Miiri Julius
776 posts
@miirilaw
Chasing light and living for an audience of one ✨Legal Compliance Expert [email protected]
#hotoffthebench Partial win: The decision to procure the SHIF system was not done with the level of transparency required by the Constitution.The roll out was also irregular. However to nullify the process at this stage would lead to a discruption in the health sector. Mwamuye J
As the @LawSocietyofKe elections scheduled for 19/2/2026 approach, We urge all advocates to support & elect more women. @AnditiOgada @mimiwangui @twavinya @sofwaraj @shillaeff & others below offered their candidature for the different elective positions. #VoteADada
🚨BREAKING LEGAL ALERT: NO EVIDENCE, NO ALIMONY: High Court saves Appellant from Kshs 50,000 monthly maintenance order. The High Court has overturned a Magistrate’s Court order that had directed a husband to pay Kshs. 50,000 monthly maintenance to his former wife. Acting for the Appellant, we successfully argued that alimony should only be granted upon proof of genuine financial need and that professional skills or business ownership negate claims of "destitution." Key Takeaways from the Decision: The Judge clarified that "destitution" implies a state of complete lack of means. A divorcee who is a professional (e.g., a tailor) and runs a business cannot be legally described as destitute, regardless of how modest their income might be. The judgment emphasizes that the court must look at the "earning capacity" of a spouse. If a spouse possesses skills and a running business, they have the capacity to support themselves, and the other spouse should not be saddled with maintenance costs. Implications: This decision is a significant victory for Appellants in matrimonial causes, as it reinforces that judicial discretion must be guided by established legal principles and proven facts rather than mere sympathy. It sets a high threshold for spouses seeking financial support, requiring them to prove they are truly unable to provide for themselves. For more information kindly reach out! @joshuamalidzo @quincygitahi @Ndonglaw043
🚨BREAKING LEGAL ALERT: NO EVIDENCE, NO ALIMONY: High Court saves Appellant from Kshs 50,000 monthly maintenance order. The High Court has overturned a Magistrate’s Court order that had directed a husband to pay Kshs. 50,000 monthly maintenance to his former wife. Acting for the Appellant, we successfully argued that alimony should only be granted upon proof of genuine financial need and that professional skills or business ownership negate claims of "destitution." Key Takeaways from the Decision: The Judge clarified that "destitution" implies a state of complete lack of means. A divorcee who is a professional (e.g., a tailor) and runs a business cannot be legally described as destitute, regardless of how modest their income might be. The judgment emphasizes that the court must look at the "earning capacity" of a spouse. If a spouse possesses skills and a running business, they have the capacity to support themselves, and the other spouse should not be saddled with maintenance costs. Implications: This decision is a significant victory for Appellants in matrimonial causes, as it reinforces that judicial discretion must be guided by established legal principles and proven facts rather than mere sympathy. It sets a high threshold for spouses seeking financial support, requiring them to prove they are truly unable to provide for themselves. For more information kindly reach out! @joshuamalidzo @quincygitahi @Ndonglaw043
