That question is no longer hypothetical.  Today, many of us have received repeated alerts sent by unfamiliar vendors and service providers. They seem like spam messages hence why we quickly delete them from our phones but here is another reality: the phone number you have once belonged to someone else who freely subscribed to those vendors/service providers.

In Kenya today, a phone number is more than a contact, it is a digital identity. It underpins banking, M-Pesa, e-Citizen (government services), tax, land registration systems and even healthcare access. Every sign up and login access to these systems creates a permanent link between a person and their number, but that link can quietly be compromised.

When your SIM card remains inactive for a number of months, it is eventually reassigned by the mobile network operator you are on. The number moves on, but the data tied to it often does not. Alerts, records, verification codes and confirmations for various payments continue to flow, now reaching the new holder, who begins receiving fragments of transactions that are not theirs. This is not just an inconvenience; it is a structural risk.

The High Court confronted this reality in Erastus Ngura Odhiambo v State Law, where a Kenyan lost access to his number after it was reassigned, cutting him off from financial updates and communication, while his sensitive information continued to be sent elsewhere. The Court recognized a phone number as a protected digital identifier and exposed a deeper flaw, the reassignment/recycling of numbers operates without adequate consent, notice or technical safeguards to separate identity from data.

The High Court ordered reforms, requiring informed consent, proper notification, and technical protections to prevent data leakage failing which the practice itself would have to stop.

Systems continue to treat phone numbers as permanent identifiers, even as mobile network operators treat them as reusable resources. The result is a dangerous gap where identity lingers long after ownership has changed.

The real risk goes beyond stray messages. If a recycled number remains linked to banking or government platforms, verification codes may be sent to the wrong person, opening the door to serious data breaches with far reaching consequences.

The High Court’s decision is a welcome warning, a signal that the law is beginning to catch up with the realities of a phone-driven society. But it is not, on its own, a solution. Until systems are redesigned and identity is treated as something more than a reusable number, the risk of losing your personal data and receiving someone else’s personal data remains very real. Somewhere, even now, another message is being delivered to the wrong recipient, putting mobile network operators on the spot, a spot we are watching keenly following the High Court decision.

This publication is meant for general information only and does not constitute legal advice, nor does it create an advocate-client relationship between any reader and Mboya Wangong’u & Waiyaki Advocates. For particular expert advice on any matter dealt with above, please contact us on advocate@lexgroupafrica.com for tailored legal support.

Authored:

Mary Ndung’u and Serah Kamau

Linus

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Linus

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As an esteemed member of TAG Alliances, the Firm is integrated within a worldwide network of distinguished, high-calibre law firms encompassing more than 275 member firms across over 105 countries. TAG Alliances comprises a multi-disciplinary alliance of independent service providers, including TAGLaw (lawyers), TIAG (The International Accounting Group), and TAG-SP (Strategic Partners). Notably, TAGLaw holds the distinction of being recognized by Chambers & Partners as “Elite – Band 1”, the highest designation awarded to legal networks and alliances globally.

The Firm commands a formidable reputation across a range of specialist practice areas, including transactional legal services, capital markets, energy and projects, capital raising, real estate, banking and finance, estate planning and administration and commercial dispute resolution.

The Partners present a rare combination of technical expertise and seasoned commercial practice, cultivated over decades of handling complex, high-value transactions. They are supported by a highly skilled and discerning team of associates and legal assistants, ensuring that the Firm’s exacting standards are brought to bear on every client engagement.

Linus

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A: It simply fails.

A Will only takes effect upon death. Until then, the testator retains full control over their assets and may sell or transfer them at any time. In other words, a bequest is not a guarantee, it is an intention that can change through actions, not just words.

Imagine this🤔: a father leaves his car to his son in his will. A year later, he sells the car but fails to update his Will. When he eventually passes on, what does the son receive under that clause?
Nothing.

Under the Law of Succession, if a specifically gifted asset is no longer part of the estate at the time of death or has been substantially changed, the gift is extinguished. The law treats it as though the bequest was withdrawn.

This concept, known as ademption, means the asset is gone and therefore the gift fails. The son loses out on that inheritance. It is a powerful reminder that estate planning is not a one-time event. Circumstances change, assets are bought or sold and your Will should evolve accordingly.

What happens, then, when a Dependant feels excluded because they receive nothing.
They may apply to court for reasonable provision. A Dependant is entitled to such provision, and the court has discretion to award a share of the estate.

Takeaway: If it’s no longer in your estate, it cannot be inherited. Regularly
review and update your will to ensure your intentions remain aligned with reality.

Now you know- Plan wisely
This is general information only- contact us for legal advice.

Linus

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In many family businesses, the founder is the everything, the CEO, Chairman, Director and principal shareholder, with only nominal shares held by the spouse or children.

They are often the sole bank signatory, the ultimate decision-maker, the face of the company to suppliers and contractors and the person everyone turns to when something goes wrong.

But what happens if that person is suddenly not there❓
🔸What happens to cashflow?
🔸Who pays salaries?
🔸Who has authority to bind the company?
🔸Who can engage the bank?
🔸Who reassures employees and clients that operations will continue?

And the obvious question emerges: Who Is In Charge?

This scenario is more common than we admit. When governance structures are weak, valuable time is lost. Family members with little operational experience step in under pressure, Employees grow uncertain, Conflict brews. Clients quietly begin to look elsewhere and business is disrupted.

The solution? Build a business that does not depend on one individual.
Put proper Governance and Ownership structures in place: ensure

🔹there is a business continuity plan for such eventualities
🔹Clearly documented levels of authority
🔹Multiple authorised signatories
🔹Defined operational leadership &
🔹A well-documented succession plan

Succession planning is not about replacing you.
It is about protecting what you have built and ensuring continuity beyond you.

Now you know- Plan wisely
This is general information only- contact us for legal advice

Linus

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One may assume that divorce permanently severs all financial ties between former spouses; but under the Succession Act that is not entirely accurate.
The Act defines a “dependant” to include:
… “the wife or wives, former wife or wives, and the children of the deceased whether or not maintained by the deceased immediately prior to his death.”

This means that a former wife qualifies as a dependant and may apply to court for reasonable provision from the estate.

In determining whether to award provision, the court has discretion to consider:

💠Her financial position and earning capacity
💠Whether there was a divorce settlement
💠The length and economic interdependence of the marriage
💠The size of the estate
💠The needs of other beneficiaries
💠Whether reasonable provision has already been made

Note: A separated wife continues to qualify as a wife for succession purposes and is therefore a dependant. The same position applies to a separated husband.

Where there is a valid Will, these issues can be addressed deliberately rather than left to litigation.
A carefully drafted Will can:

🔹Clarify your position regarding a former spouse
🔹Confirm that adequate provision was made during divorce
🔹Make express provision if appropriate
🔹Reduce ambiguity that fuels estate disputes
🔹Divorce ends the marriage; Failure to update your estate plan keeps the issue alive.

Now you know- Plan wisely…
This is general information only- contact us for legal advice.

Linus

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In many cultural settings in Kenya, the firstborn son is expected to assume leadership of the family. By virtue of that role, he is often perceived as deserving a larger share of the family estate. These cultural expectations continue to influence succession matters today.

In reality, traditional expectations and legal entitlement are not always the same.

Under the Law of Succession Act, where a person dies without a Will, children are generally entitled to inherit equally. The law does not recognise birth order or gender as a basis for preferential treatment.

Where a valid will exists, a parent may distribute their assets as they wish, including allocating a larger share to the eldest son, provided reasonable provision is made for other dependants. In some cases, a larger allocation may be justified. For example, where the eldest son has actively contributed to building the family assets and has shown strong leadership, a parent may consider him better positioned to manage assets.

However, if the eldest son lacks discipline or competence, granting him a larger share could jeopardise the estate and create division within the family.
Inheritance should be based on fairness, contribution and structured planning. Birth order and gender alone does not create legal entitlement.

Now you know- Plan wisely.
This is general information only- contact us for legal advice.

Linus

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Leaving equal shares to your children often feels like the fairest choice, and in many cases it may be. However, equal does not always mean fair.

Consider this: if one child is still in school and another is already working and financially stable, should they receive the same share when the younger child may still need support for education? Or if one child has special needs and requires lifelong care, would equal distribution really meet their needs?

Kenyan courts have affirmed this position and have recognized that in some situations, equal distribution could actually result in injustice.

That said, when a person dies without a will, the intestacy rules under the Law of Succession Act apply, and the estate of the deceased person is typically shared equally among the children. This may not reflect the true intentions of the deceased.

A good estate plan gives you the flexibility to provide for your loved ones according to their specific needs. When your wishes are clearly set out and communicated to your family, it reduces uncertainty and conflicts.

Now you know—plan wisely.

This is general information only. Contact us for legal advice.

Linus

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A. Too often we’ve seen children inherit significant wealth and it disappears seemingly overnight. How can parents use Trusts to protect and preserve wealth?

A well-structured Trust allows parents to appoint responsible trustees to manage assets and make decisions in the child’s best interest. For larger or more complex estates, a corporate trustee can add professionalism and continuity.

The mode of income and asset distribution is just as critical. Rather than a lump-sum inheritance, parents can choose:
·       Staggered or periodic payouts
·       Funds earmarked for education, healthcare, and maintenance
·       Age or milestone-based distributions &
·       Duration of the Trust
to control when and how the children benefit.

Trusts are powerful tools, but only when they are properly structured to reflect a family’s needs and values.

A well-designed plan ensures wealth is preserved to support the family for the long term, not just the moment inheritance is received.

Now you know- Plan wisely.

This is general information only- contact us for legal advice.

Linus

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