About the Advocate's Disciplinary Tribunal and process involved in lodging a complaint against an Advocate

 

Credits:  LSK

The Distinction between An Employee and an Independent Contractor

Essentially, employment law provides a number of safeguards to workers classified as employees that are not available to workers classified as independent contractors.

An employee is generally one who “works under the direction of a supervisor, for an extended or indefinite period of time, with fairly regular hours, receiving most or all of his income from that one employer.” Section 2 of the Employment Act, 2007 defines an employee as: - a person employed for wages or a salary and includes an apprentice and indentured learner.

On the other hand, an independent contractor typically has the bargaining power “to negotiate a rate for the use of [a special] skill.” An independent contractor also “serves multiple clients, perform[s] discrete tasks for limited periods, and exercises great discretion/control over the way the work is actually done.”

Significant documents during the subdivision process in land

  While waiting for subdivision to be completed, you should hold the following key documents as proof of ownership or transaction:

1️⃣ Sale Agreement (if you bought the land)

✔ A signed sale agreement between the buyer and seller showing details of the land and payment.

2️⃣ Acknowledgment of Payment

✔ If you have paid in full, ensure you have a receipt or proof of payment from the seller.

3️⃣ Mutation Form (Application for Subdivision)

✔ If the land is being subdivided, the mutation form is submitted to the surveyor and land office.

✔ This document shows the planned subdivision and the new parcel numbers.

4️⃣ Copy of the Mother Title Deed

✔ Since the new title is not yet issued, keep a copy of the original (mother) title deed under which your portion falls.

5️⃣ Land Control Board (LCB) Consent (if applicable)

✔ If it's agricultural land, LCB consent is needed before subdivision and transfer.

6️⃣ Surveyor’s Report & Map Extract

✔ The surveyor will create a new map showing how the land is subdivided.

✔ You should get a copy of the surveyor’s report and sketch plan.

7️⃣ Letter of Land Allocation (if applicable)

✔ If the land is from the government or a settlement scheme, a letter of allocation may serve as interim proof of ownership.

8️⃣ Land Registry Application for New Title

✔ Once the subdivision is approved, an application for a new title deed is made at the Land Registry.

🔹 Key Tip: Ensure the subdivision is properly registered and approved to avoid future disputes! 🏡

Courtesy of: Mr. Njogu

How many Administrators are required by law?

The maximum number of Administrators is a statutorily prescribed four (4) persons. Section 56 of the
Act provides that a grant of representation cannot be made to more than four (4) persons in respect of the
same property.

Where property is devolving upon a minor and a continuing trust arises, section 58 of the Act provides that no Grant of Representation can be issued to a sole Administrator, there must be two (2) or more administrators in such a case.