Duncan Cheruiyot & Company Advocates

Legal Insights

Clear thinking on Kenyan law for clients, founders, and families.

Practical writing on corporate law, conveyancing, dispute resolution, family law, and real estate — drawn from the matters the firm handles every week.

THE LAW GOVERNING LANDLORD–TENANT RELATIONSHIPS IN KENYAFeaturedReal EstateTHE LAW GOVERNING LANDLORD–TENANT RELATIONSHIPS IN KENYAThe relationship between landlords and tenants in Kenya is governed by a combination of statutory provisions, contractual terms and common-law principles. Disputes frequently arise when a tenant issues a notice to vacate, seeks a refund of a security deposit, complains about defective premises or is held liable for damage discovered upon surrendering possession. This article examines the applicable legal framework for residential and commercial tenancies, the distinction between the obligations of landlords and tenants, the legal treatment of security deposits, the consequences of damage to leased premises, and the remedies available to either party where a dispute arises. Particular attention is given to the Land Act, 2012, the Rent Restriction Act (Cap. 296), the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301), the Small Claims Court Act, 2016, and relevant judicial decisions. The central proposition is that the determination of a tenancy dispute requires an examination of the nature of the premises, the terms of the lease, the cause of the alleged damage, the evidence of the parties and the jurisdiction of the court or tribunal empowered to determine the dispute. Duncan Cheruiyot11 October 20265 min readRead Article
"No More ATM Parents" – What Kenya's New Court Ruling Means for Separated ParentsFamily Law"No More ATM Parents" – What Kenya's New Court Ruling Means for Separated ParentsConfused about child support obligations after separation? Learn about Kenya's landmark 2025 ruling on shared parental responsibility, the "ATM" judgment, and what it means for separated parents.13 August 20265 min readTHE LEGAL FRAMEWORK AND PROCEDURE FOR CHANGE OF NAME BY DEED POLL IN KENYA: A COMPREHENSIVE PRACTITIONER'S GUIDEGeneralTHE LEGAL FRAMEWORK AND PROCEDURE FOR CHANGE OF NAME BY DEED POLL IN KENYA: A COMPREHENSIVE PRACTITIONER'S GUIDETHE LEGAL FRAMEWORK AND PROCEDURE FOR CHANGE OF NAME BY DEED POLL IN KENYA: A COMPREHENSIVE PRACTITIONER'S GUIDE13 August 20265 min readFAMILY LAW IN KENYA: DIVORCE, CHILDREN, CUSTODY, MAINTENANCE AND MATRIMONIAL PROPERTY A Practical and Comprehensive Guide for Spouses, Parents and Families in KenyaFamily LawFAMILY LAW IN KENYA: DIVORCE, CHILDREN, CUSTODY, MAINTENANCE AND MATRIMONIAL PROPERTY A Practical and Comprehensive Guide for Spouses, Parents and Families in KenyaFAMILY LAW IN KENYA: DIVORCE, CHILDREN, CUSTODY, MAINTENANCE AND MATRIMONIAL PROPERTY A Practical and Comprehensive Guide for Spouses, Parents and Families in Kenya 9 August 20265 min readIn Duplum Rule in Kenya: Meaning, Application Beyond Banks & What Borrowers Should KnowLitigationIn Duplum Rule in Kenya: Meaning, Application Beyond Banks & What Borrowers Should KnowConfused by rising loan balances? Learn the In Duplum Rule in Kenya, Section 44A Banking Act, and conflicting court decisions affecting borrowers, lenders, and digital loan apps13 July 20265 min readRights During Arrest in KenyaDispute ResolutionRights During Arrest in KenyaKey rights, early steps, and why fast legal support can shape the direction of a criminal or civil process.14 April 20265 min readProperty Rights in KenyaReal EstateProperty Rights in KenyaA practical look at title due diligence, ownership risk, and the safeguards buyers should request.12 April 20267 min readBusiness Registration in KenyaCorporate LawBusiness Registration in KenyaWhat founders and SMEs should know before choosing a structure, drafting agreements, and opening operations.10 April 20266 min read