Lelyn investment Limited

22/02/2026

Understanding Defilement Law in Kenya.

Lessons from George Opondo Oluga (2016) & Omwoha (2023)

WHY THE PUBLIC SHOULD KNOW THIS
Many people believe defilement cases are decided based on emotion or public anger.
The courts have clarified that conviction depends strictly on legal proof of specific ingredients.

THE THREE LEGAL INGREDIENTS OF DEFILEMENT
For a conviction to stand, the prosecution MUST prove:
Age of the Complainant
Proof that the victim is below 18 years.
Pe*******on
Even the slightest pe*******on is sufficient in law.
Identification of the Offender
Clear and reliable proof linking the accused to the act.
If one ingredient fails — the case fails.

CASE 1: GEORGE OPONDO OLUGA (2016)
What the Court Decided
This case established the guiding checklist used by courts today:
Age must be proved through documents or credible testimony.
Pe*******on may be proved medically or by truthful victim evidence.
Identity must be free from doubt.
The court stressed that suspicion alone cannot secure conviction.

CASE 2: OMWOHA (2023)
What the Court Clarified
The accused argued that:
No DNA test was produced.
Evidence had minor inconsistencies.
The court upheld conviction because all three ingredients were proved.
Key ruling:
DNA evidence is helpful but NOT mandatory.

LEGAL PROVISIONS INVOLVED
Section 8 – Sexual Offences Act (Defilement offence)
Section 2 – Sexual Offences Act (Definition of pe*******on)
Section 124 – Evidence Act (Court may rely on victim testimony if believed truthful)

REAL LIFE EXAMPLES
A child identifying a known neighbour or teacher can be enough if the court believes the testimony.
Pregnancy or DNA is not required to prove defilement.
Saying “there were no witnesses” is not a defence because such offences occur in private.

KEY PUBLIC TAKEAWAY
Kenyan courts do not convict based on sympathy.
No Proof of Age = No Case
No Pe*******on = No Offence
No Identification = No Conviction.

Ignorance of law is no defence — Ignorantia juris non excusat.

Prepared by:
Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

21/02/2026

CAN A COMMERCIAL S*X WORKER SUE FOR NON-PAYMENT IN KENYA?

1. CONTRACT LAW POSITION
For a contract to be enforceable it must have a lawful object.
Kenyan contract law does NOT enforce agreements founded on illegality or immorality.
A s*x-for-payment agreement is treated as an illegal contract.
Therefore, a claim for payment amounts to asking the court to enforce an unlawful bargain — which courts refuse to do.

2. LEGAL POSITION IN
Prostitution-related activities such as solicitation and living on earnings of prostitution are criminalized under the Penal Code.
Result:
• No debt recovery
• No damages for breach
• No enforceable contract rights
Simply put: the law leaves both parties where it finds them.

3. IMPORTANT LEGAL CLARIFICATION
Illegality of the agreement does NOT remove protection of the person.
A s*x worker can still report:
• Assault
• Theft
• Violence
The court rejects the contract — not the victim.

4. MORAL & PUBLIC POLICY VIEW
Courts avoid enforcing such agreements because the law should not legitimize immoral transactions or supervise vice commerce.

5. SIMPLE (AND COMICAL) SUMMARY
You cannot legally argue:
“He refused to pay after services rendered.”
In law — illegal deals come with no receipts and no refunds.

Prepared by:
Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

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21/02/2026

CRIMINAL AND CIVIL OFFENCES ARISING FROM SPYING ON A SPOUSE’S PHONE IN KENYA

1. Constitutional Position – Right to Privacy
Article 31 of the Constitution of Kenya protects every person’s privacy, including private communication and personal data. Marriage does NOT remove an individual’s right to privacy.
2. Criminal Offences
(a) Unauthorised Access
Section 14 of the Computer Misuse and Cybercrimes Act, 2018 criminalizes accessing another person’s phone, emails, WhatsApp, or accounts without consent.
Penalty: Fine up to Kshs 5 Million or imprisonment up to 2 years, or both.
(b) Unlawful Interception of Communication
Section 31 prohibits secretly monitoring or intercepting electronic communication.
Examples: Installing spy apps, tracking messages, or recording calls secretly.
(c) Identity Theft / Cyber Harassment
Using a spouse’s phone to impersonate them, threaten, or embarrass them may attract further criminal liability.
3. Civil Liability
(a) Invasion of Privacy
A spouse may sue for violation of constitutional privacy rights and claim damages and injunctions.
(b) Breach of Confidence
Sharing private messages, photos, or personal information obtained secretly exposes one to civil suits.
(c) Defamation & Emotional Distress
Publishing or circulating private information to damage reputation may lead to additional claims.
4. Important Legal Principle
Marriage is NOT automatic consent to access a spouse’s phone. Consent and lawful authority are mandatory.
5. Practical Effect
Illegally obtained phone evidence may also be challenged in court and may expose the spying spouse to criminal prosecution.

Prepared by:
Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

Gmail is email that’s intuitive, efficient, and useful. 15 GB of storage, less spam, and mobile access.

20/02/2026

GARNISHEE ORDER (KENYA)
DEFINITION
A Garnishee Order is a court order allowing a judgment creditor to recover money directly from a third party holding funds belonging to a judgment debtor, usually a bank.
Simply put: The court bypasses the debtor and takes the money where it is kept.
LEGAL BASIS
• Order 23 Civil Procedure Rules, 2010
• Section 38 Civil Procedure Act
• Article 40 of the Constitution (property rights safeguard)
HOW IT WORKS
Creditor obtains judgment.
Debtor fails to pay.
Court issues Garnishee Order Nisi (freezes funds).
Garnishee (bank/employer/tenant) appears in court.
Court issues Order Absolute and money is paid directly to the creditor.
PARTIES INVOLVED
• Judgment Creditor – person owed money
• Judgment Debtor – person liable to pay
• Garnishee – third party holding debtor’s money
KEY CASE PRINCIPLES
• Choice Investments Ltd v Jeromnimon — garnishee attaches debts, not property.
• KICC v Greenstar Systems Ltd (2018) — proceedings mainly lie between creditor and garnishee.
PRACTICAL EXAMPLES
• Freezing a debtor’s bank account
• Redirecting tenant rent to creditor
• Salary deductions through employer
IMPORTANT LIMITATION
Government funds are generally protected under Section 21 of the Government Proceedings Act.
WHY LAWYERS USE IT
• Fast ex*****on method
• Prevents debtors from hiding money
• Ensures creditor enjoys fruits of judgment
PRACTICE TIP
Timing is critical. Once served, funds are immediately frozen.
— Prepared by: Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

Gmail is email that’s intuitive, efficient, and useful. 15 GB of storage, less spam, and mobile access.

18/02/2026

2026 LSK PRESIDENTIAL RACE — WHO HAS THE EDGE?

The Law Society of Kenya (LSK) election on 19 February 2026 is shaping into a contest about the future direction of the legal profession.

Three candidates, three styles: • Peter Wanyama — reform-oriented and assertive
• Paul Kanjama, SC — calm, institutional and stable leadership
• Mwaura Kabata — continuity and internal experience
What will decide the winner? ✔ Voter turnout
✔ Mood of lawyers (activism vs stability)
✔ Youth participation
✔ Vote splitting among similar support bases
The BIG factor: Digital Voting If digital voting is allowed, turnout will likely increase — especially among young and busy advocates — reducing traditional network advantages and making the race far more competitive.
Projection:
Moderate turnout favors Paul Kanjama, SC.
High turnout or digital voting could significantly boost Peter Wanyama’s chances.
Bottom Line:
This election will be decided less by ethnicity or politics, and more by participation and mobilization.

Prepared by:
Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

13/02/2026

REMOVAL OF BIOLOGICAL FATHER’S NAME FROM BIRTH CERTIFICATE – KENYAN LAW

Yes. Under Kenyan law, the name of a father entered in a Birth Certificate can be removed — but strictly through a Court Order.

LEGAL FRAMEWORK
Article 53(1)(a), Constitution of Kenya 2010 – Every child has the right to parental care and protection.
Article 35(2), Constitution – Right to correction or deletion of untrue or misleading information.
Births and Deaths Registration Act (Cap 149) – Registrar keeps official birth records but cannot alter substantive particulars without lawful authority.
Children Act, 2022 – Best Interests of the Child principle applies in all matters concerning a child.

LEGAL POSITION
• The Registrar of Births cannot administratively remove a father’s name once registered.
• Removal requires a High Court Order (Family Division).
• Courts grant such orders where paternity is disproved (usually by DNA evidence).
• The Court must be satisfied that removal serves the best interests of the child.

GROUNDS FOR REMOVAL
DNA results proving non-paternity.
Fraud or misrepresentation at registration.
Mistaken entry of father’s details.
Constitutional petition for correction of misleading information.

PROCEDURE – STEP BY STEP
Conduct DNA Test (preferably Government Chemist or court-approved lab).

Timeline: 2–4 weeks.
File Application in High Court (Family Division):
• Originating Summons or Constitutional Petition
• Supporting Affidavit
• Attach DNA report and Birth Certificate
Timeline to file: Immediate upon obtaining report.
Serve Registrar of Births & interested parties.

Timeline: 7–14 days.
Court Hearing & Determination.
If uncontested: 2–4 months.
If contested: 6–12 months depending on complexity.
Court Order Issued directing Registrar to delete the name and issue a fresh Birth Certificate.
Implementation by Registrar: 2–6 weeks.

IMPORTANT NOTES
• Court will prioritize the child’s best interests.
• If the father has exercised parental responsibility, additional legal consequences may arise.
• Removal does not automatically extinguish prior maintenance liabilities unless separately determined.

CONCLUSION
Removal is legally possible but judicially controlled. Strong scientific evidence (DNA) is key. The process typically takes between 3–6 months if uncontested.

Prepared by:
Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

12/02/2026

DECLARATION OF SECTION 95(1)(b) OF THE PENAL CODE AS UNCONSTITUTIONAL

1. THE IMPUGNED PROVISION
Section 95(1)(b) of the Penal Code criminalized publication of false statements “likely to cause fear and alarm to the public or disturb public peace.”

The High Court declared the provision unconstitutional, null and void for violating constitutional safeguards.

2. CONSTITUTIONAL BASIS OF THE DECISION
a) Article 33 – Freedom of Expression
The Constitution guarantees freedom to seek, receive and impart information.
Any limitation must comply with Article 24 — it must be reasonable, justifiable and proportionate.

b) Article 2(4) – Supremacy of the Constitution
Any law inconsistent with the Constitution is void to the extent of the inconsistency.

c) Article 50(2)(a) – Presumption of Innocence
The vague wording effectively shifted the burden to the accused to justify their speech.

d) Article 27 – Equality and Freedom from Discrimination
The provision granted excessive discretion to police, enabling arbitrary arrests.

3. KEY LEGAL GROUNDS FOR UNCONSTITUTIONALITY
i) Vagueness and Overbreadth
The phrase “likely to cause fear and alarm” was undefined and subjective.
Criminal law must be precise and certain. A citizen must know exactly what conduct is criminal.

ii) Chilling Effect on Free Speech
The section punished speech even without proof of actual harm.
This created fear among journalists, bloggers, activists, and ordinary citizens.

iii) Disproportionate Limitation
Under Article 24, criminal sanctions must be necessary and proportionate.

The Court found that criminalizing “false information” without clear harm was excessive.

iv) Colonial Legacy and Abuse
The provision mirrored colonial-era sedition laws historically used to silence dissent.

4. LEGAL CONSEQUENCES OF THE JUDGMENT
The Section Is Null and Void
By virtue of Article 2(4), Section 95(1)(b) has no legal effect.

Ongoing Prosecutions Collapse

All pending charges under that provision cannot lawfully proceed.

Past Convictions Open to Challenge

Affected persons may seek review, appeal, or constitutional redress.

Limitation of Police Powers
Law enforcement can no longer arrest individuals under that section.

Strengthening of Constitutional Jurisprudence

The decision reinforces the doctrine of constitutional supremacy and judicial protection of civil liberties.

5. JURISPRUDENTIAL SIGNIFICANCE
The ruling aligns with earlier decisions such as:

Geoffrey Andare v Attorney General (Section 29 KICA declared unconstitutional)
Various constitutional petitions challenging sedition and vague speech offences.

The courts are consistently striking down vague and overbroad criminal provisions.

6. PRACTICAL IMPACT
Social media users cannot be charged merely for “false statements” unless the conduct falls within a valid and constitutionally compliant offence (e.g., incitement, hate speech under specific statutes).

The State must enact narrowly tailored legislation if regulating misinformation.

The ruling strengthens democratic space and public discourse.

CONCLUSION
The declaration of Section 95(1)(b) unconstitutional:
Affirms constitutional supremacy.

Protects freedom of expression

Limits arbitrary arrest and prosecution

Promotes rule of law and democratic governance

It is a landmark affirmation that criminal law must be clear, precise, and proportionate in a constitutional democracy.

Prepared by:
Leonard Kimai Kibos (LKK), Lawyer & Certified Professional Mediator, Bridge Point Dispute Resolution Center, Mobile: +254 725 572 602, Email: [email protected]

11/02/2026

DMM v MW
Family Appeal E103 of 2024
High Court (Family Division), Nairobi
Judgment delivered 16 September 2025

LEGAL ANALYSIS
BRIEF FACTS
The trial court dissolved the marriage. Although maintenance (alimony) had not been pleaded by either party, the magistrate ordered the husband to pay Kshs 50,000 per month to the wife, citing Section 77 of the Marriage Act and the oxygen principle.

The husband appealed against the maintenance order.

The High Court allowed the appeal and set aside the maintenance award.

CORE LEGAL ISSUES
A. Whether a court can grant maintenance that was not pleaded

B. Whether maintenance can be awarded without proof of need and means

C. Proper application of Section 77 of the Marriage Act

LEGAL ANALYSIS

A. PARTIES ARE BOUND BY THEIR PLEADINGS

The High Court reaffirmed the settled principle that:
A court cannot grant a relief that has not been pleaded.

Legal Basis:
Order 2 Rule 6, Civil Procedure Rules

Independent Electoral and Boundaries Commission v Stephen Mutinda Mule & 3 Others [2014] eKLR

Raila Odinga & 5 Others v IEBC & 3 Others [2013] eKLR

Courts determine disputes based on pleaded issues.

Granting unpleaded relief violates the right to fair hearing under Article 50(1) of the Constitution.

In this case, maintenance was never sought in the pleadings. The trial court therefore exceeded its mandate.

B. MAINTENANCE UNDER SECTION 77 OF THE MARRIAGE ACT

Section 77(1), Marriage Act 2014 provides that:

A court may order a spouse to pay maintenance to the other spouse upon divorce.

However, this power is discretionary and not automatic.

Key Requirements:
There must be a prayer for maintenance

There must be proof of financial need

There must be proof of ability to pay

The High Court emphasized that maintenance must be supported by evidence such as:
Affidavits of Means

Income details

Financial obligations

Standard of living during marriage

In DMM v MW, the trial court declared the wife “destitute” despite evidence that she r

11/02/2026

PROF. CESARE LOMBROSO – SCIENTIFIC IDENTIFICATION OF CRIMINALS

WHO WAS LOMBROSO?
Cesare Lombroso (1835–1909) was an Italian criminologist known as the “Father of Criminology.” He introduced the theory of the “Born Criminal.”

CORE THEORY – ATAVISM
Lombroso argued that criminals are biologically different from law-abiding people.

He claimed criminals could be identified by physical (anatomical) features showing “primitive” or evolutionary backward traits.

KEY PHYSICAL FEATURES HE ASSOCIATED WITH CRIMINALS
According to Lombroso, some signs of a “born criminal” included:
• Large jaws and cheekbones
• Sloping forehead
• Long arms
• Asymmetrical face
• Unusually large or small ears
• Excessive tattoos
• Thick lips
• Deep-set eyes

Example:
He argued that a violent offender might have a protruding jaw, heavy brow ridges, and a hard facial expression, suggesting primitive instincts.

CLASSIFICATION OF CRIMINALS
Lombroso divided criminals into categories:
Born Criminals – biologically predisposed to crime.
Insane Criminals – mentally ill offenders.
Occasional Criminals – commit crime due to environment.
Criminals of Passion – act out of emotion (e.g., jealousy).

LEGAL AND MODERN POSITION
Modern criminal law does NOT accept physical appearance as proof of criminality.
Criminal liability in Kenya is based on:
• Actus Reus (guilty act)
• Mens Rea (guilty mind)
Penal Code (Cap 63)
Article 50(2)(a) Constitution of Kenya – Presumption of Innocence.

CRITICAL ANALYSIS
Lombroso’s theory is largely discredited because:
• It promotes discrimination and profiling
• It ignores social and economic factors
• It lacks reliable scientific evidence
• Physical traits do not prove criminal intent

CONCLUSION

Crime is proved by evidence, not by facial features.

Suspicion should not replace evidence.

Prepared by: Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254 725 572 602
Email: [email protected]

10/02/2026

DOES TRUST PROPERTY FORM PART OF MATRIMONIAL PROPERTY IN KENYA?

SHORT ANSWER:

NO — subject to exceptions.
LEGAL POSITION IN KENYA

General Rule
Property held under a genuine trust does NOT form part of matrimonial property because it is not owned by the spouses.

APPLICABLE LAW & LEGAL PROVISIONS
Article 45(3), Constitution of Kenya, 2010
Provides for equality of spouses during and at dissolution of marriage, but only over property owned by them.

Section 6(1), Matrimonial Property Act, 2013
Defines matrimonial property as:

Matrimonial home(s)
Household goods
Any other immovable or movable property jointly owned or acquired during marriage.

Trust Law Principle
A trustee holds legal title for the benefit of beneficiaries, not for personal ownership.

WHEN TRUST PROPERTY IS NOT MATRIMONIAL PROPERTY
Property is held strictly as a trustee
Spouse is not a beneficiary
Trust is lawfully and genuinely created
Trust was not intended to defeat spousal rights
Such property is excluded from matrimonial property.

WHEN TRUST PROPERTY MAY BE TREATED AS MATRIMONIAL PROPERTY
Courts may intervene where:
The trust is a sham or façade
Trust was created to hide or shield matrimonial assets
A spouse has beneficial interest in the trust
Matrimonial funds were used to acquire or improve trust property
A spouse has control, possession, or enjoyment of the property.

KEY CASE LAW

Echaria v Echaria [2007] eKLR
Matrimonial property is determined by beneficial interest and contribution, not merely title.

PWK v JKG [2015] eKLR
Courts may look beyond legal ownership to determine true beneficial ownership.

NK v JKM [2017] eKLR
Trusts created to defeat spousal claims will not be protected.

BOTTOM LINE
Genuine trust → Not matrimonial property
Sham trust / beneficial interest / contribution proved → Can be declared matrimonial property.

Leonard Kimai Kibos (LKK)
Lawyer & Certified Professional Mediator
📞 +254 725 572 602
📧 [email protected]
🏛️ Bridge Point Dispute Resolution Center

06/02/2026

DUE DILIGENCE IN PROPERTY PURCHASE – KENYA

Meaning Due diligence is the legal process of verifying ownership, legality, status, and risks attached to land before purchase to avoid fraud, disputes, and loss of money.

Legal Basis
Article 40, Constitution of Kenya 2010
Land Registration Act, 2012
Land Act, 2012

KEY AREAS OF DUE DILIGENCE
1. Land Registry Search Confirms registered owner, tenure, and encumbrances (charges, cautions, restrictions).
Section 26, Land Registration Act – only lawful titles are protected.

2. Physical Inspection Confirms land exists on the ground, boundaries, occupation, access roads, and use.
Prevents buying encroached or disputed land.

3. Title Deed Verification Authenticates original title and consistency with registry records.
Illegal or fraudulent titles are void.

4. Court Registry Check Reveals pending cases, injunctions, or succession disputes.
Property under litigation cannot be lawfully transferred.

5. Company Registry (If Seller Is a Company) Confirms company status, directors, and authority to sell.
Sale without board resolution is invalid.

6. Survey of Kenya Verifies deed plan/RIM, boundaries, overlaps, and road reserves.
Prevents loss through encroachment or double allocation.

7. Kenya National Ports Authority (KPA) Checks if land is port or public land near ports.
Public land cannot be validly sold.

8. Aerodrome / Flight Path Check Confirms aviation restrictions on height and land use.
Civil Aviation laws may bar or limit developments.

9. Neighbours & Social Environment Neighbours reveal disputes, double sales, occupation, drunkards, insecurity, or adverse possession risks.
Practical due diligence prevents future conflict and litigation.

WHY DUE DILIGENCE IS CRITICAL
Protects purchase price
Prevents fraud and illegal titles
Ensures constitutional protection of property
Avoids court battles and demolition
Bottom Line In Kenya, failure to conduct due diligence turns a buyer into a victim of loss. Courts do not protect illegal titles.

Leonard Kimai Kibos
Lawyer & Certified Professional Mediator
Bridge Point Dispute Resolution Center
Mobile: +254725572602
Email: [email protected]