Legal Help Center

Criminal Law

An offence means an act, attempt or omission punishable by law.

Yes, a police officer can use force when making an arrest but only when the person being arrested uses force to resist the arrest or tries to evade being arrested.

A demonstration is an action by a mass group or collection of groups of people in favor of a political cause or other cause/ a protest against a cause of concern.E.g. protest due to the increase of the price of maize flour.

Yes, every person has a right to demonstrate, assemble and present petitions to public authorities in peace and unarmed as enshrined under the Constitution.

When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighborhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of peace.

Family Law

• Monogamous Family
• Polygamous Family

• Marriage Act, 2014
• Matrimonial Property Act
• Children’s Act

• Christian marriages
• Civil marriages
• Customary marriages
• Hindu marriages
• Muslim marriages

Monogamy – Christian, Hindu or civil marriages are monogamous (Sec 6(2) of Marriage Act 2014)
-A person in a monogamous marriage shall not contract another marriage (Sec 9(a) of Marriage Act 2014)
Polygamy – Islamic and customary marriages are presumed to be polygamous or potentially polygamous (Sec 6(3) of Marriage Act 2014)
– A person in a polygamous marriage shall not contract another, monogamous marriage (Sec 9(b) of Marriage Act 2014)

Yes. Marriage can be converted from potentially polygamous to monogamous if both spouses voluntarily agree. {Section 8(1) of the Marriage Act 2014}

Law Of Succession

Law of succession, also referred to as the law of inheritance i.e. transmission of property rights from the dead to the living. Most of the dependants are family members but this is not an aspect of family law.

  • Testate Succession – occurs when a person makes a valid and enforceable will which ensures that upon the death of that person, his/her property passes to a person[s] of his/ her choice.
  • Interstate Succession – It occurs when a person dies without making a will or the will is invalidated.

It is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

It may be oral or written.

Yes, a will can be altered but the effects of the changes depend on whether they were made before or after the execution of the will..

Any immovable or movable property disposed of under a will.

Traffic Rules

Learner driving without “L” plates on the front and rear – Kshs 1,000.

Individuals driving a PSV vehicle without being the designated driver – Kshs 5,000.

Failure by the owner of the vehicle to have seat belts in the motor vehicle – Kshs 1,000 per seat.

PSV conductor’s failure to keep seat belts in a clean, dry and generally wearable condition – Kshs 500.

Failure of a vehicle to carry warning signs (lifesavers) – Kshs 2,000.

Failure to fit the prescribed speed governor in PSV and Commercial Vehicles – Kshs 10,000.

A person driving or operating a PSV with tinted windows or windscreen – Kshs 2,000.

Failure of a PSV to carry functional re extinguishers and re kits – Kshs 2,000.

Conveyancing

This is the act of alienating or transferring interests in land from one person to another.

This is the legal process of transferring interests in land from one person to another.

This is an instrument use in land transactions eg a charge, transfer or a lease.

This is the revenue payable to the government through the Kenya Revenue Authority.

Stamp duty is assessed based on the value of the property as assessed by the government valuer.

Sexual offences

A sexual offence is any act that causes unwanted sexual contact

This is when a person unlawfully penetrates the genital organs of another person with;

  • Any part of their body or of another or;
  • With an object manipulated by another or them. This object is not used for proper and professional hygienic or medical purposes.

Sexual assault can happen in different situations, in the home by someone you know, on a date, or by a stranger in an isolated place.

Socially, sexual assault is also used to refer to any type of sexual activity that one has not consented to. Such activity includes but is not limited to rape, incest, sexual harassment, deliberate transmission of HIV/Aids and other sexually transmitted diseases, attempted rape and defilement.

For more information, visit: https://covaw.or.ke/law-procedures/

 

 

 

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Two questions must be asked:

  • Was there consent?
  • Was the act unlawful and intentional?

Consent is defined as when a person agrees by choice and has the freedom and capacity (the ability or power to do or understand something) to make that choice.

  • Express Consent-this is consent that is clearly and unmistakably stated.
  • Implied consent-this is consent inferred from a person’s conduct, i.e one concludes from how someone behaves that they have agreed to a sexual act
  • Informed consent-this is when a person gives consent with full knowledge of the risks and the other alternatives.
  • Any person used or threatened to use violence against the complainant at the time of the act or immediately before the first sexual activity.
  • Any person caused the complainant to fear at the time of the act or immediately before the first sexual act, that violence was being used or would be used immediately against another person, i.e if someone threatens to harm your family if you refuse to engage in a sexual act with them
  • The complainant was and the defendant was not unlawfully detained.
  • The complainant was asleep or otherwise unconscious at the time.
  • The complainant was unable to communicate consent to the defendant because of a disability.
  • Any person administered /caused the complainant to be stupefied /overpowered at the time of the relevant act, i.e if someone puts a drug in another’s drink to make them drunk or unconscious such that they are unable to resist the sexual act

Yes. Consent is a defense where it was not obtained under any of the circumstances above. A person below the age of 18 years (age of majority) cannot legally consent to sex.

These are acts committed;

  • In any coercive circumstance e.g. abuse of power by a superior causing a junior to be incapable of resisting. 
  • Under false pretenses/fraudulent means e.g. a person is deceived that the other party is married to them.
  • In respect to a person who is incapable of appreciating the nature of an act which causes the offence e.g. a person who is asleep/unconscious/ under the influence of drugs, alcohol or other substances which impair a person’s consciousness and judgment. 

A person commits the offence termed rape if;

    • He or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs.
    • The other person does not consent to the penetration.
    • Consent is obtained by force or by means of threats or intimidation of any kind.

NB: Rape is an offence which is committed not only by male persons against females, but also by female persons against males and even against persons of the same sex.

 

 

A person guilty of the offence of rape is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

This is when a person attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs.

Any person found guilty of this offence is liable upon conviction for imprisonment for a term which shall not be less than five years but which may be enhanced to imprisonment for life.

Date rape drugs are substances that are commonly used to intoxicate or knock out people for the purpose of raping or sexually assaulting them. There are many substances that fall into this category and they are often given to people orally without their knowledge through methods such as slipping them into their drink. The substances include alcohol and other drugs

This is where a person uses violence or threatens to use violence to force his or her spouse to have sex with them.

No, there is no legal protection against rape within marriage. As per section 43(5) of the Sexual Offences Act, intentional and unlawful acts do not apply to persons who are lawfully married.

However, lack of consent in marital sexual relations can be considered as a form of cruelty thus constituting a ground for divorce in civil cases.

See; http://kenyalaw.org/caselaw/cases/view/34452

Yes. A spouse can prosecute his/her partner for deliberately transmitting HIV or any other life threatening STD to them regardless of whether the party consented to the act or not.

The penalty for such an offence is a minimum term of 15 years’ imprisonment to a maximum of life imprisonment.