Judy Thongori & Company Advocates

Litigation & Arbitration

At Judy Thongori & Co. Advocates, we have expert and knowledgeable advocates who defend and guide our clients throughout the court process. We are able to make informed decisions based on our experience and develop a strategy to litigate even the most complicated disputes in court. We consistently keep our clients informed of the developments of their cases and are always available on appointment to explain and discuss possible new approaches and reach a favourable conclusion to the matter at hand.

Child custody is defined in the Children’s Act as the parental rights and duties that relate to the possession of the child. Child custody is divided into two:

1. Legal Custody – This is the parental rights and duties in relation to possession of a child as are conferred on a person by a custody order. These include the responsibility to maintain a child.
2. Actual custody – Actual custody of a child refers to the actual possession of a child whether or not the possession is shared with the other parent or any other person. Therefore, whoever the court gives actual custody of the child to, will live with the child.

The court is always guided by the best interests of the child when making a decision on which parent to give actual custody.

Section 83 of the Children’s Act sets out the principles guiding the court in making a custody order. The court must consider the conduct and wishes of the parent or guardian of the child, the ascertainable the child and the best interests of the child.

Once the courts have taken into consideration everything above, then they will make a custody order. Usually the court is guided by the official report made by a Children’s officer.

Succession is the transfer or redistribution of the property of the deceased, to the person or persons entitled, either by will or by operation of law. The law of succession is concerned with the legal consequences flowing from death on the deceased person’s property. This is dependent on whether the deceased died testate (having made a will) or intestate (not having made a will). The rules and principles relating to wills and the procedures for distribution of the deceased’s estate in Kenya are found in the Law of Succession Act. 

In the case of testate succession, the estate of the deceased, after satisfying all existing obligations, is distributed in the manner set out in the will. In the case of an intestate succession, the estate is distributed according to the laws of intestacy.

Testate succession involves the personal representative or executor needing to obtain a grant of probate to prove that the will is genuine. The probate allows the executor or personal representative to distribute the estate of the deceased accordingly.

While in the case of intestate succession, one must apply for letters of administration in order to be able to distribute with the estate.

An advocate is under a legal duty to ensure that:

• The will accurately captures the instructions of the client.
• The testator has capacity to make the will.
• The testator intends to make the will.
• The will meets the requirements of the laws in force.