Do we need to register with the Data Commissioner?

It depends on turnover, staff numbers and the nature of the processing. Some activities require registration regardless of size, including processing on a large scale, and processing health, financial or children’s data.

We had a data breach. What are the deadlines?

Notification to the Office of the Data Protection Commissioner is required without undue delay and within seventy-two hours where the breach presents a real risk to the rights of the people affected, with communication to those people where that risk is high.

Is a climate commitment legally binding?

A public statement can create exposure under consumer, securities and contract law even where no climate statute applies. Before a target is announced we look at what has been promised, to whom, and what evidence will support it.

Can IVIO Advocates act as our outsourced compliance function?

Yes. We take on fractional compliance management with a defined scope, a reporting line to the board, and an agreed monthly fee.

Should I sue or settle?

It depends on what you can prove, what the other side can pay, and what the delay costs you. We give you the merits and the recovery prospects separately.

Do we need a shareholders’ agreement if we have articles?

Usually yes. The articles govern the company; the shareholders’ agreement governs the relationship between the owners.

Estate and succession — IVIO Advocates

What we do

We draft wills, including wills that deal with land, business interests and assets held outside Kenya, and we advise on the formal requirements that make a will valid under the Law of Succession Act. Where a person has died, we act for the family in obtaining a grant of probate or letters of administration, confirming the grant, and transmitting the property to the beneficiaries.

We also advise on intestate succession where there is no will, on the position of dependants, and on trusts and other arrangements for holding family assets. Where a succession is contested, the matter moves across to our dispute resolution group and stays with the same partners.

Wosia

For a straightforward will, MZIZI — our innovation arm — runs Wosia, an online platform that produces a structured Kenyan will in about thirty minutes, backed by lawyers. It is the right route for a simple estate. Where there is land, a business, a blended family or an asset abroad, the will should be drafted by an advocate, and we will tell you which situation you are in.

Questions clients ask

Is a handwritten will valid in Kenya?

A written will must be signed by the maker and attested by at least two competent witnesses who are not beneficiaries. Oral wills are recognised in narrow circumstances only. Most disputes we see come from witnessing that was not done properly.

How long does probate take?

An uncontested grant, with complete documents and a clear asset schedule, commonly takes several months including the statutory period before confirmation. Missing title documents and disputes among beneficiaries are what cause delay.

Can I leave land to one child only?

You have testamentary freedom, but dependants may apply to the court for reasonable provision. A will that clearly explains the maker's intentions is far harder to unsettle than one that does not.