The article is a comparative, doctrinal study of how two common law jurisdictions, Kenya and England and Wales have recognized cohabitation as a presumption of marriage and any right extended to the partners and property and wealth among cohabitants are dealt with in case the relationship ends. The rules of the countries studied have been addressed in terms of how they govern unmarried persons living as a couple in this type of structure. The similarities in the two legal systems in dealing with cohabitants' rights have been examined. Finally, the paper has suggested a mechanism that Kenya's courts should establish for dealing with property conflicts between cohabitants, which attempts to meet both the criteria of theory and pragmatism.
The article examines the growth of inheritance laws in the former British colonized East African countries Kenya, Uganda, and Tanzania. It discusses how colonial rule changed the traditional system of inheritance and imposed its laws, leading to confusion and leaving women unprotected. The article highlights the need for reforms in the law of succession and the implementation of statutory laws that protect widows and children. The current laws in Kenya, including the Inheritance Act and Matrimonial Property Act, offer protection to women, but the laws in Uganda and Tanzania need to be reviewed to ensure equal treatment of all family members in case of intestate succession. Finally, the article overviews inheritance laws in the three East African countries.
Intestacy law is derived from the traditional values, but it can be also under the influences of societies across the world. As a field of private law, the law of intestate succession can, in the long run, resist the non-voluntary, i.e., imposed reception of such rules of and forced by a coloniser. Compared to the flexible regulations, e.g., of the law of obligations, which are therefore more capable of legal transplant, intestate succession is based on deeply enrooted customs of a nation. Thus, these rules can rigidly persist under the pressure of colonisation. Kenya and Australia, two countries with significant differences in their cultural and legal traditions, were, in a diverse way, colonised by England. The article analyses the intestacy laws in these three countries, with the emphasis on Kenya. It especially discusses the reasons for pushing for strong intestacy laws to protect the widow in Kenyan Laws compared with the Australian and English Laws.
From the dawn of time, a child has been viewed as an incomplete person who needs the assistance of adults, usually his parents or those acting in loco parentis, to live and thrive in life. Parental responsibility for a child is seen as an essential instrument for fully realizing children's rights. However, when it comes to a child's health, this obligation is sometimes fulfilled to the child's harm rather than for the child's benefit. In such a scenario, the government generally intervenes through the courts to prepare the necessary actions in the child's best interests. Given the stringent and timeconsuming procedures connected with some countries' courts, situations may necessitate immediate action. This study examines parental responsibility under Kenyan law and compares it to the system in the United Kingdom, a nation that occupied Kenya until 1963 and is still the source of many written laws in Kenya. Children may be a divine gift, but even gifts require work and care to preserve their usefulness, beauty, or productivity. Despite the importance of raising children, many parents don't take their parental responsibility seriously enough, making it difficult for the child and thereby underpinning their rights and interests. This study investigated the child's right to health in relation to the parental obligation to defend this right in crises. It used a doctrinal approach to the research. It proposed, among other things, that provisions be created in the child's legislation to allow health providers to consider the child's best interests in an emergency without resorting to the courts.
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