Our Services
Our teams have participated in high value transactions making a mark on jurisprudence in both constitutional and tax law interpretation. Clients have recommended us for being very professional and extremely knowledgeable in the areas we have advised them on and for providing personalized client service
REAL ESTATE & CONVEYANCING
Real Estate means so much more in the modern day we live in. The sector is facing unprecedented changes the most recent being digitization of land transactions.
Our lawyers have acquired commendable experience in providing strategic and practical advice to both local and international clients on acquisition and disposal of land, conveyancing, commercial & residential development, leases, licenses, project financing, structuring of complex projects and joint ventures.
At ANO, our reputation is on our ability to anticipate the future by understanding and harnessing technology
INTELLECTUAL PROPERTY (IP)
The team at A.N.O. Advocates has a team of well skilled and conversant experts that help you protect your Intellectual Property portfolio and enforce your IP rights worldwide.
We recognize the true value and worth of your IP assets, ideas and your future which allows you the peace of mind to focus on your business and brand.
Family Law
ESTATE PLANNING
Estate planning is the process of preparing during a person’s life, for the management and disposal of their assets in the event of their death or incapacitation. The planning includes the bequest of assets to heirs as well as reducing any uncertainties when it comes to the estate. This is usually done with the help of a lawyer who has the necessary experience to guide clients into making the choice that is right for them.
Estate planning involves:
- Wills,
- Trusts,
- Beneficiary designations,
- Powers of appointment,
- Property ownership,
- Gifts,
- Powers of attorney.
At A.N.O. Advocates we recognise the growing need for estate planning. Therefore, we provide clients with the necessary advice and guidance so that they may make the appropriate choices when it comes to their estate.
SUCCESSION
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.
Child Custody
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:
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.
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.
Divorce
Divorce is the legal dissolution of a marriage. Under the Marriage Act 2014, a party to a marriage can petition the court for a decree for the dissolution of the marriage on the ground of—
- One or more acts of adultery committed by the other party;
- Cruelty, whether mental or physical, inflicted by the other party on the petitioner or on the children, if any, of the marriage; or
- Desertion by either party for at least three years immediately preceding the date of presentation of the petition;
- Exceptional depravity by either party;
- The irretrievable breakdown of the marriage
Mediation
Mediation is a facilitative process where an impartial third party assists the parties in resolving their dispute. The mediator uses various techniques to help parties resolve the dispute. Instead of imposing a solution, a mediator helps parties come to a consensus of their own. However, in order for mediation to be successful it requires parties to be willing and committed to resolving the dispute. Mediation being a non-adversarial process can assist in rebuilding family relationships that had been previously strained by long and demanding court processes.
The team at ANO Advocates, have undergone the required mediation training and are available to support clients.
Parental Responsibility Agreements
A parental responsibility agreement provides parents who no longer live together, an amicable agreement that allows both of them to participate in the bringing up their children. Although the law does not define what a parental responsibility agreement is, our experience and knowledge helps us define the parameters, extent and nature of the agreement.
The agreement will identify the parents of the child as well as the name of the child/children. There is also a section that provides how the parents will share custody of the child. According to Article 53 (e) of the Constitution of Kenya every child has the right to parental care and protection which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. The agreement specifies when each parent shall see the child whether it be during school time or holidays. The agreements should also include the extent that each parent will contribute to the expenses of the child guided by section 23 of the Children Act.
We advise that once parents have reached an agreement, they should have it registered and adopted in court as an order of the court. This ensures that the agreement is not violated without consequences. If one parent violates the agreement, then they may be liable to legal proceedings.
At A.N.O. Advocates we are able to assist clients in drafting agreements that are in the best interest of the child and suitable for each parent.
Prenuptial Agreements
A prenuptial agreement is a legal agreement between a couple signed before they get married which sets forth the division of their assets in the event of divorce or death.
Parties should individually seek independent legal advice prior to the signing of a prenup. Parties are required to fully disclose their assets and those that they do not wish to include in the agreement.
Parties should also be aware that the agreement can be set aside by the courts on the grounds that it may have been unfair. Thus, parties with the help of the legal counsel need to review that agreement and make sure it does not heavily favour one party and result in inequality during or after the marriage.
It is also recommended that parties have sufficient time prior to the marriage to review the agreement and make sure that they are comfortable with it.
Separation
A party to the marriage may also petition the Court for separation of the parties based on similar grounds as the divorce petition. Parties to the marriage are granted a decree of judicial separation. It can provide spouses who are not sure if they want to divorce, time to reflect and make a decision about their marriage.
At ANO Advocates we are able to provide guidance and advice to our clients on whether divorce or separation would better suit them.
Division of matrimonial property
Once parties are divorced, the next legal issue that arises is the issue of property acquired in the life of their marriage. This leads to the need to have the matrimonial property divided amongst the two parties. At ANO we have mastered family law and the requirements during the dissolution of marriage and as such we are able to best represent our clients in the manner in which matrimonial property is divided in a fair and just approach.