Introduction Proprietary rights are so important that the Constitution recognizes them as a fundamental human right and directs the state to defend them. To that goal, the state has designated the Ministry of Lands as the custodian of land records. A purchaser wishing to purchase land is expected to adhere to the principles of caveat…

Child custody is primarily involved in child relocation. The Children Act 2022 outlines child custody as both legal and actual custody. Legal custody is the conferral of parental rights and responsibilities to a person who has lawful custody over a child for a defined period of time pursuant to an order of a Court of…

In recent times, there has been a significant shift in perspective towards mental health, which has been stigmatized in the past. Mental health issues have gained widespread recognition internationally, with various factors, including work-related stress, contributing to the development or exacerbation of the said issues.   What occurs when an employee faces challenges in performing…

INTRODUCTION The Children Act No. 29 of 2022 (hence referred to as the “Act” or “the New Act”) repealed the Old Children Act of 2001 (hereinafter referred to as the “repealed Act”). The new law is progressive in that it reflects and protects children in today’s reality. The objectives of the Act are to give…

PROCEDURAL BACKGROUND The Trial Courts were: the Family Court in United Kingdom High Court of Justice Family Division and the High Court of Kenya: Constitutional and Human Rights Division. 1st Appeal to the Court of Appeal, which dismissed the appellant’s case for child custody and access. The Supreme Court. SUBSTANTIVE BACKGROUND Mutheu Agatha Khimulu (Appellant)…