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Ask Wakili, Nairobi (2026)

16/09/2026

𝐂𝐚𝐧 𝐲𝐨𝐮 𝐢𝐧𝐡𝐞𝐫𝐢𝐭 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐟𝐫𝐨𝐦 𝐚 𝐩𝐚𝐫𝐞𝐧𝐭 𝐲𝐨𝐮 𝐧𝐞𝐯𝐞𝐫 𝐥𝐢𝐯𝐞𝐝 𝐰𝐢𝐭𝐡?
Your father left when you were young. You grew up with your mother or maternal relatives and barely had any relationship with him. Years later, he dies and leaves behind several properties. His other children say:
"𝘠𝘰𝘶 𝘤𝘢𝘯𝘯𝘰𝘵 𝘪𝘯𝘩𝘦𝘳𝘪𝘵 𝘢𝘯𝘺𝘵𝘩𝘪𝘯𝘨. 𝘠𝘰𝘶 𝘸𝘦𝘳𝘦 𝘯𝘦𝘷𝘦𝘳 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘩𝘪𝘴 𝘭𝘪𝘧𝘦."

𝐀𝐫𝐞 𝐭𝐡𝐞𝐲 𝐫𝐢𝐠𝐡𝐭?
Not necessarily.

Under Kenyan succession law, the fact that you did not live with a parent, had little contact with them, or were raised by the other parent does not, by itself, take away your right to inherit.

What matters is your legal relationship with the deceased and whether you qualify as a beneficiary or dependant under the law.

Family disagreements, resentment or years of separation do not automatically determine who is entitled to inherit.

Are you facing a similar challenge involving succession or family property? 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈! before giving up your rights.

10/09/2026

𝐘𝐨𝐮 𝐛𝐨𝐮𝐠𝐡𝐭 𝐥𝐚𝐧𝐝 𝐟𝐫𝐨𝐦 𝐨𝐧𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐝𝐞𝐜𝐞𝐚𝐬𝐞𝐝’𝐬 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧. 𝐂𝐚𝐧 𝐭𝐡𝐞 𝐨𝐭𝐡𝐞𝐫 𝐛𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐢𝐞𝐬 𝐬𝐭𝐨𝐩 𝐲𝐨𝐮?

Imagine this:

A person dies leaving behind land and several children. Before succession is completed, one of the children approaches you and says:
"𝘐 𝘢𝘮 𝘢 𝘣𝘦𝘯𝘦𝘧𝘪𝘤𝘪𝘢𝘳𝘺. 𝘛𝘩𝘪𝘴 𝘪𝘴 𝘮𝘺 𝘴𝘩𝘢𝘳𝘦 𝘰𝘧 𝘮𝘺 𝘧𝘢𝘵𝘩𝘦𝘳'𝘴 𝘭𝘢𝘯𝘥. 𝘐 𝘸𝘢𝘯𝘵 𝘵𝘰 𝘴𝘦𝘭𝘭 𝘪𝘵 𝘵𝘰 𝘺𝘰𝘶."

You pay. You sign an agreement. Later, the other beneficiaries discover the sale and object. Does the fact that the seller is a beneficiary make the sale valid?

Not necessarily.

Under Kenyan succession law, being a beneficiary does not automatically mean that you own a specific portion of the deceased's property that you can sell.

Until the succession process is completed and the estate is properly distributed, a beneficiary may not have the legal authority to sell a specific property belonging to the estate.

For a buyer, this can be a very risky transaction. Before buying property from a beneficiary of a deceased person's estate, first establish whether the seller actually has the legal authority to sell it.

A transaction that looks like a good bargain can easily turn into a dispute over the land, the money paid, and the validity of the sale.

Are you facing a similar challenge involving property belonging to a deceased person's estate? - 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈 𝐛𝐞𝐟𝐨𝐫𝐞 𝐭𝐚𝐤𝐢𝐧𝐠 𝐚𝐧𝐲 𝐟𝐮𝐫𝐭𝐡𝐞𝐫 𝐬𝐭𝐞𝐩!

09/09/2026

𝐂𝐚𝐧 𝐚𝐧 𝐮𝐧𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐝 𝐩𝐚𝐫𝐞𝐧𝐭 𝐛𝐞 𝐨𝐫𝐝𝐞𝐫𝐞𝐝 𝐭𝐨 𝐩𝐚𝐲 𝐜𝐡𝐢𝐥𝐝 𝐦𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞?

The simple answer is 𝐘𝐞𝐬!

Being unemployed does not automatically mean that a parent has no responsibility to maintain their child. Under the Children Act, both parents have a duty to provide for their child according to their circumstances.

However, the court does not determine maintenance based on the mere fact that a person is a parent. It considers the child's needs together with the financial circumstances, income, earning capacity and other obligations of each parent.

Therefore, an unemployed parent may still be required to contribute towards the child's maintenance, but the amount ordered should reflect the parent's actual circumstances and ability to contribute.

Unemployment is not necessarily an excuse for abandoning parental responsibility, but neither does it mean that a parent can be ordered to pay an amount they genuinely cannot afford.

𝘛𝘩𝘪𝘴 𝘱𝘰𝘴𝘵 𝘪𝘴 𝘧𝘰𝘳 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘧𝘰𝘳𝘮𝘢𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘥𝘰𝘦𝘴 𝘯𝘰𝘵 𝘤𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘦 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦.

07/09/2026

“𝐈 𝐚𝐦 𝐧𝐨𝐭 𝐩𝐚𝐲𝐢𝐧𝐠 𝐬𝐜𝐡𝐨𝐨𝐥 𝐟𝐞𝐞𝐬 𝐟𝐨𝐫 𝐦𝐲 𝐜𝐡𝐢𝐥𝐝 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐭𝐡𝐞 𝐦𝐨𝐭𝐡𝐞𝐫 𝐡𝐚𝐬 𝐚𝐧𝐨𝐭𝐡𝐞𝐫 𝐜𝐡𝐢𝐥𝐝 𝐰𝐢𝐭𝐡 𝐚𝐧𝐨𝐭𝐡𝐞𝐫 𝐦𝐚𝐧.”- Can a parent refuse to maintain his child for this reason?

The answer is 𝐍𝐎-not simply for that reason.

A parent’s responsibility to maintain their child does not disappear because the child’s mother has another child with someone else. Under the Children Act, both parents have a responsibility to provide for the child, including their education and other basic needs.

That said, when determining the amount each parent should contribute, the court may consider the financial circumstances and other responsibilities of each parent, including responsibility for other children.

The important point is that a dispute between the parents should not be used as a reason to neglect the child. If there is a disagreement about school fees or the appropriate amount of maintenance, the issue can be addressed through the proper legal process.

𝘛𝘩𝘪𝘴 𝘱𝘰𝘴𝘵 𝘪𝘴 𝘧𝘰𝘳 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘧𝘰𝘳𝘮𝘢𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘥𝘰𝘦𝘴 𝘯𝘰𝘵 𝘤𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘦 𝘭𝘦𝘨𝘢𝘭 𝘢𝘥𝘷𝘪𝘤𝘦.

03/03/2026

𝐃𝐨𝐞𝐬 𝐞𝐪𝐮𝐚𝐥 i𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐦𝐞𝐚𝐧 𝐞𝐪𝐮𝐚𝐥 𝐬𝐡𝐚𝐫𝐞𝐬? 𝐰𝐡𝐚𝐭 𝐭𝐡𝐞 𝐥𝐚𝐰 𝐫𝐞𝐚𝐥𝐥𝐲 𝐬𝐚𝐲𝐬
Many family fights over inheritance start with one question:
“𝐃𝐨𝐞𝐬 𝐞𝐪𝐮𝐚𝐥 𝐬𝐡𝐚𝐫𝐢𝐧𝐠 𝐦𝐞𝐚𝐧 𝐞𝐯𝐞𝐫𝐲𝐨𝐧𝐞 𝐦𝐮𝐬𝐭 𝐠𝐞𝐭 𝐭𝐡𝐞 𝐞𝐱𝐚𝐜𝐭 𝐬𝐚𝐦𝐞 𝐩𝐨𝐫𝐭𝐢𝐨𝐧?”

Kenya Court of Appeal answered this in the case of 𝐑𝐨𝐧𝐨 𝐯 𝐑𝐨𝐧𝐨 & 𝐀𝐧𝐨𝐭𝐡𝐞𝐫 (𝟐𝟎𝟎𝟓).

In that case, a man died without writing a will. His children disagreed on how to share his property. Some argued that everything should be divided into equal pieces for each child. Others said that some children had already been given land and benefits while the father was alive, so that should be considered before dividing what was left.

The Court made two important points:
𝐅𝐢𝐫𝐬𝐭, where a parent dies without a will, the law says children are entitled to equal inheritance.
𝐒𝐞𝐜𝐨𝐧𝐝, “equal” does not always mean blindly dividing property into identical portions. A court can look at the bigger picture - for example:
• Did one child already receive land or money during the parent’s lifetime?
• Does one child have special needs?
• What would be fair in the circumstances?

The Court was also very clear on one thing: daughters cannot be given less simply because they are women. Sons and daughters have equal rights under the law.

𝐓𝐡𝐞 𝐬𝐢𝐦𝐩𝐥𝐞 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲 𝐢𝐬 𝐭𝐡𝐢𝐬:
When there is no will, equality is the starting point - but fairness matters too. Courts will not allow technical arguments or discrimination to defeat justice.

If you are handling a family estate, transparency and fairness are key. Hiding past gifts or trying to sideline certain children often leads to long and costly court battles.

Are you facing a similar situation? Please 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈 privately for guidance.

02/03/2026

𝐂𝐚𝐧 𝐝𝐚𝐮𝐠𝐡𝐭𝐞𝐫𝐬 𝐛𝐞 𝐝𝐢𝐬𝐢𝐧𝐡𝐞𝐫𝐢𝐭𝐞𝐝 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞𝐢𝐫 𝐟𝐚𝐭𝐡𝐞𝐫’𝐬 𝐞𝐬𝐭𝐚𝐭𝐞?
Can a daughter be disinherited from her father’s estate simply because she is married - or because she is a woman?

This question continues to arise in succession disputes across Kenya, particularly where family land is concerned. Many still assume that sons take priority while daughters “𝐦𝐚𝐫𝐫𝐲 𝐞𝐥𝐬𝐞𝐰𝐡𝐞𝐫𝐞.” Legally, that position is untenable.

Under the Law of Succession Act, children are recognised as beneficiaries of a deceased parent’s estate without distinction based on gender or marital status. 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟐𝟕 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 further prohibits discrimination on the basis of s*x. Kenyan courts have repeatedly affirmed that daughters are entitled to inherit equally from their father’s estate.

While a person may distribute property through a valid will, that freedom is not absolute. Where dependants are unfairly excluded, the court may intervene. Customary beliefs cannot override statutory and constitutional protections.

The issue, therefore, is not whether daughters can inherit - the law is clear. The issue is whether families are prepared to comply with it.

Are you facing a similar situation? 𝐏𝐥𝐞𝐚𝐬𝐞 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈 privately for guidance.

29/01/2026

𝐈𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞 𝐫𝐢𝐠𝐡𝐭𝐬 𝐨𝐟 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧 𝐛𝐨𝐫𝐧 𝐨𝐮𝐭𝐬𝐢𝐝𝐞 𝐦𝐚𝐫𝐫𝐢𝐚𝐠𝐞.
A child born outside marriage does not lose inheritance rights simply because they were unknown to the deceased’s spouse or family.

Under the Kenyan Law of Succession, a child qualifies to inherit if the deceased parent acknowledged, accepted, or assumed responsibility for them during their lifetime. Disclosure to the family is not a legal requirement.

Such a child may prove recognition through evidence like a birth certificate, financial support, communication, witness testimony, or DNA testing. Once recognition is established, the child is entitled to inherit on equal footing with other children.

If the child was excluded from succession proceedings, the court may revoke or vary the grant to include them.

𝐑𝐞𝐦𝐞𝐦𝐛𝐞𝐫: Kenyan law protects children from discrimination - inheritance depends on proof of recognition, not family awareness.

Have you or your child been discriminated from inheritance by family members?

𝐃𝐨 𝐧𝐨𝐭 𝐬𝐮𝐟𝐟𝐞𝐫 𝐢𝐧 𝐬𝐢𝐥𝐞𝐧𝐜𝐞! 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈!!

19/01/2026

𝐖𝐡𝐲 𝐝𝐞𝐧𝐲𝐢𝐧𝐠 a𝐜𝐜𝐞𝐬𝐬 𝐜𝐚𝐧 𝐜𝐨𝐬𝐭 𝐲𝐨𝐮 𝐜𝐮𝐬𝐭𝐨𝐝𝐲
Children courts prioritize the 𝐛𝐞𝐬𝐭 𝐢𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐡𝐢𝐥𝐝, which usually include maintaining a meaningful relationship with both parents.

When one parent denies court-ordered or agreed access, it is often viewed negatively by the court.
𝐃𝐞𝐧𝐲𝐢𝐧𝐠 𝐚𝐜𝐜𝐞𝐬𝐬 𝐜𝐚𝐧 𝐛𝐞 𝐬𝐞𝐞𝐧 𝐚𝐬:
• Disregard for court orders or parenting agreements
• An unwillingness to support the child’s relationship with the other parent
• Evidence of poor judgment or parental alienation.

Even when a parent believes they have valid concerns, withholding access without court approval can result in serious consequences, including reduced custody or a change in primary residence.
If safety is genuinely at issue, the appropriate step is to seek legal intervention - not to act unilaterally.

Custody outcomes are shaped by conduct. Cooperation and compliance matter.

When in doubt, document your concerns and 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈 before acting.

15/01/2026

𝐑𝐞𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐰𝐢𝐭𝐡 𝐚 𝐂𝐡𝐢𝐥𝐝 - 𝐖𝐡𝐞𝐧 𝐢𝐬 𝐂𝐨𝐧𝐬𝐞𝐧𝐭 𝐨𝐫 𝐂𝐨𝐮𝐫𝐭 𝐀𝐩𝐩𝐫𝐨𝐯𝐚𝐥 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐝?
Thinking of moving to another town or country with your child?
Before you pack up, there’s something important you need to know.
In children matters, 𝐫𝐞𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐢𝐬 𝐧𝐨𝐭 𝐣𝐮𝐬𝐭 𝐚 𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐝𝐞𝐜𝐢𝐬𝐢𝐨𝐧 - it is a legal one.

𝐖𝐡𝐞𝐧 𝐢𝐬 𝐜𝐨𝐧𝐬𝐞𝐧𝐭 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐝?
If both parents have parental responsibility, you must obtain the other parent’s consent before relocating the child, especially where the move will affect:
• Access and visitation rights
• Schooling and stability
• The child’s relationship with the other parent
A verbal agreement is risky. Having a written consent is always safer.

👉 𝐖𝐡𝐞𝐧 𝐢𝐬 𝐜𝐨𝐮𝐫𝐭 𝐚𝐩𝐩𝐫𝐨𝐯𝐚𝐥 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐝?
You must seek the court’s approval if:
• The other parent refuses or withholds consent
• The move is international
• The relocation will substantially interfere with the other parent’s access
• There is an existing court order on custody or access
The court will not focus on the parents’ convenience.
It will ask one key question: 𝐈𝐬 𝐭𝐡𝐞 𝐫𝐞𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐭𝐡𝐞 𝐛𝐞𝐬𝐭 𝐢𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐡𝐢𝐥𝐝?

👉 𝐖𝐡𝐚𝐭 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐭 𝐜𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐬
• The reason for the move
• The child’s age and emotional needs
• Schooling and healthcare arrangements
• How access with the non-moving parent will be maintained

⚠️ 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭
Relocating a child without consent or court approval may amount to 𝐜𝐡𝐢𝐥𝐝 𝐚𝐛𝐝𝐮𝐜𝐭𝐢𝐨𝐧 and can seriously affect your custody case.

📌 𝐁𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞
If in doubt - 𝐩𝐚𝐮𝐬𝐞 𝐚𝐧𝐝 𝐀𝐒𝐊 𝐖𝐀𝐊𝐈𝐋𝐈 before relocating with a child. Doing it the right way protects both you and the child.

14/01/2026

𝐃𝐢𝐝 𝐲𝐨𝐮 𝐤𝐧𝐨𝐰 𝐭𝐡𝐚𝐭 𝐝𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐯𝐢𝐨𝐥𝐞𝐧𝐜𝐞 𝐜𝐚𝐧 𝐚𝐟𝐟𝐞𝐜𝐭 𝐰𝐡𝐨 𝐠𝐞𝐭𝐬 𝐜𝐮𝐬𝐭𝐨𝐝𝐲 𝐨𝐟 𝐚 𝐜𝐡𝐢𝐥𝐝?
Many people think domestic violence only means physical beating. In truth, it also includes insults, threats, controlling money, constant intimidation, and emotional abuse. And yes, the courts take all of this very seriously when deciding who should stay with a child.
When parents separate, the court asks one main question:
👉 𝐈𝐬 𝐭𝐡𝐢𝐬 𝐜𝐡𝐢𝐥𝐝 𝐬𝐚𝐟𝐞 𝐚𝐧𝐝 𝐞𝐦𝐨𝐭𝐢𝐨𝐧𝐚𝐥𝐥𝐲 𝐬𝐞𝐜𝐮𝐫𝐞 𝐰𝐢𝐭𝐡 𝐭𝐡𝐢𝐬 𝐩𝐚𝐫𝐞𝐧𝐭?

𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐭𝐡𝐢𝐧𝐠𝐬 𝐭𝐨 𝐤𝐧𝐨𝐰:
• Even if the violence was not directed at the child, the court still considers it harmful.
• A violent parent may lose custody or be allowed to see the child only under supervision.
• Courts do not reward a parent simply because they are the mother or father - safety comes first.
• Police reports, OB numbers, medical records, messages, and witnesses can all make a difference.

Custody cases are not about revenge or “winning.” They are about protecting children from growing up in fear, trauma, or instability.
If you are in an abusive situation, speak up and keep records. The law listens, and the court does act.

💬 𝘞𝘩𝘢𝘵 𝘢𝘳𝘦 𝘺𝘰𝘶𝘳 𝘵𝘩𝘰𝘶𝘨𝘩𝘵𝘴 𝘰𝘯 𝘵𝘩𝘪𝘴? 𝘚𝘩𝘰𝘶𝘭𝘥 𝘦𝘹𝘱𝘰𝘴𝘶𝘳𝘦 𝘵𝘰 𝘥𝘰𝘮𝘦𝘴𝘵𝘪𝘤 𝘷𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘢𝘶𝘵𝘰𝘮𝘢𝘵𝘪𝘤𝘢𝘭𝘭𝘺 𝘢𝘧𝘧𝘦𝘤𝘵 𝘤𝘶𝘴𝘵𝘰𝘥𝘺 𝘥𝘦𝘤𝘪𝘴𝘪𝘰𝘯𝘴?
𝐋𝐞𝐭’𝐬 𝐭𝐚𝐥𝐤. 𝐀𝐬𝐤 𝐖𝐚𝐤𝐢𝐥𝐢!

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