Family Law & Succession Matters


A family is a fundamental unit of society that supports social institutions and provides essential basis of social order. The state, through Family law ensures the family institution is accorded the utmost recognition and protection. Subsequently, in a family setting, legal issues are bound to arise such as ownership of properties, divorce, negligence and so forth. We strive to perform the “Facilitative Function” among families to ensure smooth resolutions of disputes if any and regulation of family reactions. Our services include the following; –

a. Law of Succession

The Constitution of Kenya under Article 27 and 40 envisions the equal protection of property rights for both men and women. When a family loses a loved one there is need to ensure that each member of the family can benefit from property that the deceased may have accrued in the course of their lifetime. We aid our clients to plan for the future through; –

  • Drafting of Wills and Last Testament
  • Asset Protection
  • Application for Grant of Letters of Administration Testate and Intestate, Grant of Probate with Will annexed and Confirmation and Revocation of Grants;
  • Procuring and Succession Law and Transmission of the Properties to The Beneficiaries; and
  • Gift Intervivos.

b. Divorce

At HKM we strive to handle family matters with utmost sensitivity and privacy. Disputes in marriage happen and in certain situations parties are unable to resolve their grievances which ultimately leads to divorce. The Marriage Act No. 4 of 2014 governs divorce in Kenya.

As a firm, we have experienced members who help parties in such situations attain amicable solutions. Some of the areas we handle include; –

  • Pre and Post Nuptial Agreements
  • Divorce and Separation
  • Financial, Domestic and Cohabitant’s Claims

c. Child custody and maintenance

Family law places responsibility on both parents to ensure a child’s needs are met. Both the mother and father of a child have joint responsibility to care and provide for the child’s physical, emotional and financial needs. In the case where say divorce or separation occurs, we assist in ensuring the continuance of this shared responsibility by helping our clients establish a proper mode in which each parent plays their role the child’s development. We assist our client in the following;

  • Child custody and maintenance applications.
  • Child custody negotiations.