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. 

By law in Kenya, the maximum number of administrators (i.e., persons appointed to administer a deceased person's estate) is four, and the minimum depends on the circumstances:

⚖️ Maximum Number of Administrators

• Section 56(1)(b): No grant of representation may be made to more than four persons in respect of the same property
• Probate & Administration Rule 25(6) also limits grants to one person or jointly to no more than four individuals

➡️ Conclusion: Maximum of 4 administrators per estate grant.

• Maximum of four: Whether appointed by will or under intestacy, no more than four individuals may be granted legal authority over the same estate property
• Maximum: 4 administrators, always (per Section 56 and Rule 25).
• Minimum of two: If the estate involves a continuing trust—for example, due to a surviving minor—the law requires at least two administrators.

• Minimum:
• 1 in standard estates,
• 2 when a continuing trust exists—such as where minors or a surviving spouse's life interest is involved.
• Exception: Public Trustee or trust corporation may be sole administrator even in continuing trusts.

⚖️ Minimum Number of Administrators

1. Standard (Non-Trust) Cases

• No statutory minimum for standard estates. A grant may be made to a single person (e.g., executor or administrator) .

➡️ Conclusion: 1 administrator is sufficient in most non-trust situations.

2. Continuing Trust Cases

When the estate involves a continuing trust—including interests for minors or a life interest of a surviving spouse—the rules are stricter.

• Section 58(1)(a): If a continuing trust arises, no grant shall be made to one person alone, except if the person is the Public Trustee or a trust corporation
• Section 58(2): If single-person grant is made but a continuing trust exists, the court must appoint the applicant and at least one other, up to a total of three additional persons (so minimum 2, maximum 4) .
• Section 75A(1): If, after granting letters to a sole administrator, a continuing trust then arises, that person must apply to add 1 to 3 more administrators within three months .
• Section 84: Confirms that administrators act as trustees in cases of continuing trust (e.g., for minors or surviving spouse)

➡️ Conclusion: When a continuing trust arises, the law requires at least 2 administrators (up to 4).

🖋️ Legal References:

• Law of Succession Act, Section 56(1)(b) – maximum number
• Rule 25(6), Probate & Admin Rules – supports max four
• Section 58(1)(a) & (2) – continuing trust necessity
• Section 75A(1) – adding administrators during trust
• Section 84 – roles in continuing trust contexts