Frequently Asked Questions

Land Dispute Cases in Kenya FAQs

Frequently Asked Questions About Land Disputes And Land Case Lawyers in Kenya

Land dispute cases in Kenya are often complex and emotionally charged. They involve various legal aspects such as gathering evidence, understanding legal rights, navigating trial proceedings, and interpreting court judgments. For a land dispute case to reach dispute resolution, several steps are involved in the legal process. Having an  advocate for land disputes in Kenya can significantly assist you in achieving a favorable court ruling.

To help keep you informed about land disputes in Kenya, the section below addresses many frequently asked questions about land disputes and the role of  land dispute advocates in Kenya.

While this situation may feel overwhelming, one step you can take is to find another advocate for your land dispute. One of the main reasons you hired a lawyer for land disputes in Kenya is that you may not fully understand how the legal system for these land cases works.

Missing a court date can significantly harm the success of your land case. Since your previous lawyer for land disputes is no longer representing you, it’s essential to find a dependable one and explain what happened.

An experienced land advocate in Kenya will be able to inform you whether your previous lawyer left due to weak evidence or simply due to incompetence. If the issue is weak evidence, the new land advocate will guide you on how to remedy the situation and improve your case.

When choosing a lawyer for land disputes in Kenya, it’s crucial to take several factors into account, such as their reputation, experience, area of expertise, and how much they charge. Be sure to verify that the advocate is a member of the Law Society of Kenya and has a clean disciplinary history.

Seek out an advocate who specializes in land law and has a track record of successful outcomes in land-related cases. While reading online reviews from clients, focus on how the land advocate interacts with clients before, during, and after the case. It’s vital to select a lawyer who shows empathy and treats you as an individual rather than just another case to handle.

In your land dispute case, your lawyer for land disputes in Kenya should gather evidence and develop the best legal defense to protect your interests and rights. For example, if you need the court to prevent a close family member from selling a piece of land, want to recover land that was wrongfully taken from you, or need to respond to a family member who has taken you to court, your land dispute lawyer in Kenya should work diligently to achieve a favorable ruling for you.

To prevent your land dispute case from dragging on in court and to avoid the hassle of switching one land dispute lawyer to another in search of justice, it is advisable to engage the best land dispute advocate in Kenya as soon as you notice an escalation in the dispute.

This will allow the advocate to gather and compile the strongest evidence and witness testimonies before it becomes more difficult to do so over time. Without solid evidence, your land case could take much longer in court and may even be dismissed due to insufficient evidence.

Depending on the specifics of your land dispute, your advocate will recommend the best legal course of action, which may involve mediation, negotiation, or filing a lawsuit.

If the appropriate action involves going to court, an experienced land dispute advocate in Kenya will diligently represent you and work to resolve the case as efficiently as possible, which will involve processing your land case as quickly as possible and waiting for the court to make its ruling.

This approach can save you time and money, as you will not incur legal costs while awaiting the court’s decision, allowing you to focus on other aspects of your life. Consequently, your land dispute case can be resolved without unnecessary delays in court.

There could be several reasons for this behavior from your land advocate. They may be concealing unfavorable developments in your land case, which could be troubling. Alternatively, they might be hoping to increase their legal fees by claiming that more evidence is needed or introducing a technicality. It’s also possible that they are simply incompetent land advocates and wish to avoid keeping you uninformed.

To address these issues proactively, it’s advisable to discuss them with your land advocate before engaging their services. Ask them how they plan to provide updates on the progress of your case and how frequently you can expect to receive these updates.

There are several reasons why a lawyer specializing in land disputes might act in this manner. Some land advocates may take advantage of a client’s lack of knowledge, charging them more than what was initially agreed upon.

On the other hand, some land advocates are genuinely compelled to act this way because the opposing party has submitted an application related to the land case, which must be addressed before the land case can proceed. An experienced land advocate in Kenya should inform you of this possibility before agreeing to take you on as a client. It’s important to note that not all land cases involve the opposing party applying the process.

Handling a land dispute on your own can be quite daunting. You may feel isolated, especially if hiring a land dispute advocate seems financially out of reach. Some advocates who advertise free services might decline to take your case, or your opponent may have influenced your advocate’s stance. You might also believe that you can effectively represent yourself if only you had a fair judge committed to upholding the law.

You could look into land dispute lawyers who provide free consultations. This can give you useful perspectives and feedback on your case without the immediate financial burden of hiring them for full representation.

Despite these obstacles, it’s wise to seek assistance from a land dispute advocate. Ideally, you want someone who not only comprehends the legal intricacies surrounding land disputes but is also able to remain emotionally neutral. A competent advocate should be well-versed in civil procedure rules, evidence rules, and the legislation pertinent to your situation.

You can take legal action against a close family member or relative in a land dispute matter, as permitted by the Kenyan constitution. However, we recommend contacting Musyimi Damaris & Company Advocates for an affordable legal review of your land dispute. This will help us assess whether you have a strong land case or if there are more viable and cost-effective legal options available to you.

Although this behavior may surprise you, particularly when they do not communicate why they are unable to attend, there can be several reasons to handle your land case and are simply seeking legal fees, they could believe your land case is likely to fail and want to distance themselves from it, or they may not genuinely care about your best interests.

Regardless of the reason, it’s important to be cautious of such land advocates, as they could jeopardize your land dispute case. We highly recommend Musyimi Damaris and Company Advocates for land disputes in Kenya, as they are known for treating their clients’ cases with care and providing honest updates on their progress.

While this behavior may be frustrating, there could be various reasons for it, and you shouldn’t be concerned unless it becomes a recurring issue. The land advocate may simply be preoccupied. An experienced land advocate in Kenya should however return your call as soon as possible to address your concerns. If the lack of communication continues, it may indicate that they are withholding information about the progress of your land case, which could be troubling. Additionally, failing to communicate is a clear disregard for your interests in court, so it’s wise to be cautious with such land advocates. 

We highly recommend the land dispute lawyers at Musyimi Damaris & Company Advocates, as their former clients have reported that they are responsive, often answering calls or returning them promptly to address their clients’ issues during all stages of the process.

Buying Property in Kenya FAQs

Frequently Asked Questions About Buying Property in Kenya And Property Lawyers in Kenya

Buying property in Kenya has recently been fraught with cases of land fraud, where innocent individuals have lost their hard-earned money and some have unintentionally become involved in legal issues that could lead to jail time. By conducting thorough due diligence, we can identify potential red flags in property transactions that may be fraudulent. Our property lawyers in Kenya have successfully utilized this approach to save clients from financial losses due to fraud.

To help you navigate the process of buying property in Kenya and make your experience as seamless as possible, we have dedicated this page to addressing frequently asked questions about property lawyers and the buying and selling of property in Kenya.

Although hiring a property lawyer is not legally required when purchasing property in Kenya, having an experienced professional on your side offers significant advantages. One of the key benefits is their ability to conduct due diligence, which helps identify potential red flags that could lead to fraud during the property buying process. This proactive approach has saved many Kenyans far more than they would risk losing if they were to be defrauded.

The most effective method to identify and steer clear of fraud when purchasing property in Kenya is to perform comprehensive due diligence. This detailed investigation should encompass the property owner or seller, the property itself, the property lawyer, and the real estate agent. 

By examining these critical aspects, you can spot potential warning signs of fraud and make well-informed choices about where and from whom to buy property in Kenya. Our top property lawyers in Kenya are ready to help you with due diligence, ensuring you are protected from possible land fraud.

Yes, according to the laws governing property ownership in Kenya, a foreigner can buy and own property, but there are certain restrictions. Foreign nationals are allowed to own property in Kenya, typically limited to 99-year leasehold titles in urban and non-agricultural areas. 

As a non-citizen, you cannot directly own agricultural land in Kenya; however, there are legal provisions that allow you to acquire agricultural land through a Kenyan company.

Furthermore, if you purchase land in Kenya as a foreigner, the government retains authority over property development and the terms of the lease in this leasehold arrangement. If you intend to use the leased property for profit, you may receive property rights, but the government still holds the right to reclaim and reassign the land. 

Typically, the property buyer is responsible for paying the stamp duty associated with the property purchase. However, there are certain exemptions where the seller may cover the stamp duty instead. In some cases, both the buyer and the seller may need to share the stamp duty payment.

Additionally, the government might also be responsible for paying stamp duty in specific situations. Regardless of the circumstances, the party responsible for paying the stamp duty is clearly outlined in the sales agreement.

A title can serve as proof of property ownership in Kenya; however, there are several challenges associated with it. These include issues related to customary land inheritance, disputed boundaries that affect title deeds, land grabbing, public land concerns, encumbrances or liens on title deeds, conflicting ownership claims, and the existence of fraudulent or fake title deeds. We recommend conducting periodical searches at your Lands Registry to confirm if you are still the recognized property owner.

Typically, the duration from signing the sale agreement to obtaining the new title deed ranges from 6 weeks to 90 days, influenced by various factors. Nevertheless, if complications occur—like disputes regarding property ownership, boundary issues, or delays—the process may take several months or even longer. Our knowledgeable property lawyer in Kenya can provide guidance on how to accelerate the processing of land ownership documents tailored to your circumstances.

If you own a vacant piece of land, it is advisable to regularly inspect and visit the property to ensure its security. You should also consider putting up a fence to prevent others from encroaching on the land. 

Additionally, it’s a good idea to periodically check the Lands Registry to confirm your ownership and monitor property notices in the Kenya Gazette and local newspapers. This will help you stay informed in case your property is listed and needs your attention.

If you find any inconsistencies, engage a qualified property lawyer for legal guidance to protect your property.

In general, a property seller should have the following documents ready: a copy of their National Identity Card, a copy of their KRA PIN, a copy of the original title deed, at least three high-quality passport photos, and signed affidavits.

The property buyer typically needs a copy of their National Identity Card, a copy of their KRA PIN, and at least three high-quality passport photos. However, each property transaction is unique and may require additional documents. It is advisable to engage a qualified property lawyer to help you obtain all the necessary documents for your specific property transaction.

A property lawyer assists sellers in ensuring that all necessary land documents are properly organized and meet required standards. They conduct due diligence on both you and the property to identify any potential issues that could delay or derail a sale when a buyer shows interest. Acting as your representative in the property transaction allows you to focus on your life while still benefiting financially from the property sale.

The property lawyer will let you know to engage a qualified government valuer to avoid underpricing the property and potentially losing out on profits. They will also draft a property sale agreement that protects your interests and is favorable to you. Additionally, the lawyer will help ensure that the buyer adheres to the terms outlined in the property sale agreement.

Family Succession & Inheritance in Kenya FAQs

Frequently Asked Questions About Succession & Inheritance in Kenya

Family succession and inheritance in Kenya can be a nightmare for families if not properly handled. There have been instances where a family succession case has dragged on in court for decades, leaving dependents without the ability to enjoy their inheritance. In some instances, in-laws have taken advantage of the situation, leaving widows and their surviving dependents in difficult circumstances after the unfortunate passing of their husbands. Some relatives have even gone as far as forcibly inheriting the deceased’s belongings before the court has granted its approval.

There have also been situations where the deceased left behind a will, only for someone else to come forward claiming there is another will. In contrast, other dependents may remain quiet, waiting for the succession process to be completed without causing any drama. Regardless of the specific circumstances surrounding succession and inheritance, it is essential to seek the services of our succession and inheritance lawyer in Kenya. Our skilled succession lawyer may be the solution to:

  • Protecting yourself and your surviving siblings from exploitation by relatives.
  • Honoring the last wishes of the deceased regarding the inheritance of their property.
  • Accessing the financial resources needed to plan the burial and cover expenses like school fees or home purchases.
  • Ensuring you receive your rightful share of the inheritance.
  • Safeguarding your family’s hard-earned wealth from benefiting others at your expense.
  • Preserving your family’s legacy.
  • Obtaining the financial resources to support yourself after the loss. 
  • Experiencing a smooth and seamless transition in family succession and inheritance.

Our succession and inheritance lawyers in Kenya have extensive experience in assisting ordinary Kenyan families like yours with matters related to succession and inheritance.

For those who may be unfamiliar with how the succession and inheritance law applies to their unique situation, our succession lawyers in Kenya lawyers have compiled and addressed some of the most frequently asked questions on these topics.

Drafting a valid will that clearly outlines how you wish your property to be inherited provides certainty for your beneficiaries. It ensures they understand your wishes and helps prevent disputes regarding your estate. Additionally, a will allows you to maintain control over the assets you have accumulated throughout your lifetime. This not only preserves your legacy but also gives your dependents the opportunity to honor your wishes.

In Kenya, the laws governing succession and inheritance allow the court to revoke or invalidate a will if a testator has publicly stated their intention to disinherit someone. Even in such cases, that person is still entitled to receive something from the estate, though it doesn’t have to be an equal share.

A will may be deemed invalid if it fails to include all liabilities or specify how debts should be paid. Additionally, it must be signed in the presence of a witness, who doesn’t need to understand its contents but should not be a beneficiary to prevent conflicts of interest. If there isn’t an appointed executor, the will could also be considered invalid.

In Kenya, the laws governing succession and inheritance state that no land or property, regardless of its size, is too small to be shared among beneficiaries. These laws specify how inherited property should be divided, ensuring that all children, including daughters, have the right to inherit.

According to the succession and inheritance laws in Kenya, when a person dies without a will (intestate), their family must appoint an estate administrator from among themselves, like the eldest sibling or mother, to oversee property transfer. If there are multiple homes, each can have a separate administrator.

Conversely, when someone dies with a will (testate), the executor named in the will manages the estate according to the deceased’s wishes. Both the administrator and executor must return to court to account for the estate distribution.

A baby born after their father’s passing may be entitled to inheritance. In Kenya, according to the laws of succession and inheritance, a child is considered a beneficiary if they are born within 280 days (approximately nine months) following the father’s death.

Indeed, numerous widows have successfully contested succession cases regarding the property of their late husbands. One significant basis for challenging the validity of a will is if it explicitly excludes the widow, as this can indicate a potential oversight or intention that may not align with the deceased’s true wishes. Engaging a succession lawyer in Kenya  is key to ensuring you secure your justice.

In Kenya, the laws of succession and inheritance permit negotiation and mediation as alternative methods for resolving disputes within families. It is advisable to engage a skilled succession advocate to facilitate these discussions, as they are experienced in ensuring a smooth process while also protecting your family’s interests.

In Kenya, when a person dies without leaving a will, it is known as intestate succession. The intestate succession process starts when an adult family member notifies the local chief about the death to secure a Letter of Recognition. The final step involves the court approving the distribution of the deceased’s estate to their dependents, a process referred to as probate administration. It is highly recommended to seek the assistance of a succession and inheritance lawyer to help navigate the legal complexities involved.

There is no logical proof to support this misconception about writing a will. The best time to create a will is as soon as you acquire your first asset, and you should update it whenever you gain more properties or assets. A will allows you to dictate how you want your hard-earned property to be distributed among your dependents. It also provides them with clarity about your intentions for preserving your legacy. Consulting an experienced succession and inheritance lawyer can help you achieve this.

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I had never been involved in a court case before but Damaris proved to be both resourceful & helpful. She listened to the whole story of my case and understood it properly before guiding me. In court, she was no stranger to my case. Moreover, she would even call me back to answer any of my questions.
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    Land Dispute Cases in Kenya Blog

    Succession & Inheritance in Kenya Blog

    Buying & Selling Property in Kenya Blog

    Damaris Musyimi is a qualified lawyer, advocate, and legal professional who has gone through legal education and been admitted to the bar. She interned at The Office of the Director of Public Prosecutions (ODPP) before graduating from The Kenya School of Law and was then admitted to the bar as an Advocate of the High Court of Kenya. She is licensed to practice law by The Law Society of Kenya and can try cases before all civil courts, including the Supreme Court, the Court of Appeal, and the High Court of Kenya.

    Throughout her legal career and professional legal practice, she has worked and consulted with many reputable law firms and legal organizations in the country, adding to her experience. Damaris is also an active member of the Law Society of Kenya.

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