Family Law, Personal Litigation & Appeals in Kenya: A Detailed Guide
Navigating family or personal legal matters in Kenya can be emotionally taxing and procedurally complex. You may worry about securing your children’s future, dividing assets fairly, or overturning an unfair judgment. Errors—from incomplete custody affidavits to missed appeal deadlines—can delay solutions and deepen stress.
At Mitey & Associates, we combine over 15 years of focused family-law practice with the insight of a former Court of Appeal judge. We listen, clarify statutes, and guide you through each process under the Matrimonial Causes Act, Children’s Act, Succession & Trustee Acts, and Civil Procedure Act—so you can move forward with confidence.
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1. Marriage, Separation & Sharia-Compliant Agreements
Legal Basis: Matrimonial Causes Act (Cap 150); Islamic Law Practice Act.
Civil marriages require clear contracts on dowry, maintenance, and property division under the Matrimonial Causes Act. Muslim couples need Sharia-compliant nikah and khul‘ agreements enforceable in both Qadhi and civil courts. Proper registration and drafting prevent future disputes over dowry (mahr), separation terms, and maintenance obligations.
Risks if mishandled: Unenforceable agreements, maintenance gaps, property conflicts.
How we help: We draft and register marriage or separation contracts, advise on filing procedures, and ensure faith and statutory requirements align seamlessly.
2. Custody, Guardianship & Adoption
Legal Basis: Children’s Act (No. 8 of 2001).
The Children’s Act prioritizes the child’s best interests in granting parental responsibility or adoption. Applications demand detailed affidavits, social-services reports, and guardian-ad-litem assessments. Cross-border adoptions require Hague Convention compliance and Kenyan consular coordination.
Risks if mishandled: Hearing delays, contested orders, emotional strain for all parties.
How we help: We prepare affidavits, liaise with social services, compile psychological assessments, and ensure court documents meet statutory standards for smooth outcomes.
3. Wills, Trusts & Estate Planning
Legal Basis: Succession Act (Cap 160); Trustee Act (Cap 167).
Under the Succession Act, a valid will prevents intestacy and inheritance disputes. Trust structures under the Trustee Act protect assets for minors and vulnerable beneficiaries. Adequate estate planning also minimises KRA duties and ensures smooth probate under Kenyan law.
Risks if mishandled: Contested wills, executor misconduct, unnecessary tax liabilities.
How we help: We draft clear wills, establish testamentary and protective trusts, advise on tax-efficient strategies, and guide executors through probate petitions, letters of administration, and creditor claims.
4. Civil Litigation & Appeals
Legal Basis: Civil Procedure Act (Cap 21); Judicature Act; Court of Appeal Rules.
When disputes cannot be settled amicably, litigation or appeal is necessary. Timely pleadings under the Civil Procedure Act, careful evidence management, and strategic grounds of appeal under the Court of Appeal Rules are vital to success.
Risks if mishandled: Missed limitation periods, weak grounds of appeal, adverse cost orders.
How we help: We draft precise pleadings, manage discovery, prepare appellate records, and represent you in court—leveraging our deep bench of courtroom and appellate expertise to pursue the outcome you need.
Ready to Resolve Your Personal & Family Matters?
Contact Mitey & Associates for empathetic, expert guidance through Kenya’s family law, litigation, and appeals processes—so you can protect what matters most.
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