Category: Your Interests, Our Niches

  • NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    NGO, Diaspora & Immigration Legal Services in Kenya: A Detailed Guide

    Starting or managing an NGO, handling Kenyan property from abroad, or securing immigration status often feels like a maze of regulations and deadlines. One missed form, late renewal, or misunderstanding of the NGO Co‑ordination Act can stall your mission, expose assets to risk, or jeopardize your residency.

    At Mitey & Associates, we guide you through Kenya’s NGO, property, and immigration frameworks with precision and empathy. Led by Mitey, a former Court of Appeal judge with over 25 years’ experience, our team ensures you meet every statutory requirement—so your work, investments, and family remain protected.

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    1. NGO Registration, Compliance & Donor Agreements

    Legal Basis: NGO Co‑ordination Act 1990; Public Benefit Organizations Act 2013; Income Tax Act (PBO exemptions).

    Registering an NGO requires reserving a unique name (Form 2), drafting a compliant constitution, and filing Forms 1–3 with the NGO Coordination Board. Proper governance structures and donor agreements ensure eligibility for tax exemptions under the Income Tax Act and build trust with funders.

    Risks if mishandled: Application rejection, deregistration, loss of tax-exempt status.

    How we help: We handle name reservation, constitution drafting, board setup, donor-agreement templates, and all filings—then guide annual returns and PBO re-registration for continued compliance.

    2. Diaspora Property Management & Transactions

    Legal Basis: Land Registration Act 2012; Sectional Properties Act 2020; Power of Attorney Act.

    Owning or managing Kenyan real estate remotely demands careful title verification, sectional-title registration, and robust Powers of Attorney. Properly drafted POAs prevent fraud and ensure your agent can complete transactions without delay.

    Risks if mishandled: Fraudulent transfers, rejected POAs, disputed inheritance.

    How we help: We conduct due-diligence searches, draft and register long-term POAs, oversee off-plan and resale purchases, and advise on trust structures for seamless succession planning.

    3. Immigration, Visas & Work Permits

    Legal Basis: Kenya Citizenship & Immigration Act 2011; Immigration Regulations.

    Securing the right visa or work permit ensures lawful residence and employment. Applications under Classes D, G, F, and investor categories require precise documentation, police clearances, and timely renewals to avoid illegal-status penalties.

    Risks if mishandled: Visa denials, deportation orders, business disruptions.

    How we help: We prepare and submit permit applications, coordinate police certificates and affidavits, handle renewals, appeals to the Immigration Appeal Tribunal, and judicial reviews in the High Court when necessary.

    4. Document Legalization, Apostilles & Certifications

    Legal Basis: Oaths & Statutory Declarations Act; Hague Apostille Convention.

    Academic, marriage, and birth certificates often need notarization, apostilles, or embassy legalization for use abroad. Ensuring proper authentication avoids application delays for study, work, or family reunification.

    Risks if mishandled: Rejected documents, visa delays, contractual invalidity.

    How we help: We notarize, obtain apostilles via the Attorney‑General’s Chambers, and coordinate embassy legalizations for non‑Hague countries, ensuring your documents are recognized internationally.

    Ready to Secure Your Global Interests?

    Contact Mitey & Associates today for seamless NGO registration, diaspora property management, immigration solutions, and document legalization—so you can focus on your mission, investments, and family.

    Book a Consultation
    Download Our NGO & Diaspora Guide

  • Family Law, Personal Litigation & Appeals in Kenya

    Family Law, Personal Litigation & Appeals in Kenya

    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.

    Schedule a Consultation
    Download Our Family Law Checklist

  • Business, Corporate & Fintech Legal Services in Kenya

    Business, Corporate & Fintech Legal Services in Kenya


    Business, Corporate & Fintech Legal Services in Kenya | Mitey & Associates

    Business, Corporate & Fintech Legal Services in Kenya: A Comprehensive Guide

    Expanding or launching a business in Kenya often feels like navigating a maze of statutes, filings, and regulatory hurdles. Missing a company registration step, overlooking a KRA filing, or misinterpreting CBK fintech licensing guidelines can lead to penalties, operational disruptions, and lost opportunities. You deserve clarity, not confusion.

    At Mitey & Associates, we simplify this journey. Led by Mitey, a former Court of Appeal judge with 25+ years of legal expertise, our team translates Kenya’s complex corporate landscape into clear, actionable steps. We guide you through incorporation, compliance, and fintech licensing so your business can grow with confidence.

    1. Business Registration & Structuring

    Legal Basis: Companies Act, 2015 (Sections 9–14); eCitizen Regulations.

    Proper incorporation under the Companies Act, 2015, not only grants your business legal identity but also enables you to open bank accounts, secure investments, and limit personal liability. We handle name reservation, Memorandum & Articles drafting, beneficial ownership compliance, and KRA PIN, NSSF, NHIF, and county permit registrations seamlessly.

    Failure to follow statutory processes can attract fines and risk director liability. Mitey & Associates ensures your incorporation and structuring are flawless, your compliance calendar is managed, and all filings are timely and accurate, allowing you to focus on growing your business.

    2. Joint Ventures & Shareholder Agreements

    Legal Basis: Companies Act (Part V), Law of Contract Act.

    Joint ventures and partnerships without clear agreements can easily lead to disputes. We draft bespoke shareholder agreements, defining capital contributions, governance structures, director duties, exit mechanisms, and dispute resolution processes under Kenyan law to safeguard your interests from the outset.

    By addressing potential conflicts in advance through detailed agreements, we help you avoid costly disputes, deadlocks, and operational paralysis while maintaining strong working relationships between stakeholders.

    3. Taxation & KRA Compliance

    Legal Basis: Income Tax Act (Cap 470), VAT Act, Tax Procedures Act.

    Complying with Kenya Revenue Authority requirements is non-negotiable for every business in Kenya. We guide you through KRA PIN registration, VAT and PAYE setups, turnover tax filing, and comprehensive tax compliance reviews while assisting in structuring your operations for tax efficiency under Kenyan tax laws.

    Errors in tax filings can lead to audits, penalties, and unnecessary financial strain. Our services include accurate and timely returns, audit representation, and negotiating with KRA for payment plans, ensuring your business remains compliant and prepared for audits or inquiries.

    4. Fintech Licensing & Regulatory Compliance

    Legal Basis: National Payment Systems Act 2011, CBK Digital Credit Providers Regulations 2020, Data Protection Act 2019, POCAMLA 2009.

    Entering Kenya’s thriving fintech space requires navigating regulatory frameworks, CBK licensing, and data compliance. We prepare your CBK licensing applications, develop AML/CFT and KYC policies under POCAMLA, and ensure data protection frameworks compliant with the Data Protection Act, enabling you to operate transparently and efficiently within Kenya’s financial sector.

    Regulatory missteps can result in licence rejections or penalties. Mitey & Associates proactively handles your applications, liaises with regulatory authorities, and ensures your fintech operations align with statutory and regulatory frameworks, reducing your compliance risks.

    5. Commercial Contracts & Risk Mitigation

    Legal Basis: Law of Contract Act, Sale of Goods Act, Civil Procedure Act.

    Commercial agreements form the backbone of any successful enterprise. We draft and review supplier agreements, distribution contracts, employment contracts compliant with the Labour Relations Act, technology and IP licensing agreements, and service-level agreements. Our approach ensures your contracts clearly define terms, limit liabilities, and include effective dispute-resolution clauses under Kenyan law.

    Effective contract management reduces litigation risks while safeguarding your commercial interests, intellectual property, and operational clarity.

    Ready to Build Your Business with Legal Confidence?

    Let Mitey & Associates handle the legal complexities while you focus on innovation and scaling your enterprise with confidence.

    Book a Consultation
    Download Our Startup Compliance Checklist