This archive report was first published on 10 January 2020.
Family Law in Kenya: An Expert's Perspective ¶
As a seasoned family lawyer with over 15 years of experience, Anne has witnessed the evolution of family law in Kenya firsthand. In an exclusive interview, she shares her insights on the complexities of family law, the importance of having a will, and the role of the state in guiding family businesses.
With a specialization in family law, Anne has seen the rise of disputes over property management and distribution within families. 'Family lawyers come in to guide parties embroiled in property rows and help resolve them,' she explains.
When asked why she chose to pursue family law, Anne reveals that she saw an opportunity to work with a boutique law firm catering to a firm clientele base. 'As a lawyer, you must recognize that the relationship between husband and wife, siblings, and relatives are personal,' she emphasizes.
Anne notes that clients today are more knowledgeable about family law than they were before, and the economy has become more complex, leading to increased disputes. She also highlights the importance of involving other professionals, such as counsellors, to advise parties in disputes.
Research shows that 60% of Kenyans do not have a will, which can lead to disputes and unnecessary legal battles. Anne emphasizes that having a will in place is not a choice, but a responsibility. 'When you die without a will, you leave it to the court to make a decision for you in the way it deems fair,' she warns.
Anne believes that the state has a role to play in guiding family businesses, particularly in developing policies that address disputes over estates. She also notes that families who resort to court have often tried mediation but failed to agree.
When asked about her reading habits, Anne reveals that she reads a lot of autobiographies, journals, and business magazines to stay abreast of global events and the economy. She also reads for enjoyment and to widen her scope of interests.
As a seasoned lawyer, Anne has learned from her mistakes, including falling into the trap of believing a client even when they were lying. Her advice to young practitioners is to learn as many things as possible, as knowledge is never wasted.
