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Frequently Asked Questions

Find answers to common questions about our legal services.

General Questions

You can book a consultation by calling us at +254 718 628300, sending a WhatsApp message, emailing admin@mwangikiai.com, or filling out the contact form on our website. We offer both in-person and virtual consultations.
Our office is open Monday to Friday from 8:00 AM to 5:00 PM, and Saturday from 9:00 AM to 1:00 PM. We are closed on Sundays and public holidays. However, we are available on WhatsApp for urgent matters.
Yes! We specialize in serving the Kenyan diaspora. We offer video consultations via Zoom, Google Meet, or WhatsApp video call at times convenient for different time zones.
Our fees vary depending on the nature and complexity of the matter. We provide transparent quotes before any engagement. Contact us for a free initial consultation to discuss your needs and get a clear fee estimate.

Diaspora Services

Absolutely. Many of our clients purchase property while overseas. We handle the entire process on your behalf, including due diligence, negotiations, and title transfer, keeping you informed at every step.
We conduct comprehensive due diligence including title searches at the Land Registry, survey verification, rates clearance, and physical site visits. We provide detailed reports with photographs and recommendations.
A Power of Attorney (POA) is a legal document that authorizes someone to act on your behalf in Kenya. It's essential for diaspora clients who need someone to handle property transactions, banking, or legal matters while they're abroad.
Always work with a reputable lawyer, conduct thorough due diligence, verify documents at the Land Registry, insist on meeting sellers in person (or have your lawyer do so), and never pay before completing verification.

Corporate & Business

Company registration typically takes 3-7 working days once all documents are in order. We handle the entire process including name reservation, preparation of constitutional documents, and registration with the Registrar of Companies.
Yes, foreigners can own 100% of most types of companies in Kenya. However, certain sectors have restrictions. We advise on the best structure based on your business activities and investment plans.
Companies must file annual returns, maintain statutory registers, hold AGMs, file tax returns, and comply with sector-specific regulations. We offer company secretarial services to handle all compliance matters.

NGO & Organizations

NGO registration involves applying to the NGO Coordination Board. You'll need a constitution, minutes of formation meeting, and various supporting documents. The process typically takes 2-3 months. We guide you through every step.
NGOs operate nationally or internationally and register with the NGO Board, while Community-Based Organizations (CBOs) operate at the community level and register with the Ministry of Social Services. We advise on the best structure for your objectives.

Property & Conveyancing

You'll need a valid ID/passport, KRA PIN certificate, and proof of funds. For diaspora clients, we also assist with obtaining necessary clearances. The seller must provide the title deed, land rates clearance, and consent where applicable.
A straightforward property transfer takes 1-3 months, depending on the Land Registry backlog and whether all documents are in order. Complex transactions involving subdivisions or consents may take longer.

Family Law

Divorce petitions are filed in the High Court or Magistrate's Court. Kenya allows divorce on grounds including adultery, cruelty, desertion, and irretrievable breakdown of marriage. We handle both contested and uncontested divorces.
Courts consider each spouse's contribution (monetary and non-monetary), the needs of children, and other factors. Kenya law recognizes both direct and indirect contributions to matrimonial property.
Yes, Kenyan courts can grant custody to parents living abroad, considering the best interests of the child. We help negotiate custody arrangements and ensure proper legal documentation for international custody situations.

Immigration

Kenya offers several work permit classes: Class A (prospecting/mining), Class D (employment), Class G (specific trade/business), Class I (approved religious/charity work), Class K (residents with exemption), and Class M (refugees). Class D is most common for foreign employees.
Work permit processing typically takes 4-8 weeks from submission of complete documentation. Factors affecting timeline include permit class, completeness of documents, and current processing volumes at Immigration.
You can apply for a Special Pass which allows you to work legally while your substantive work permit is being processed. Special Passes are typically valid for 3 months and can be renewed.
Required documents include: valid passport, passport photos, academic certificates, professional qualifications, CV, employment contract, company registration documents, KRA PIN for the employer, and police clearance from your home country.
Yes, dependant passes are available for spouses and children under 18. These are applied for alongside or after the principal work permit. Dependant pass holders cannot work without obtaining their own work permit.
Permanent residence can be obtained after continuous lawful residence in Kenya for at least 7 years. Applications are made to the Immigration Department and require proof of good character, financial stability, and contribution to Kenya.

Litigation

Timelines vary significantly. Simple civil matters may take 1-2 years, while complex commercial disputes can take 3-5 years. We employ strategies to expedite matters including alternative dispute resolution and case management conferences.
Litigation costs include court filing fees, advocate fees, and expenses. Filing fees depend on the claim value and court level. We provide transparent fee estimates and can discuss fee structures including fixed fees for certain stages.
Yes, you can initiate and pursue litigation in Kenya while living abroad through a Power of Attorney. We handle all court appearances and procedural matters on your behalf, keeping you informed via video calls and regular updates.
ADR includes mediation, arbitration, and negotiation as alternatives to court litigation. ADR is often faster, cheaper, and more private. Kenyan courts actively encourage parties to attempt ADR before proceeding to trial.
Foreign judgments can be enforced in Kenya through registration under the Foreign Judgments (Reciprocal Enforcement) Act or by filing a fresh suit. The process depends on whether Kenya has a reciprocal arrangement with the country where judgment was obtained.

Debt Recovery

Debt recovery options include demand letters, negotiation, mediation, and litigation. We start with formal demand letters which often prompt payment. If unsuccessful, we can file suit and pursue enforcement through asset attachment and garnishee orders.
Simple contract debts must be claimed within 6 years from when the debt became due. Debts under deed have a 12-year limitation. Acting quickly is important to preserve your legal rights.
Yes, international debt recovery is possible through various mechanisms including reciprocal enforcement treaties, engaging lawyers in the debtor's current jurisdiction, or pursuing assets the debtor may still have in Kenya.

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