Title: How to Legally Change your Name in Kenya

Introduction

Changing your name is a personal choice that may arise for various reasons, such as marriage, divorce, religious conversion, or simply a desire for a fresh start. In Kenya, the process of legally changing your name is straightforward but requires following specific legal procedures. This article will guide you through the steps to legally change your name in Kenya.

Determine the Reason for the Name Change

Before embarking on the legal process, it's essential to identify and document the reason for your name change. Common reasons include marriage, divorce, personal preference, or religious conversion. Understanding the motive behind the change will help you navigate the process more smoothly.

1. Obtain a Deed Poll

A Deed Poll is a formal legal document that records your name change and is recognized by government authorities and institutions. To obtain a Deed Poll:

1. Draft a Deed Poll document, which includes your old and new names, the reason for the change, and a statement that you renounce your former name.
2. Sign the Deed Poll in the presence of a witness, preferably a lawyer, notary public, or commissioner for oaths.
3. Have the witness sign and stamp the Deed Poll.
4. Keep multiple copies of the Deed Poll for future use.

2. Obtain an Affidavit

An affidavit is a legal document in which you make a sworn statement about your name change. To get an affidavit:

1. Visit a lawyer, a notary public, or a court registrar's office.
2. Explain your reasons for the name change and provide any supporting documents.
3. Swear an oath in front of a commissioner for oaths or a magistrate.
4. Pay the required fee for the affidavit.

The affidavit should contain your current and desired names, the reason for the change, and your personal details.

Publish a Notice of Name Change

After obtaining the affidavit, you must publish a notice of your name change in the Kenya Gazette, a government publication. This notice serves as a public record of your name change and allows anyone with objections to come forward.

To publish a notice:

1. Visit the Kenya Gazette office or its website (www.kenyagazette.co.ke).
2. Follow their guidelines for submitting a notice of name change.
3. Pay the necessary publication fee.

The notice should include your old and new names, the reason for the change, and your contact information.

Update Your Official Documents

Once you have the Deed Poll, it's time to update your official documents to reflect your new name. Start by updating your:

1. National Identity Card (ID)
2. Passport
3. Driver's License
4. Bank accounts
5. Social media profiles
6. Any other relevant documents or accounts

Visit the respective government offices or institutions to initiate the name change process. You'll typically need to submit the Deed Poll, your old documents, and the published notice as evidence.

Notify Relevant Parties

Inform your family, friends, employers, and other contacts about your name change. You may also want to consider updating your name on official records, such as school certificates, academic transcripts, and professional licenses.

Conclusion

Legally changing your name in Kenya is a straightforward process that involves obtaining an affidavit, publishing a notice in the Kenya Gazette, creating a Deed Poll, and updating your official documents. Ensure that you follow the correct legal procedures and guidelines to avoid any complications during the name change process. Remember that transparency and clear communication with relevant parties are essential for a smooth transition to your new name.

Disclaimer!

The provision of general advice in this document does not create an advocate-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.

𝐅𝐢𝐯𝐞 𝐑𝐞𝐚𝐬𝐨𝐧𝐬 𝐖𝐡𝐲 𝐘𝐨𝐮 𝐒𝐡𝐨𝐮𝐥𝐝 𝐇𝐚𝐯𝐞 𝐚 𝐋𝐚𝐰 𝐅𝐢𝐫𝐦 𝐟𝐨𝐫 𝐘𝐨𝐮𝐫 𝐍𝐞𝐰 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬

Starting a new business is tough. It takes a lot of determination and hard work to succeed. Some people think that being a business owner means you can make all the decisions on your own. But the truth is, big decisions come with big responsibilities. As a business owner, you're responsible for everything that happens in your company, whether it's good or bad. That's why having a lawyer for your new business is a smart move.

Here are five reasons why you need a law firm for your new business:

𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬
Businesses involve buying and selling goods and services. In 2023, you can't just tell your supplier that you want 7,000 units of goods. You need a written agreement that lays out all the terms and conditions. This contract will cover things like what happens if the goods get damaged during delivery, when and how payments will be made, and when the goods will be delivered. Creating and reviewing these contracts can be complicated because they involve legal language. Lawyers know this language well and can make sure your contracts are fair and legal.

𝐀𝐬𝐬𝐢𝐬𝐭𝐬 𝐰𝐢𝐭𝐡 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐈𝐬𝐬𝐮𝐞𝐬
Everything might be running smoothly until your employees decide to strike or take legal action against your business. These situations can be tough to handle without legal expertise. If you have a lawyer, they can guide your employees on the legal actions they can take if they decide to strike. If an employee files a lawsuit against your business, your lawyer will handle the legal aspects, allowing you to focus on running your business without unnecessary stress.

𝐄𝐧𝐬𝐮𝐫𝐞𝐬 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞
Starting a business might seem like a great idea, but setting up a company legally isn't easy. There are laws and regulations to follow, like the Company's Act of 2015. These laws govern how businesses should operate. You might deal with international trade, handle goods from other countries, or deal with taxes. Each of these areas has specific rules you need to follow. It can be overwhelming to navigate these laws on your own. Lawyers can handle all the legal paperwork and make sure your business complies with all the rules.

𝐌𝐢𝐭𝐢𝐠𝐚𝐭𝐞𝐬 𝐃𝐚𝐦𝐚𝐠𝐞
Sometimes, businesses get into legal trouble without even realizing it. For example, you might accidentally use another company's slogan or trademark. If that happens, the other company could sue you. But with a business lawyer, you can work things out and minimize the damage. They'll follow the right legal steps to protect your business.

𝐄𝐧𝐯𝐢𝐫𝐨𝐧𝐦𝐞𝐧𝐭𝐚𝐥 𝐈𝐬𝐬𝐮𝐞𝐬
With increasing awareness of environmental responsibility, there are strict rules that businesses must follow. You can't just dump waste into rivers or test products on animals. These regulations can be complex, and many businesses are unaware of them. A good business lawyer not only helps you understand these environmental laws but also keeps you out of legal trouble.

In conclusion, even though it's easier to start a business today, understanding all the legal requirements and rules can still be a challenge. A business lawyer is an expert in the law and stays updated on the latest regulations and rules to protect your business.

Disclaimer!

The provision of general advice in this document does not create an attorney-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.

Is my spouse entitled to a 50% share of my assets or half of my house in the event of divorce?

Not necessarily. According to Kenyan Law, individually owned assets remain the property of the sole owner, unless commingling occurs that could grant your spouse a stake in your separate property. As a result, your spouse might gain a stake in previously separate assets, but this doesn't automatically guarantee a 50% entitlement. Instead, your spouse's entitlement would be proportional to their contribution toward its enhancement, which may or may not equate to 50% of its value. On another note, if your house becomes the matrimonial home during the marriage, the rules stipulated in the Matrimonial Property Act would apply.

What happens to property owned prior to marriage?

Individually owned property retains its status unless your spouse contributes to its improvement, potentially leading to their acquisition of interest in said property. Couples can establish a prenuptial agreement to distinguish between separately owned and matrimonial property. Therefore, during matrimonial property proceedings, the burden often falls on you, as the owner of what you consider your separate property, to demonstrate that no enhancements or commingling have transpired to grant your spouse a share in that separate property.

Do assets I acquire in my name during the marriage become matrimonial property?

The Matrimonial Property Act upholds the legal principle of property separation acquired before or after marriage, contingent upon regulations regarding commingling or enhancements by your spouse. In essence, if you maintain a clear distinction between individually owned and jointly owned property, you retain a full 100% interest in those assets.

Can business assets be classified as matrimonial property?

Yes, there exists the possibility for your spouse to gain a stake in your business, entitling them to a portion.

What qualifies as matrimonial assets versus non-matrimonial assets?

Matrimonial assets encompass the family home and its contents, along with assets acquired jointly during the marriage. Conversely, non-matrimonial assets encompass those separately acquired by both you and your spouse before or during the marriage. Notably, your spouse may also acquire a beneficial interest in separately owned property based on contributions, such as enhancements or commingling.

What factors do Kenyan Courts consider when dividing assets in divorce cases?

Courts evaluate numerous factors, including:

1. Financial contributions to asset acquisition or improvement.
2. Non-financial contributions to asset acquisition or improvement.
3. Well-being of minor children (e.g., impact of asset division on their housing rights).
4. Customary Law pertinent to customary marriages.
5. Livelihood of both spouses.

Is my spouse entitled to half of our matrimonial property during divorce proceedings?

Not necessarily. Legal precedents exist where courts have interpreted equal rights under marriage as referenced in Article 45 of the Kenyan Constitution, not as equal division of marital assets, but as equal treatment of both genders under the law regarding marriage-related matters (e.g., women retaining property rights post-marriage). Consequently, Kenyan law dictates that your spouse is entitled to a proportionate share based on their contribution to asset acquisition (which may or may not amount to half of the property).

Do I have to sell my house to provide my spouse with a share of our matrimonial home?

Parties can opt to sell each other their respective shares in the matrimonial home, allowing the remaining spouse to retain sole ownership. Alternatively, in cases where minor children reside in the home, the court may mandate an arrangement that safeguards the children from homelessness. In such scenarios, the court factors in primary custody.

Can I lose my marital home if I didn't financially contribute to its purchase?

Not necessarily. The court is obligated to consider both financial and non-financial contributions toward obtaining the family home. For instance, spouses who stay at home or contribute in non-monetary ways, despite not appearing on the title documents, can use their non-financial input to assert their claim to matrimonial property. The court requires a clear demonstration of the non-financial contribution forming the basis of the claim in any matrimonial property case.

I purchased our marital home using my personal funds entirely. Is my spouse still entitled to a share?

Depending on the specifics of each case, your spouse could gain an interest in the home and potentially be entitled to a portion of the matrimonial home, as defined by law, provided they have made any form of contribution to its acquisition, whether financial or non-financial.

Can my spouse evict me from our marital home without a court order?

No. Matrimonial law prohibits your spouse from evicting you without obtaining a court order. Consequently, you have the right to reside in your matrimonial home.

Disclaimer!

The provision of general advice in this document does not create an attorney-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.

Matrimonial property law in Kenya refers to the legal framework that governs the ownership, management, and distribution of property acquired during marriage. It primarily aims to ensure fairness and protection for both spouses in case of divorce, separation, or death. In Kenya, the law that governs matrimonial property is the Matrimonial Property Act of 2013. Here are some key points to note:

1. Types of Matrimonial Property:
   • The Matrimonial Property Act recognizes two types of property in a marriage: matrimonial property and separate property.
   • Matrimonial property includes all assets acquired by either spouse during the marriage, regardless of whether they are in joint or individual names.
   • Separate property refers to assets owned by each spouse before marriage or acquired by gift or inheritance during the marriage.
2. Ownership and Management:
   • Matrimonial property is considered to be owned jointly by both spouses, regardless of the actual name on the property document.
   • Both spouses have equal rights to manage and control matrimonial property, and decisions must be made jointly.
3. Equal Sharing:
   • The Matrimonial Property Act promotes the principle of equal sharing of matrimonial property upon divorce or separation.
   • In the event of divorce or separation, the court has the authority to divide the matrimonial property in a just and equitable manner, taking into account factors such as contributions, needs, and other circumstances.
4. Contributions:
   • Contributions to the acquisition, improvement, or maintenance of matrimonial property can be financial, non-financial, or indirect. These contributions are taken into consideration during property division.
   • Contributions can include monetary contributions, homemaking, childcare, and career sacrifices.
5. Prenuptial and Postnuptial Agreements:
   • The Matrimonial Property Act recognizes prenuptial and postnuptial agreements that outline how matrimonial property will be divided in case of divorce or separation.
   • However, the court has the discretion to set aside such agreements if they are deemed unfair or unconscionable.
6. Protection of Rights:
   • The law seeks to protect the weaker spouse from being disadvantaged during property division.
   • The court has the power to order maintenance and support payments to ensure the financial security of the disadvantaged spouse, especially if they have custody of children.
7. Survivorship Rights:
   • In the case of a spouse's death, the surviving spouse is entitled to a share of the matrimonial property, even if the deceased spouse's will states otherwise.
8. Cultural and Religious Considerations:
   • The Matrimonial Property Act acknowledges the diversity of Kenyan cultures and recognizes that customs and traditions may influence property ownership and distribution.
   • However, the Act ensures that these customs do not discriminate against any spouse's rights.
9. Registration and Documentation:
   • It's advisable for spouses to properly document and register their matrimonial property to avoid disputes and ensure legal recognition of ownership.

Disclaimer!

The provision of general advice in this document does not create an attorney-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at wjmaxwell.co.ke if they need legal advice on any specific legal issue.

Introduction to Franchising

A franchise is a form of licensing arrangement where a franchisee gains access to a franchisor's exclusive business knowledge, processes, and trademarks. This allows the franchisee to operate a business under the franchisor's name and sell their products or services. In return for obtaining the franchise, the franchisee typically pays an initial startup fee and ongoing licensing fees to the franchisor. Essentially, a franchise is a business partnership in which the owner (franchisor) permits others (franchisees) to operate using its established brand, products, and expertise in exchange for a fee.

The franchisor provides the franchisee with the necessary support, training, and access to established business practices to ensure the success of the franchise.

Franchise Vs Startup

Franchise and startup are two different paths for aspiring entrepreneurs. When you decide to start your own business, you're taking a risk, but it also offers potential rewards both financially and personally. However, venturing into the unknown raises questions like whether your product will sell, if customers will like what you offer, and if your business will generate enough income to survive.

Starting your own business comes with a high failure rate. Statistics show that two-thirds of new businesses survive only two years, and only 50% make it to the five-year mark. To succeed, you have to rely solely on yourself and your efforts.

Achieving your dream of owning a business requires hard work and dedication, especially if you lack experience and support. If this seems overwhelming, another option to consider is the franchise route.

Franchises attract entrepreneurs because they see success stories from other franchisees. They offer a proven and stable business model that has been tested in the market. For instance, if you become a Best Lady franchisee – let’s say Best Lady Cosmetics decided to franchise, most decisions about products, store layout, and employee uniforms have already been made for you. Some franchisors provide training, financial planning, and a list of approved suppliers. However, success is not guaranteed even with these advantages.

Pros and Cons of Franchising

Advantages of franchises include following a ready-made business formula, having market-tested products and services, and benefiting from established brand recognition. On the other hand, franchises have downsides like high startup and ongoing royalty costs. Franchisees must pay a percentage of their sales or revenue to the franchisor, which can range between 4.6% and 12.5% depending on the industry.

There's also the risk of being misled by inaccurate information and paying high fees for a franchise with little or no value. Franchisees may lack control over their territory or the creative aspects of their business. Additionally, securing financing from the franchisor or elsewhere can be challenging, and poor location or management can adversely affect the business.

The franchisor makes money through three main categories of payment in the franchise agreement. First, the franchisee pays an upfront fee to obtain the rights and trademark. Second, the franchisor may receive payments for providing training, equipment, or business advisory services. Finally, the franchisor earns ongoing royalties or a percentage of the business's sales.

Conclusion

In conclusion, franchises offer an established and recognized path to entrepreneurship, reducing some of the groundwork for aspiring business owners. However, it's essential to recognize that success is not guaranteed, and franchises require significant effort and hard work to become profitable.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us on info@wjmaxwelll.co.ke or call/WhatsApp on 0733 610 961*]

Introduction

The Small Claims Court in Kenya was established with the primary goal of offering a streamlined and efficient platform for resolving minor civil disputes involving small monetary claims. While the court is accessible to both individuals and businesses alike, it is evident that the system is better equipped to assist businesses and companies than individuals. This article explores the reasons behind this assertion, shedding light on the challenges individuals face in executing judgments compared to their business counterparts.

1. Expedited Resolution for Businesses

The Small Claims Court in Kenya aims to provide a swift resolution to disputes, which is especially advantageous for businesses. In the corporate world, time is of the essence, and protracted legal battles can severely impede operations and financial stability. With this court's accelerated procedures, businesses can resolve disputes efficiently and focus on their core activities.

On the other hand, individuals may not always face the same urgency to resolve minor disputes, leading to potential delays in seeking justice through the Small Claims Court. This discrepancy in urgency highlights the court's inherent bias towards businesses.

2. Financial Resources

Businesses typically have better financial resources and access to legal representation, enabling them to navigate the legal process more effectively. They can afford to hire competent lawyers to present their case and collect evidence promptly. Law firms such as W.J. Maxwell & Associates Advocates provide general counsel services for small and medium-sized businesses such as defending the business's interests, recovering funds and properties for them, buying properties, drafting contracts with customers, suppliers, and creditors, and other legal tussles.

Additionally, businesses often maintain better records and documentation, which can bolster their claims in court.

In contrast, individuals may not have the financial means to engage legal counsel, potentially putting them at a disadvantage during the legal proceedings. Moreover, they might lack the resources to gather sufficient evidence to support their claims effectively.

3. Execution of Judgments

One of the most critical aspects of any court system is the enforcement of judgments. This is where the Small Claims Court's favoritism towards businesses becomes evident. Once a judgment is made against a business, the chances of successfully executing the judgment are significantly higher compared to the execution against an individual.

Businesses generally have assets, financial stability, a permanent physical address and a reputation to protect. As a result, they are more likely to comply with court orders promptly. In contrast, individuals may lack tangible assets or sufficient income to satisfy the judgment. As such, enforcing a judgment against an individual can be a cumbersome and time-consuming process.

4. Business Growth and Development

The ease of utilizing the Small Claims Court can promote business growth and development. By providing a reliable mechanism to resolve disputes, businesses can operate with greater confidence, knowing that they have a legal recourse if disagreements arise. This sense of security can incentivize entrepreneurs and investors to start and expand businesses in Kenya, fostering economic growth.

Conclusion

Small and medium enterprises (SMEs) often face challenges when it comes to securing timely payments from customers, vendors, creditors and suppliers. This predicament can severely affect their financial stability, hindering growth and sustainability. Nearly half of the businesses in Kenya do not see their first birthday. To address these issues and provide a swift resolution, the Government established the Small Claims Court to serve as a formidable instrument for SMEs, ensuring they receive payments promptly, customers and suppliers deliver on time, and invoices are honoured without unnecessary delays. The court's streamlined processes, preference for expedited resolutions, and the relative ease of executing judgments make it a more effective tool for businesses.

[*This article generally explains the law in force in Kenya and does not constitute an opinion or a legal opinion. To find out the rules specific to your situation, write to us at info@wjmaxwell.co.ke or Call/WhatsApp on 0733 610 961]