Family & Private Client

Family and private client law deals with the most personal and emotionally charged legal matters that individuals face — marriage, divorce, child custody, succession, and the management of family wealth. In Kenya, this area is governed by the Marriage Act, 2014, the Matrimonial Property Act, 2013, the Children Act, 2022, the Law of Succession Act (Cap 160), and the Constitution of Kenya, 2010, which recognises the equality of spouses and the best interests of the child as paramount considerations.

This area handles the full range of matrimonial matters. Advocates act for petitioners and respondents in divorce proceedings — whether under civil, customary, Islamic, or Hindu marriage — guiding clients through the grounds for divorce, the separation period, and the resolution of ancillary issues. The work also covers the division of matrimonial property under the Matrimonial Property Act, which requires the court to consider both financial and non-financial contributions, and the aim is to secure a fair share of the assets accumulated during the marriage.

Child custody and maintenance are among the most sensitive matters they handle. Advocates act for parents in custody, access, and guardianship proceedings, always keeping the best interests of the child at the forefront — as required by the Children Act and the United Nations Convention on the Rights of the Child, which Kenya has ratified. Advocates handle applications for sole custody, joint custody, access arrangements, child maintenance, and the relocation of children within and outside Kenya. Advocates also act in cases of child abduction under the Hague Convention, where applicable.

On the private client side, they provide succession and estate planning services. Advocates draft wills that are valid under the Law of Succession Act, they establish and administer trusts (both inter vivos and testamentary), and they advise on the use of life insurance, pension nominations, and jointly-held property as estate planning tools. The work also covers the management of cross-border estates, where assets are located in multiple jurisdictions and the interplay between Kenyan succession law and foreign probate rules must be carefully navigated.

Advocates also handle the administration of estates — applying for grants of probate where the deceased left a will and letters of administration intestate where they did not. Advocates guide executors and administrators through the process of identifying and valuing estate assets, paying estate debts and taxes, and distributing the estate to beneficiaries. Where disputes arise — whether over the validity of a will, the identification of beneficiaries, or the conduct of the administrator — they represent parties in contested succession proceedings before the High Court.

Advocates approach every family matter with sensitivity and discretion. In practice, these are not just legal problems but deeply personal ones, and the aim is to resolve them in a way that preserves family relationships wherever possible — through mediation and collaborative law where appropriate — while vigorously protecting the client's rights and interests where litigation is necessary.