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CHILD CUSTODY IN KENYA
CHILD CUSTODY IN KENYA
At Gathoni Kariuki & Co. Advocates, based in Thika, we provide reliable legal support in child custody and parental rights matters. We assist both local and international clients with care, professionalism, and confidentiality.
What Is Child Custody?
What Is Child Custody?
Child custody refers to the legal responsibility to care for and make decisions about a child’s wellbeing. Kenyan law prioritises the best interests of the child, granting equal rights to both parents.
Who Can Get Custody?
Who Can Get Custody?
Under the Children’s Act 2022, either parent may be granted custody based on the child’s safety, growth, and emotional needs. Courts now equally recognise fathers in custody matters.
Types of Custody
Types of Custody
Legal custody involves decision-making responsibilities. Actual custody refers to where the child lives. Custody can be joint (shared) or sole (one parent), with possible visitation rights. Parents may also create and register custody agreements out of court.
Buying Land in Kenya
Buying Land in Kenya
Why Legal Help Is Essential: Buying land in Kenya can involve risks such as fraud, unclear titles, or boundary disputes. Engaging a lawyer ensures that all documents are verified, processes followed, and your investment is protected.
Our Services
Our Services
We assist with:
Conducting land searches at the Land Registry
Verifying ownership and title documents
Drafting and reviewing sale agreements
Overseeing transfers and registration
Handling succession-related land matters
Resolving land disputes and caveats
Types of Land Transactions
Types of Land Transactions
We handle purchases of residential plots, agricultural land, commercial property, leases, and transfers through succession or gifting.
Why Choose Us?
Why Choose Us?
We combine legal expertise with local knowledge to ensure smooth and transparent transactions. Whether buying land in Thika or across Kenya, we help protect your property rights from start to finish.
Discharge of Charge of Property in Kenya
Discharge of Charge of Property in Kenya
What Is a Discharge of Charge?
What Is a Discharge of Charge?
A Discharge of Charge is the legal process of removing a lender’s claim (mortgage or loan) from your property title once the loan is fully repaid. It ensures that your property is officially yours, free from any encumbrances.
Why Discharging a Charge Matters
Why Discharging a Charge Matters
Full Ownership: Confirms the mortgage has been cleared.
Sell or Transfer Property: Enables legal sale or transfer of your property.
Avoid Legal Issues: Prevents future disputes over property ownership.
Step-by-Step Guide to Discharging a Charge in Kenya
Clear Your Loan: Settle all outstanding payments with your lender.
Get the Discharge Document: The bank or lender prepares and signs the Discharge of Charge form.
Stamp the Document: The form must be stamped by the Kenya Revenue Authority (KRA).
Submit to Lands Registry: Provide the title deed, discharge form, ID, PIN, and application to the relevant Lands office.
Registration: The Lands Registry updates the property record, removing the charge.
Collect Updated Title: Pick up your new title deed, now free of any mortgage claim.
LegaL Framework
LegaL Framework
The process is governed by the Land Act, 2012 and the Land Registration Act, 2012.
Common Issues to Watch Out For
Common Issues to Watch Out For
Delays at the Lands Registry
Lost title deeds
Lender delays
Incorrect or incomplete paperwork
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