Sam Miriti

Passionate about justice
Advocate of the high Court

[BRAVIN YURI @BravinYuri]

It should never be forgotten that the judicial mess that greatly affected the operations of the Nairobi Hospital was cemented by a decision of Justice Patrick Kiage.

In fact, if the Judicial Service Commission(JSC) is interested in rooting out corruption and impunity within the judiciary, it should thoroughly analyze and examine how cases touching on the crisis at the Nairobi Hospital were handled and the role that the judiciary played in worsening the state of that hospital.

Indeed, I agree with you Havi that the Judge should not hide behind good English while his decisions don’t promote the rule of law or portray judicial independence.

[QuantifyIQ Π 🇰🇪✊🏿 @dnahinga]

Price Warning.

This will affect interior design work including wardrobes, kitchen cabinetry and the like.

#MjengoElimu

[ROBA & ASSOCIATES LLP @AssociatesRoba]

Staying on Land for Years Is Not a Favour: Court of Appeal Confirms When 12 Years Truly Counts

For decades, many Kenyans have lived on land bought by their parents, built homes, planted trees, paid rates, then died before titles were transferred. In Ouko v Kageni (Civil Appeal No. 382 of 2019), the story was painfully familiar. In 1977, land was sold in Karen. The buyer paid, took possession immediately, built, planted, and stayed. Subdivision delayed the title. Both buyer and seller later died. Years later, the seller’s estate attempted to fence off the land and treat the buyer’s widow as a trespasser. She went to court claiming ownership. The High Court gave her only half the land. The Court of Appeal stepped in and looked at the entire history, not paperwork in isolation.

The Court of Appeal clarified something many people get dangerously wrong. Time for adverse possession does not start just because you enter land. Where entry is through a sale agreement, time starts running after the last payment, when possession stops being permissive and becomes adverse. Here, the final payment was made in 1996. From then, the seller’s estate slept while the buyer’s family openly controlled the land. The Court confirmed that occupation does not mean sleeping there daily. Building, planting, fencing, hiring guards, and controlling access is enough. It also reaffirmed that long-delayed subdivisions, caveats, or family chaos do not defeat possession if the facts show control, intention, and time.

This judgment gives confidence to families sitting on land bought decades ago but never titled. It also sends a warning to landowners and estates that titles are not shields if you ignore reality on the ground. The myth that “after 12 years you automatically own land” is wrong, but so is the idea that paper ownership defeats decades of occupation. Courts are now brutally fact-driven. If you paid, took possession, stayed visible, and the other side slept, the law will not reward that silence. This decision will shape land fights across Kenya, especially old sale agreements, stalled subdivisions, and inheritance disputes. The message is simple: land law is no longer about stories. It’s about proof, time, and conduct. @KensonMutethia @joshuamalidzo @NelsonHavi @georgediano @Thuranira_1

#JourneyToSingapore Ambitious Ruto #MonetizedActivism #MainaAndKingangi Bournemouth First World Status National Infrastructure Fund Lammens Aoko CCTV

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🚨🚨BREAKING!! If A Land Seller Breaches, You Can Claim The Profit You Missed - High Court Says

The Court has delivered a major decision on failed land sales. In INC Supplies Ltd v Kenneth Waiganjo, a buyer paid Ksh 4M deposit, covered subdivision costs, waited for completion documents... and the seller simply failed to perform. By the time the contract collapsed in 2019, the land had risen from Ksh 25M to Ksh 35M. The trial court refunded the deposit but rejected the buyer’s claim for the Ksh 10M profit they lost. On appeal, the High Court wasn’t amused. It held that where a seller breaches, the innocent purchaser is entitled to the financial advantage they were denied.

The Court reaffirmed a crucial principle: loss of bargain is not a fantasy claim, it is a legitimate head of damages grounded in contract law. If the seller is the defaulting party, damages must place the buyer in the position they would have been in had the contract been performed. The appellate court found that the valuation on record clearly showed the land was worth Ksh 35M as at the date of repudiation, and that the trial court erred by ignoring it. Applying established authorities like Gami Properties and Wandiga v Chege, the Court confirmed that the assessment date for loss of bargain is the date of breach, unless justice demands otherwise. In this case, the evidence was straightforward, uncontroverted, and the seller had no escape route.

This judgment strengthens protection for buyers who are strung along by sellers who delay, dodge, or perform selectively. Anyone purchasing land, whether individuals, SMEs, or developers, now has judicial reinforcement that a seller who breaches cannot simply refund what you paid and walk away clean. If the property appreciated, the profit you lost is recoverable. This will reset the behaviour of dishonest sellers, stabilise negotiations in Kenya’s land market, and give buyers confidence that the courts will enforce the economic reality of the bargain, not just the paperwork. @georgediano @Thuranira_1 @NelsonHavi @MutandaLaw @KensonMutethia @joshuamalidzo

#squeezekalonzo Independence Day #ATEEZinKL Explore 254 Utalii Mbuga Maendeleo Atalanta

[Healing Tai Chi @GymBr_o]

Not even in a thousand years would I know that every car multimedia system has this!!! 🚗

[Zakheem Rajan - The Paparazzi @zakheem_rajan]

Law Students, Take Note.

To properly handle Children in Conflict with the Law, familiarise yourself with these key legislative instruments.

Start with:
Children in Conflict with the Law (Practice and Procedure) Rules, 2020

The Bench Book for Magistrates in Criminal Proceedings, 2004

The National Children Policy, 2010

The Framework for The National Child Protection System for Kenya, 2011

The Sentencing Policy Guidelines, 2016

The Criminal Procedure Bench Book, 2018

The Guidelines for Child Protection Case Management and Referral in Kenya, 2018

The Plea-Bargaining Guidelines, 2019

The Prosecutor's Guide to Children in the Criminal Justice System, 2020

And, of course, The Children Act

[Sam Miriti @SamMiriti5]

@RobSchneider N. Mm n kg of, z dad doing Dr rt ttu

[Sam Miriti @SamMiriti5]

Proud and arrogant leaders create behomoth revolutions. #RejectFinanceBill2024

[@LegalEase_KE🇰🇪 @LegalEasy_KE]

𝐓𝐒𝐂 𝐯 𝐉𝐚𝐧𝐞 𝐂𝐨𝐧𝐬𝐨𝐥𝐚𝐭𝐚 𝐀𝐝𝐡𝐢𝐚𝐦𝐛𝐨; 𝐂𝐢𝐯𝐢𝐥 𝐀𝐩𝐩𝐞𝐚𝐥 𝟒𝟐𝟕/𝟐𝟎𝟏𝟗

Where an employee is kept away from work for no valid reason, she will be entitled to full wages for that entire period she was in limbo and willing to work (in this case 12 yrs)

[Zakheem Rajan - The Paparazzi @zakheem_rajan]

Lesson for the day:
Article 40(6) limits the right to property as not extending to property that has been found to have been unlawfully acquired. Where the root of a title has been found to have not been acquired regularly, then one cannot benefit from the doctrine of bona fide purchaser in subsequent transactions. Per SCORK in Dina Management Ltd v. County Govt. Of Mombasa & 5 Others (2023).

[Hip Hop Dr @DoctorReign]

I love how random people with no idea about a newborns skin anatomy and physiology are recommending sunlight exposure💀 and the person also blindly taking advice not knowing what strength of evidence the people recommending are using. Short thread 🧵evidence based

[Caxstone P. Kigata @CaxstonePKigata]

This is well drafted Petition and application Sen @OkiyaOmtatah. Precise and to the point.👌🏽👌🏽

[Onyango & Company Advocates @oc_advocates]

The High Court of Kenya recently held that a bank must conduct an official search from the Companies Registry to fulfill it's Know Your Customer Obligations before it can open an account for a company.

[Sam Miriti @SamMiriti5]

@DHsuyia @KenyaPower_Care Nunua tokens wewe

[Sam Miriti @SamMiriti5]

@Kenyans The government holding a press conference to pressure the government to act. Kenyans have seen it all.

[Abojani Investment 🇰🇪🇺🇬🇹🇿 @TheAbojani]

3 Must know USSD Codes for Kenyan investors

1. *106*2# to check any unknown Mobile numbers registered using your ID

2. *361# to check if you have any unclaimed assets

3. *866# - enables CDS account holders to buy treasury bills & bonds

Follow us for more useful insights

[Sam Miriti @SamMiriti5]

@WOkandah @smutoro Yz butlplsyppll p pplpp
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[Sam Miriti @SamMiriti5]

@DHsuyia @bonitaonsafari @LegalEzra @MjanjaEric @FredjuniorM Nice one.We need to know the time spent and the breakdown of costs.

[Sam Miriti @SamMiriti5]

@moneyacademyKE TAKAFUL INSURANCE should be avoided at all cost.

[Mbabz @Kalasinga_]

this tweet might get me insulted. follow the tallying using this link https://t.co/2P1TARpF22