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coverThe author first covers all aspects of meetings like notice requirements, agendas, resolutions and minutes of meetings. The next chapter covers rights and obligations of directors of companies. The subject of shares, registers of members transfer and transmission of shares and then forfeiture are also touched upon. There is a chapter of borrowing powers of directors. Then follows a discussion on the increase and decrease of share capital. Finally the author discusses company books and accounts and general duties of auditors.

 

The book then goes on to discuss the memorandum and articles of association (constitution) of the company, followed by different types of possible clauses. What follows is a questionnaire that one would have to complete, to start the ball rolling on setting up a company.


This handbook manual is a simple general restatement of the law of trusts. In it, the author has in straightforward language highlighted the importance of trusts in modern society and has explicitly compared and contrasted them with wills. What is also contained is a look at other concepts and principles which have an impact on the complex law of trust. The essential elements of a trust are also explained. Categorization of trusts into constructive, discretionary, protective, fully secret, half secret, resulting and charitable trusts is also concisely dealt with. Mutual Wills are dealt with together with secret trust. Appointment, retirement, removal of trustees, powers, of trustees and investment duties of trustees are explained. The importance of trust corporations in rendering executor and trustee services is also dealt with.

It is a simple analytical restatement of the basic legal principles both on substantive and practical probate law. Such vital practical aspects in probate practice as the mode of execution and revocation of wills including validity thereof are covered including the contentious subject on dependency.

In a subject as complex in language and construction as probate law, the author has meticulously used concise simple language with constant fluency that any reader interested in this important subject will find the book worth reading and educative. The book’s most poignant message is that one must make a Will and not only a Will but a valid Will for the sake of posterity.

Though it is not mandatory to consult a lawyer while making a valid Will, the author has highlighted, and rightly so, the necessity of seeking proper legal advice to ensure adequate guidance and thus avoid resulting pitfalls of subjecting a Will to protracted litigated construction suits. I recommend the reading of this book to all legal practitioners mainly as a handy guide on day to day ordinary probate business.” S. AMOS WAKO, EBS, EGH, MP ATTORNEY GENERAL. Previous long serving,reputable Attorney General of Kenya.


Included is a treatise on the origins of this process, the different kinds of alternate dispute resolution processes and the advantage over State Controlled Dispute resolution processes- The courts. He has also included reference to “the Power of an apology”, discussed online ADR systems. More important he has tried to expound a more altruistic view of dispute resolution using apt “Words of wisdom”. He tries to show that as Shakespeare put it “ to obtain a pound of flesh” Or to do it for the sake of revenge is not the right way to go. Arbitration is a more formal, involved ADR process which whilst gaining importance is the least understood process. He endeavours to make arbitrators or parties to an arbitration out of novices with the least amount of effort. He endeavours to demystify this creature called “Arbitration” His appendix not only contains sample agreements, rules etc but has sample arbitration clauses, not only for regular contracts but for Company constitutions, wills, and marriage contracts.


This treatise is the first of its kind on the subject. This book is a watershed on topics that has been mostly treated with awe. It has been found to be a simple, analytical restatement of the basic legal principles dotted with hallmark legal decisions reproduced in simple language and constant fluency.

It has been recommended for the international or Kenyan scholar as well those on the bench as well as legal practitioners and law students up to university level and generally those interested in the subject. It outlines suggestions on burial matters and “Living Wills” and “advance directives”.
The second edition has a section on Alternate Dispute Resolution systems in the context of wills and trusts. In the first edition, the author alluded to the need for a “wills Practitioner”. In this edition he refers to the worldwide Society of Trust and Estate Practitioners” which has already facilitated this in many countries.

He has included a chapter on the law reform scene in Canada in these fields, Human Genetic Intervention, the international scene with regard to the law of wills and trusts, all in the Kenya in context. This book is “all you wanted to know Wills and Trusts in Kenya but were afraid to ask”!
The first edition has forewords by the then Attorney General of Kenya in 1994, Hon S. Amos Wako EBS EGH MP

S. AMOS WAKO, EBS, EGH, MP ATTORNEY GENERAL.