14 Crucial Legal Facts Most People Ignore (At Their Own Risk)
The Law Doesn’t Forgive What You Don’t Know:
14 Crucial Legal Facts Most People Ignore (At Their Own Risk)
By Purity K. Mbaabu, Advocate
In Kenya, ignorance of the law is not a defense and yet, many people are unknowingly putting their lives, properties, businesses, and relationships at legal risk every single day. As a practicing advocate, I often meet clients who find themselves in avoidable legal crises simply because they weren’t informed.
Here are 14 critical legal truths every Kenyan should know—but most people overlook:
1. If Someone Dies, You Need Letters of Administration or a Grant of Probate
You cannot access a deceased person’s property or money even if you’re family unless you obtain letters of administration (for intestate deaths) or a grant of probate (if there’s a will). Without these, banks, government registries, and even landlords will lawfully block you.
Guardianship for minor children: Who will legally take care of your kids if you pass on? A will can appoint guardians.
Living wills and powers of attorney: for medical decisions or managing your affairs while alive but incapacitated.
👉 Get your lawyer to Draft your will and power of attorney now.
👉 If a loved one has passed, engage a lawyer to apply for letters of administration or a grant of probate.
👉 Search UFAA with legal support to recover hidden assets.
2. If You Invent or Create Anything—Protect It as Intellectual Property
Whether it's a logo, an app, music, designs, or a brand name, failing to register your intellectual property means anyone can steal, copy, or monetize your work. Protect your creativity and innovation by registering trademarks, patents, trade secrets, industrial designs etc. early; (copyrights -these are conferred automatically) so you can check for violations and enforce.
👉Get your lawyer to Register your trademarks, patents, or copyrights today.
👉 Use NDAs when pitching ideas to investors or collaborators.
3. Employment Without Legal Compliance Can Cost You—Heavily
Employers: Ignoring minimum wage laws, skipping harassment policies, terminating without notice, or failing to comply with labor regulations can lead to lawsuits, fines, and reputational damage.
Employees: Quitting without notice, leaking trade secrets, or violating contracts also has legal consequences. Get proper HR policies and legal advice on both ends.
👉 Employers: Procure legal help to Create compliant contracts and HR policies.
👉 Employees: Know your rights before signing or exiting a job.
👉 Engage a lawyer if you've been unfairly dismissed or exploited.
4. Marriage in Kenya Has Legal Categories—and Consequences
These are the types of marriages in Kenya: Civil, African Christian, Hindu, Islamic and Customary.
For the African Christian, civil, and Hindu, these are monogamous marriages and You must get a divorce before marrying again, or the second marriage is void.
Customary marriages must be registered to be legally recognized, and they’re potentially polygamous unless converted.
Legal clarity is crucial before tying or untying the knot.
👉 Register your marriage (especially customary).
👉 File for divorce before remarrying to avoid invalid unions.
👉 Consider a matrimonial property agreement(pre-nuptials) before or after marriage.
5. Don’t Know Where a Deceased Loved One’s Assets Went? Check the Unclaimed Assets Authority
Many people die without disclosing shares, pensions, or accounts. These assets are transferred to the Unclaimed Financial Assets Authority (UFAA). As a lawyer I can help you search, trace, and claim such assets on behalf of a family estate.
6. If You Receive a Court Summons, Order, or Judgment—Don’t Ignore It
Ignoring legal documents leads to default judgments, arrests, or property attachment. Always seek legal advice immediately. Even a simple mention date is critical.
7. Paid Off a Loan That Was Secured by Land? Register a Discharge of Charge
Once your loan is fully paid, your property is still legally encumbered unless a Discharge of Charge is registered. This can prevent future sales or loans against the property.
👉 After clearing a loan, register a Discharge of Charge immediately.
8. Buying Land or Property? Get a Sale Agreement and Register the Transfer
Verbal promises, gentlemen’s agreement or informal payments are not enough. Always procure a lawyer to draft a formal sale agreement, conduct due diligence, and register the transfer in your name. Skipping these steps puts your ownership at risk. Due diligence before purchase: Check title, zoning, caveats, land rates.
Stamp duty & registration: Must be paid and processed correctly. Joint ownership or company-held land: Special transfer rules apply.
👉 Never buy land without a lawyer-led due diligence and sale agreement.
👉 Register transfers with the Ministry of Lands to avoid fraud.
9. Don’t Sign Contracts Without Legal Review
Contracts can hide exploitative clauses or omit key protections. Before signing employment agreements, leases, business deals, or supplier contracts, get a lawyer to check for standard terms and legal traps. Boilerplate clauses (e.g., jurisdiction, indemnity, termination) can trap you. Verbal agreements are risky and difficult to enforce.
👉 Before signing any contract—business, lease, employment, or partnership—get legal advice.
👉 Don’t assume a contract is standard. It’s standard until it burns you.
10. After Workplace or Motor Vehicle Injury, You May Be Entitled to Compensation
If you're injured at work or in a car accident, you can claim compensation through insurance, WIBA (Work Injury Benefits Act), or DOSHSI (Directorate of Occupational Safety and Health Services Investigations). Don’t suffer in silence.
👉 If you’re injured, report it immediately and seek legal help to file a claim.
👉 Preserve documents and evidence for compensation cases.
11. Know Your Constitutional Rights
Kenyans are unaware of their rights when arrested or detained.
Every Kenyan, upon arrest, has the right to:
i. Right to be informed of your charge.
ii. Legal representation
iii. Bail and bond rights: Even for serious charges (unless there are lawful exceptions).
iv. To remain silent
v. To be charged and arraigned within 24 hours
vi. Court timelines: Must be charged within 24 hours of arrest (except weekends/public holidays).
vii. The following are freedoms and rights guaranteed by the constitution of Kenya and they cannot be limited;
(a) freedom from torture and cruel,
inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) the right to a fair trial; and
(d) the right to an order of habeas corpus.
Special rules apply to people in uniformed services, but your rights still exist and should be respected.
👉 If arrested, immediately request a lawyer.
👉 Know your rights and document any violations.
👉 Contact a legal advisor if your rights were breached.
12. Landlords Must Follow the Law Before Evicting Tenants
Tenants cannot be evicted overnight. Landlords must issue proper written notice, follow the correct procedure, and may need a court order—especially if there’s a lease. Illegal evictions can lead to legal action.
Landlord can sue the tenant for rent arrears and have the tenant evicted, his/her property attached and any other legal remedy available to landlords cumulatively.
Illegal evictions are rampant in informal and formal sectors.
13. Squatters’ Rights (Adverse Possession)
Ignoring trespassers for 12 years lets them claim ownership of your land.
Fence & inspect vacant plots quarterly. Serve eviction notices IMMEDIATELY.
14. Environmental & Zoning Compliance
Building without NEMA approvals or on agricultural/reserved land = demolition orders (Environmental Management Act).
Verify zoning maps at county offices & get EIA certificates BEFORE breaking ground.
17. Digital Assets & Fintech
M-Pesa floats, crypto wallets, online businesses: Must be listed in wills. Heirs can’t access them without court orders.
Document all digital IDs/passwords in a sealed annex to your will.
18. Business Registration & Compliance
Many operate unregistered businesses—exposing themselves to tax, liability, and credibility risks.
👉 Register your business and obtain the necessary licenses.
👉 Keep up with KRA obligations and annual returns.
19. Child Custody & Maintenance
Many parents are unaware they can enforce or claim maintenance through court.
👉 Get legal orders for custody and maintenance—it protects both parent and child.
Final Thoughts
A Lawyer is not Just for solving problems or trouble—They’re for prevention; whether it’s a relationship, transaction, property, job, or idea, the law protects what you build only if you engage it early enough.
Most legal damage happens because of what you don’t do on time. Having a trusted lawyer is like having insurance; you avoid costly mistakes and move forward with confidence in property, business, family matters, and more.
In Kenya, the law is complex, but ignorance can cost you everything: land, family peace, money, or freedom. Equip yourself with the right information and the right legal partner. If you're dealing with any of the above or want to avoid future legal complications, I'm here to help.
Get in touch for consultations, searches, contract reviews, succession planning, or real estate legal services. Let’s secure your future legally.
👉 Book a legal consultation today.
📩 purie73@gmail.com
📱 +254 718 627 917
🌍 https://puritykmbaabuandassociateadvocates.co.ke/
