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Swala Nyeti: Layman and Lawyer Discuss Legal Questions

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

By Harry Karanja
Swala Nyeti is a podcast that pairs a layman and a lawyer to answer your sensitive legal questions. It is sponsored by the law firm of Kiguatha & Company advocates and is for educational purposes only. Have a legal question? Whatsapp us on 0708 111 222 or email admin@swalanyeti.org.
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What are your rights if abducted?
In today’s episode, we discuss the constitutional rights of a person who is abducted, similar to the recent allegations of controversial blogger Edgar Obare who was taken by unknown people when he was about to attend a court hearing. Links to the story: https://www.standardmedia.co.ke/entertainment/showbiz/2001392522/kenyans-react-as-edgar-obare-accuses-police-of-kidnap-brutality https://www.ghettoradio.co.ke/they-stripped-me-naked-edgar-obare-narrates-kidnapping-ordeal/
16:11
November 4, 2020
Was quack doctor Mugo wa Wairimu's three year sentence enough?
In today’s episode, we discuss whether the sentencing of three years for fake doctor, Mugo Wa Wairimu, who operated a clinic in Nairobi without a licence is enough. Links to the story Nation: https://nation.africa/kenya/news/fake-doctor-mugo-wa-wairimu-gets-11-and-a-half-years--2724510 Capital FM: https://www.capitalfm.co.ke/news/2020/10/quack-doctor-mugo-wa-wairimu-handed-3-years/#:~:text=NAIROBI%2C%20Kenya%2C%20October%2028%20%E2%80%93,the%20Pharmacy%20and%20Poisons%20Board We are also on Youtube: http://bit.ly/swalanyetivideos
17:40
October 29, 2020
Is hacking really a crime?
In today’s episode, we discuss the JKUAT students charged with hacking a local bank and stealing millions. Should the students, Anthony Mwangi and Ann Wambui, be treated as thieves or lauded and given a job in the bank's IT security department for exposing its flaws. Links to the story: https://www.k24tv.co.ke/news/jkuat-students-charged-with-stealing-sh25m-from-ncba-bank-27577/ https://nation.africa/kenya/videos/news/jkuat-students-charged-with-hacking-bank-stealing-millions-2722798 We are also on Youtube: http://bit.ly/swalanyetivideos
19:43
October 28, 2020
Is he a dead beat dad?
Welcome to Season 2 of Swala Nyeti! In this first episode,  we are going to discuss what it means to be a responsible parent according to the law. Today’s topic we discuss allegations made by Maureen Waititu against her ex Frankie Just Gym It.    Link to the story: http://bit.ly/story49
14:55
October 27, 2020
Mashamba Monday II
Today we discuss questions related to land, which will be answered by Mbuthia Mwangi, a Conveyancing and Real Estate Lawyer. Question 1 My neighbour is encroaching on my land, claiming that I grabbed it from him and now threatening violence. What can I do? Question 2 The bank is asking for spousal consent to charge land in my name, but I am polygamous. What do I do? Question 3 I have a five-acre plot of land in Kajiado that I want to subdivide and sell. What is the process? Question 4 Someone sold me land in Nakuru, but he only had a Letter of Allocation. How do I get the title deed? Question 5 What is the risk of letting someone be a tenant as he also arranges for financing to buy my house?
08:34
October 19, 2020
Fuliza Friday
Today we discuss questions related to personal finance, which will be answered by Mathew Muinde, a Commercial Lawyer specialising in Personal Finance. Question 1 I was listed on CRB by a Microfinance. On enquiry I found out it was a loan taken out on a fraudulently acquired number, my line was used to acquire a loan without my consent. Therefore, can I sue the Microfinance and telephone company for this? Question 2 I took a loan from a mobile digital lender. It wasn’t much but the deadline for paying the loan has passed by two days and although I have promised to clear the balance in a week, the mobile money app has sent messages threatening to contact all the people in my phone contact list. Can they do this? Is it even legal? Question 3 I guaranteed a friend who took a loan from the SACCO and he recently passed away. The SACCO is now asking me to pay the loan. Can they? Question 4 My husband's accumulated debts from everywhere and auctioneers are even threatening to come to my house and even sell the furniture and things that I bought with my own money. Can they do that? Question 5 I need some breathing space to be able to pay my debts. If I declare bankruptcy, what are the implications?
08:58
October 16, 2020
Traffic Thursday
Today we discuss questions related to traffic-related offences which will be answered by Pamba Ouma Pamba, a Lawyer specialising in Litigation. Question 1 I sold my car recently and the new owner hit and ran someone before we had transferred and badly injured them. Later on, I was summoned to the police and was told I was being charged since I was the registered owner. Do I have a defence? Question 2 I was making a right turn on the road, when a speeding overtaking matatu crashed into me. The matatu denied liability, and the policeman claimed that he would have to get the motor vehicle inspection unit to assess both cars before determining who is in the wrong. Is this the procedure? Question 3 I was following Google Maps to get to a destination when it led me to a U-turn. The matatus in front of me weren’t stopped, but I was and told I was driving in the wrong side of a one way U-turn. Do I have a defence? Question 4 I was stopped in traffic and falsely accused of obstruction when I refused to hand over my driving license. Telling the police you could check online instead. Do I have a case?
13:18
October 15, 2020
Workers' Wednesday
Today we discuss questions related to employment and labour related issues which will be answered by Anyango Koile a lawyer in Commercial Law. Question 1 If I take up a promotion at my workplace where I am placed on probation does it mean that if I fail I even lose the job I have now? Question 2 I gave sexual favours to get my current job but now the boss has become too much. What are my options? Question 3 A casual I had fell and broke his arm while loading goods into my shops. I compensated him with a full month's worth of pay. Is there anything else I need to be worried about? Question 4 If I work in my own company but take out money only when there is a profit, do I have to pay P.A.Y.E and other statutory deductions? Question 5 How often does a labour inspection need to be done if I was found compliant the first time?
08:14
October 14, 2020
Toto Tuesday
Today we discuss questions related to child custody which will be answered by Wangui Waihura, a Lawyer in Family Law.  Question 1: My baby mama left the country with our child and now she says she’s not coming back. How can I see my child?  Question 2: My ex-wife has been disobeying the unlimited access order of my child. Will the court compensate me for the lost time?  Question 3: My child’s father is from Saudi Arabia, and that is where he was born. If I divorce him, can I keep the child here?  Question 4: How do I make sure that any parental responsibility agreement we had in Kenya will apply if she moves with the baby to the US?  Question 5: I’m willing to pay school fees, but only for the school of my choice. How can I enforce this?
10:31
October 13, 2020
Mashamba Monday
It's the layman versus many lawyers' episodes.  The first episode will be on Mashamba Monday. The questions on land-related matters will be answered by Mbuthia Mwangi a lawyer in Conveyancing and Real Estate Law. Question 1: What are the fees my cooperative is allowed to charge me before I get my title for the land that I have paid for in full? Question 2: How do I calculate the tax I need to pay KRA before I sell the property I bought last year? Question 3: What is the position about cultivating land that is next to a river? Question 4: Fraudsters are trying to sell my grandmother’s land to unsuspecting buyers. What can I do?
08:16
October 12, 2020
How can I close down my company in peace if I have creditors?
Since 2013, I have been running Christian tours and travel company. We had trips we’d organize to Egypt, Israel, and Rome. Before COVID, business was very good, and I had even taken deposits from customers for Easter trips and paid suppliers. My business had been growing through the support of my bank, who extended an overdraft to me secured against my father’s land. I had also leased some motor vehicles that I’d use for local tours to shrines and other places of interest. When the lockdown started, we had to dig into our savings and borrow from digital lenders, friends and family to keep afloat. We also asked our landlords and suppliers for some time to pay the outstanding arrears. However, it’s been over six months now and things do not look much better. Every day I am dealing with dozens of calls from different creditors who are also struggling. I feel overwhelmed and I have decided to just close this company. I will pay my creditors, but I need some time. How can I get this peace but still close down my company?
19:15
October 9, 2020
Can I lose a car I bought if the seller had also sold it to someone else?
I am in risk of losing millions of shillings and I need urgent advice. I supply construction material and had been looking for a reasonably priced pick up for my business. My brother-in-law offered to sell me his relatively new pickup for 2.5m. It was still jointly owned between him and the bank since he had bought it on loan. But after we signed the sale agreement, I paid him a 2m, and he gave me the car. After two months, I paid the outstanding 500k loan balance directly to the bank. He knew some people at NTSA so he organized and got me the logbook in one week. Last week I got the shock of my life when a woman contacted me to find out where the pickup is. She claimed that she had also bought the same pickup recently, but did it when she was out of the country. She claims to have the original logbook which is in my brother-in-law’s name and is just waiting to transfer it. When COVID restrictions ended she came to collect it and was told that I was hiring it. I am scared because I cannot reach my brother-in-law on his phone. I have decided to hide the pickup until I know what my legal rights are? What should I do?
19:55
October 8, 2020
Can I prevent my company from doing something if I am minority shareholder?
My late father was an astute businessman, and when he died, I inherited shares in a company he owned with six of his college buddies. All of them are directors, but I am just a shareholder.  The problem is that I discovered that these buddies are just milking the company for their own benefit. They recently sold some company land at a huge discount and I hear that the person who they sold to, gave them generous kickbacks but they left me out.  Every time I bring these issues up during general meetings, I get voted against. I can’t allow this to be my father’s legacy.  What can I do?
19:19
October 7, 2020
Can we pursue a defaulted hirer for an outstanding balance after auctioning the car?
My wife and I have been running a hire purchase company for the last few years, but it has been a real struggle. Our company helps people buy cars. Many times their cheques will bounce or they will try to remove the tracker and hide the cars. Luckily our brother is an auctioneer, so he helps us recover and sell cars whose buyers have not been paying. Two months ago, we repossessed such a car. The buyer had given it to a Shylock and his cheques had been bouncing. Because of tough times of Corona, we only got 150k when we sold it, but even then there was a balance of 50k left since he had only paid 400 out of the 600k. How can we pursue him for the balance?
12:46
October 6, 2020
Can I get assistance if an online shop sells me substandard goods?
Nilipata tender to supply a nearby school with laptops. Huku kwetu we don’t have suppliers so nikaenda online to a popular ecommerce site and I found a good model. Nilibuy and they sent the first one which was very good n ahata na skiza podcast yenu nayo.  So nikarudi nikamake order ya 50 pieces. Website ilesema out of stock for that supplier lakini wakarecommend another supplier with similar goods. Mimi nikalipa juu ni the same website lakini sasa vile wamedeliver nimeona these laptops ni 8GB na ya kwanza ilikuwa 16GB.  Nimeshaa kula hiyo doo ya shule na wanataka laptops zao. Sa nitado?
19:40
October 5, 2020
Can I stop my neighbor from rearing smelly pigs that are killing my tomatoes?
I am a small scale farmer trying to grow tomatoes, but my neighbor will not let me prosper.  He has started to rear pigs on his farm, right next to my tomatoes. But he is a chemist who I am told feeds his pigs with some drugs to make them grow faster and fatter. But the pigs are removing a very bad smell and waste and it is causing my tomatoes to dies. Only those tomatoes at the fence next to his are dying.  I have asked him to move his pigs but he says he has built a high standard pig sty and he is not trespassing on my land so I should not bother him.  Can the courts help me?
16:39
October 2, 2020
Can my wife's death by an accident be compensated if she is accused of causing it?
Four months ago my wife Janet and I welcomed a baby girl through a C-section at a local hospital. Unfortunately, recovery was very slow and Janet complained about her healing. She had been put on painkillers and given a cream but the wound would not properly heal. We were constantly going to the hospital.  A few weeks ago we stopped a matatu by the side of the road, to carry us to hospital. Janet was very weak so we could not go to the normal bustop. The place we were boarding from is a blackspot and a car overtaking from the other side crashed into us.  Unfortunately Janet died from her injuries. But the post-mortem also discovered that she had a surgical scalpel left in her from the C-section surgery.  The matatu people are saying they won’t compensate because it was our fault. Is this true?
18:55
October 1, 2020
Can I sexually harass my male employee if it was consensual?
I work as a senior executive in a tech startup which has Silicon Valley investors. In my role, I work with young energetic male engineers in demanding but rewarding assignments. It is normal that after work, we have drinks in the office bar, where I am happy to buy one or two for the guys. One of my engineers at times would get carried away after drinks and made several sexual advances at me since I’m divorced. I didn’t encourage the flirts and always kept boundaries in the office. However in this male dominated industry I still hanged out with them because it helped me build their trust since they considered me as one of the boys. In August, when travel had opened we went for a team building in the coast. As it came to an end I stayed behind for a few days and so did this engineer. In fact, I’m the one who approved his leave. One thing led to another and we slept together and several weeks afterwards we would meet at my place for sleep overs. Fast forward to last week, and out of the blue, I got a letter from HR being accused of sexually harassing this engineer. Can I be fired for this?
17:05
September 30, 2020
Is it illegal to have the police arrest our house-help if they don't have enough evidence?
My husband and I need guidance. Two months ago we went to a bureau to hire a house-help. We were desperate and took the best in the group even though she wasn’t our preferred type. A few weeks into her job, on a Sunday evening my husband said he couldn’t find an old laptop. He was sure he had kept it in our closet and suspected it was stolen. Earlier that morning the house-help had taken her off day and we figured she might have stolen it then. When she returned we asked her but she denied it and started insulting us with unprintable words. I told my husband it would be safe to lock her up or she might turn violent. I told the watchmen not to let her leave and then we called the OCS who is our family friend. He sent some police who arrested her and detained her overnight. In the morning they released her on free bond, but she never came back home. The police never found enough evidence so they did not charge her in court. However, the bureau called us recently and said a lawyer for the lady was asking for our details. Should we be worried?
18:46
September 29, 2020
Can I stop my neighbours from having noisy parties?
My name is Angela, I am a grandmother taking care my seven month old grandson, whose mother is working out of the country. I recently moved into her flat which is in a gated community in Nairobi. My issue is that there are neighbours who have been causing me sleepless nights since COVID lockdowns started. These young men and women party late into the night. Last week they started partying outside. They were roasting nyama choma, playing loud music, and smoking marijuana. The noise meant that my grandson could not sleep and now he isn’t feeding well because of stress. Last night I went and asked them to stop, but they claimed they were helping the security to protect the houses from thieves who had been stealing things from the estate. Their music was to turn the thieves away and the roasting was to keep them awake, fed and warm. I have asked the landlord but he is in agreement with them. The estate management on the other hand has ignored me. Can the court help me?
18:57
September 28, 2020
Can I sue someone who defamed me on a whatsapp status?
Good day. My name is JB, I used to be the CEO of a farmers sacco in my village, but I quit to start my own real-estate company which is doing very well. Six months after I quit, the new management did some bad investments and the sacco collapsed. Now a few days ago a famous blogger shared an article titled Farmers robbed by Pyramid Schemes on his whatsapp status. What was shocking was that he used an old photo of mine from the Sacco Facebook page. I did not see the status but a screenshot of it was shared in our family whatsapp group. Now my relatives have been calling me asking me if “niliyang’anya wakulima pesa”. I am distressed with all this negative publicity. Even my bank has now refused to approve a loan I requested and the blogger has refused to pick my calls. What can I do?
19:38
September 22, 2020
Can I sue my ex-girlfriend for giving me nightmares after we had an accident?
Three years ago, my ex-girlfriend and I were involved in an accident. I was riding my motorbike and she was a pillion passenger. We were heading to visit my mother who had called me that morning asking me to come see her. The accident happened because my girlfriend kept nagging me and saying bad things about my mother. She claimed I was a mama’s boy and not a man. This made me angry and as I turned to tell her to shut up, a lorry swerved in our lane and I crashed into it. Luckily none of us were injured except for a few scratches but my motorbike was a write off. After that day, she broke up with me but the accident left me stressed. I keep waking up at night having nightmares. I can no longer eat well or focus on my job. I think she should pay for what she did to me. Are there any options in law?
14:35
September 21, 2020
Recap 3 - Employment and Labour Law
In this episode we answer questions on Probation after promotion, Legality of Unpaid Leave, Meaning of Sabbaticals, Bonded employment contracts Minimum period of employment before suing for Unfair Termination, Meaning of Vicarious Liability
12:19
September 19, 2020
Can my uncle legally sell me my grandmother’s land?
Last year my uncle I’ve known since I was a child asked me if I would be interested in buying some land in the village where he had a small farm. He owned a one acre plot although the title was still in my late cucu’s name. He told me that he had inherited it from her many years ago before she died. He said he had never transferred it to himself because he didn’t have money to process the title. He promised that if I paid he could help get the title. I paid the amount and an extra 30,000 to process the title. Two weeks later he brought me the title to the land in my name. I did a search and confirmed it had been transferred to me.  However, now my other uncles are now saying that I stole my cucu’s land and that my title is fake? They’ve said they will get it cancelled, what should I do?
18:03
September 18, 2020
Do I need to go to court or can I use the police to kick out squatters?
My brother and I started a property business five years ago. Our initial capital was 10 acre piece of land which we inherited from our late grandfather. The property was a lease hold with a term of 99 years beginning from 1st January 2004.  Our late grandfather’s farm manager who lived nearby promised he could take care and show it around as we identified buyers. So we got the title transferred to our company, and started marketing it.  Imagine our shock therefore when a potential buyer who visited, said that we had to clear the structures first before he could buy. We rushed to the site to find that the farm manager’s sons had set up mud houses on one corner of the farm and were living there with their families. They claimed they had been born and always lived there and that it is the only home they know.  We are saddened by the betrayal but need to kick these trespassers out. Can we do it with the Provincial Administration or do we have to go to court?
16:59
September 17, 2020
Can I sell an apartment that I bought off-plan before I complete paying for it?
I live and work in the US but I am a Kenyan and want to retire there.  A few years ago, a cousin of mine introduced me to some property developers who were selling off plan apartments. The prices looked very affordable and the location was good. I researched the company and saw they had successfully completed other projects so I had some confidence. I went ahead to sign an agreement and started making the installment payments which were to be completed in one year. But halfway through the payments my cousin told me the company had not even broken ground and nothing was happening on the site.  I am now worried that this might be a scam but I’ve already paid millions. If I find someone to sell it, can I?
15:14
September 16, 2020
Can I Prevent Access to the River through my Shamba?
My family has operated a banana plantation and pawpaw farm in Machakos county for the last 15 years. Our 20 acre farm borders one of the Athi River tributaries on one side. For many years, the community has passed through part of our land on one of the edges to access the river for water for their animals.  However recently I noticed that they were no longer fetching using jerry cans but water bowsers pulled by a small truck or motorcycles. They also have destroyed part of my fence to fit the motor-vehicles. I have asked them to stop but they claim that the river belongs to the government and they have a letter from the Ministry allowing them to fetch the water.  I am tired of this. The soil erosion they are causing as well as damage to my land. I can’t allow this to continue anymore, how can I stop them?
14:07
September 15, 2020
Can a lawyer who released the deposit to the seller in a failed land transaction be forced to refund it?
Two years ago our Chamaa approached a property owner to buy his plot for Sh.50m. We entered into a sale agreement and paid a 10 million shilling deposit to the seller’s lawyer. We agreed that the transfer documents would be ready and the balance would be paid within 90 days. Unfortunately we had not gotten the money by 90 days but asked for an extension to raise it. On day 120 we explained that our Sacco had informed us they could give us the balance if we gave them the title deed. When we asked the lawyer for the title he said that we had delayed and the seller had found another buyer. When he asked for our money he said by law we had lost the money. We now have no money, no title and no land. But the lawyer is driving around a big car, can he be forced to refund?
19:23
September 14, 2020
Recap 2 - Divorce & Matrimonial Property Law
In this recap, we respond to questions raised after our episodes on divorce which ran from Episodes 16 to 20. Among the issues we explore are the grounds for divorce, meaning of collusion, matrimonial property acquired during separation, failure to pay spousal maintenance, registration of marriages, void and voidable marriages
11:18
September 12, 2020
Can I be forced to pay my house-help 20,000 per month if she doesn’t live with me?
I am a mother to a 2 year old baby girl. My husband and I have been living in a three bedroom house in Kilimani, with one room for our daughter, one for us and one for the household. I pay my house help 12,000 because she has worked well with us since our daughter was little. Last week, we received the happy news that we are pregnant with twins. But when I told the house-help, she became angry and withdrawn. Later she said she doesn’t want to live in the house but would move to Kawangware and come on a daily basis. We quarreled but I agreed to add transport if she can come by 6 AM and leave at 8 PM. I was therefore shocked to get a letter today from a lawyer telling me that I have to pay the house-help an amount equaling 20,000 a month or she will sue me in labour court? I am desperate because she is a good worker, but the amount is too high. Can I really be forced to pay this amount?
16:19
September 11, 2020
Can my employer pay me my terminal benefits in installments over one year?
I have had a dream job with an NGO for the past 10 years. That was until COVID-19 happened. All of a sudden I noticed they were not paying on time. When I asked they would tell me that I had to finish some project reports before they could get enough money. And even when they paid, it was in installments paid slowly over the whole month, making it tough for me to meet my bills. They now keep adding more tasks some which are very different from my job description, and making it almost impossible to finish which is a condition to be paid. When I complained they told me I was even lucky I have a job but if I am to quit, they can only pay me my terminal benefits over 12 months. Is this fair?
15:34
September 10, 2020
Can I punish an ex-employee who is poaching my clients and my employees?
I run a high-end garage in Nairobi where I have several mechanics and technicians and they earn based on their work. Despite the ups and downs of business and more so COVID I have always treated them well. Recently one of my mechanics left after his casual messed up a client’s car who is now suing me for hundreds of thousands of shillings. To make things even worse, this mechanic opened a rival garage not very far away and is now poaching my best people and clients claiming that I mess people’s cars. I feel very aggrieved from his actions. How do I punish him?
11:17
September 9, 2020
Can I stop my teachers from working other places when on unpaid leave?
I own a private school in Embu where I had employed 25 full-time teachers. My school’s reputation is very good because of my teachers, and I have spent a lot of time and money training them. When corona happened, we agreed that they would go on unpaid leave until school resumed. However, the schools only opened virtually so I pay them only for the hours they teach and buy them bundles. My teachers are very good because I train them well but they are saying the money is not enough. They now want to work for other schools because the virtual classes are only one hour a day. I can’t afford to pay more, but I can’t allow them to work elsewhere. How can I stop them?
13:26
September 8, 2020
Can I sue a parastatal that fired me after being an intern for 12 months?
My uncle helped me find a job as an intern in one of the parastatals a year ago. He told me that I would work for six months and then be promoted depending on my good work. But the HR only emailed me saying I was a casual on probation. She assigned me to work as an assistant to an officer. They would pay me per diems from time to time. Then after I came back from a short sick leave, the HR told me they didn’t need casuals anymore and I was fired. Can I sue the parastatal?
14:20
September 7, 2020
Recap 1 - Landlord and Tenant Law
In this recap, we respond to questions raised after our episodes on landlord and tenants. Among the issues we explore are the meaning of a periodic lease,  what to do in cases of unlawful evictions, when a bank can exercise its statutory power of sale for a charged property, what a forced sale valuation means, controlled tenancies, distress, and orders.
16:26
September 5, 2020
We got married abroad, can we get divorced in Kenya?
Last October, when living in the US I had a whirlwind romance with an Ethiopian who had asylum in the US. One crazy night, we drove down to Las Vegas and had an overnight wedding. We agreed that we would come build a home here in Nyali, where I have a house. I left after a few months and he was supposed to follow me here. But now it’s been over six months and he keeps giving excuses why he can’t come. I got tired of his excuses and I am thinking I made a mistake and want to divorce him, but I don’t want to travel to the US. Can I do it here in Kenya?
15:52
September 4, 2020
If I marry a sugar mummy, can I divorce her and keep half the property?
I’m a college student but have big dreams. Last year I met this rich mama on Facebook. We flirted for a while, before starting an affair. She’s much older than me but she’s loaded so she takes good care of me. In fact we were chatting on Facebook and she said we should get married, but only if I promised that if I left her, I wouldn’t get a dime. I said ok, but I’ve been thinking lately. I want to marry her, but if I get tired of her I’d like to divorce her and get half her property. Is this something I can do?
14:31
September 3, 2020
Can we get divorced if we stop loving each other but have no other problems?
My husband and I had a fairy tale romance. We were high school sweethearts. He was an athlete in high school who went on to become a famous architect. I started modelling at 16 and studied to become a doctor. Our wedding was the talk of town for years. We have success in our careers, lots of money and property but never got children. After 13 years, we both realized that we no longer love each other though we treat each other civilly. We sat and agreed that it’s best to end our marriage since we don’t want to live like brother and sister. Can we get divorced if we are not enemies?
12:24
September 3, 2020
We fear our neighbour beats his wife. Can we help her divorce him?
One of our neighbors is a government officer who lives with a very young wife. Every morning, when the man goes to work, this wife sits outside in the balcony crying. She doesn’t speak English well but refuses to say what’s wrong but at night we hear her screaming as if they are fighting. We fear for her life but our friends tell us not to interfere in other people’s business. This has now been going on for the past five months and we are getting worried. We heard that you can divorce someone if they beat you? Before we go speak with her we need your advice on how we can help her to divorce him.
13:01
September 1, 2020
He had a secret wife before me? Can I divorce him?
Four years ago I met this very dashing gentleman. After dating for a while, he proposed marriage and we visited my parents at home for blessings. He made sure to meet all our traditions, and even paid bride price in a lovely traditional ceremony. He didn’t stop there, but went ahead to give me a beautiful white wedding where I was the envy of all my friends. Now after living with him the past two years, I have discovered he had a dark secret. A woman confronted me on Facebook claiming that she is my husband’s legal wife for the past ten years. She says she was bedridden the past few years so had relocated to the village. My husband has confirmed it and I Am so disgusted I want to divorce him. Can I?
13:22
August 31, 2020
Can a tenant fail to pay rent for 6 months when he gets a BRT order?
I am a landlord in Riruta of a commercial property. I have a difficult tenant who pays rent when he wants to. Last time I tried to evict him, he went to the business rent tribunal and got an injunction against me. Now since that order, he says he doesn’t have to pay rent for 1 years and it has been six months since he did. I am desperate. Can I kick them out?
10:25
August 28, 2020
Can the auctioneer sell the car I bought at 1 million at half its price?
I have been renting office space in Westlands where my team works from. Since the pandemic started though, I asked everyone to work from home. I tried to negotiate with my landlord to waive rent until things picked up but he refused to listen. In fact, he sent me auctioneers and when I went to the office to meet them, they also took the car I was driving claiming that it would settle the arrears of K.Shs. 500,000 that we had. I don’t mind settling the arrears but I bought this car for 1 million last year and it is practically still new. Is the auctioneer really allowed to sell my car at half price?
10:16
August 27, 2020
Can I lock out my tenants who have refused to pay the rent?
My wife and I worked very hard for many years, saving and denying ourselves. Eventually we managed to construct fifty one roomed houses in Kangundo whose rent we depend on to support our children and grandchildren. Because I don’t like trouble I vet my tenants very carefully. But in the past few months, none are paying. Everyone is crying corona, corona. I see other landlords locking the houses with a padlock, and then the tenant pays. I want to follow the law, so I am asking you this. Can I lock their houses?
08:46
August 26, 2020
Can the bank sell my house if I don't pay my mortgage for 3 months?
My wife and I bought an apartment in Kilimani 16 years ago on a 20 year mortgage. We have been paying more or less on schedule using money from our salaries and sometimes from the business. However when the pandemic struck I lost my job and my transport business is doing very badly. We started struggling to make payments until it we realized it made more sense to buy food instead. The last three months I have paid very little and then last week I got an email from the bank. They say that they are going to sell my house. I have tried to talk to them but they don’t seem to want to listen. Can they really sell after defaulting for just three months?
12:41
August 25, 2020
Can my landlord evict me if I refuse to pay more rent when my lease expires?
I stay in a 2br flat in Donholm where I pay KSh. 15,000 per month. When I moved in, I signed a one year lease which expired one month ago. I started hearing rumours that the landlord has gotten some foreigners who want to pay double the rent. I have asked him to renew my lease but he has refused unless I pay double the rent. I’m very worried because it’s hard to get a flat at a similar price here. He is now threatening to evict me at any time. Can he?
09:07
August 24, 2020
Can they take away my son because I'm a widowed stepmother?
Four years ago, I got married to a man who was widowed. He was the only child to his mother who is still alive. When we got married he had a four year old boy who I loved with all my heart. I would feed him, bathe him, take care of him when he sick, and help him with his school work. On Sundays we would go to church together and he even called me Mom. Unfortunately my husband got into a bad accident and was hospitalized. In hospital, we spoke about our son and I promised I would take care of him whatever happened. Unfortunately he died. Out of the blue my mother-in-law came with police to the house to pick my son. Thank God, that day we were not in but now I am living in fear that she will take my son away from me. She has sworn that her grandson cannot be raised by a stepmother. My question is. Can they take my son away from me?
11:07
August 21, 2020
Can I force my abusive ex-husband to pay child support ?
I have lived with the most abusive husband ever. From our wedding night, he started beating me and he has not stopped ever since. Even when I was pregnant with both our children he would beat me. It made me depressed, and I turned to alcohol and smoking marijuana to get through the days of hell. I was afraid of leaving him because I didn’t have a job or education and he threatened that if I left him, he would cut off support and me and my children would become chokoraas. My children are seventeen and twenty years old but live at home. The twenty year old has a medical condition that requires full time care and a nurse. But last month my husband almost beat me to death and I couldn’t stomach it anymore so I packed our bags with the children and left but now I am really worried. How will I pay for my children? Can I force him to pay child support ?
09:03
August 20, 2020
Can I use the fact that my ex-wife cheated on me to deny her custody of our daughter?
I had a traditional wedding seven years ago with my high school sweetheart. One of the things we agreed at the very beginning was that we would remain faithful to each other. And if any of us were not able to do so, then that person would walk away and never come back. I thought we had a good life and we had a daughter together and built a comfortable life. To my shock, horror, and surprise, one afternoon I came home early to find her in our matrimonial bed with her male colleague. I immediately asked them both to get the hell out. Now, she has sent me a letter from a lawyer demanding custody of our daughter, and I need to know Can I use the fact that she cheated on me to deny her request for custody
06:59
August 19, 2020
Will the court forgive me for disobeying custody and maintenance orders because of COVID?
I hope you’re keeping safe in this COVID season. Personally I decided to move a few weeks ago back to the village because of the high cost of living in Nairobi and the rising cases of Corona. I share custody of two children with my ex wife and I left Nairobi with them, as it was my turn to be with them. My ex-wife is a nurse who is working at the front lines and I have been stressing every day about the children getting corona. Now, according to the custody order I am supposed to send her 15k every month and I am to take them back to her in a few days but life here in the village is so good and clean for them that I am thinking it is better for them to stay here and instead I spend the 15k here on their upkeep? I wanted to know Will the court forgive me for disobeying custody and maintenance orders because of COVID?
08:54
August 18, 2020
Can I restrict custody of my 4yr old daughter from my irresponsible ex husband?
Hello, I need urgent assistance. I have a four year old daughter who I have been raising more or less on my own since she was born. The father, who is my ex and who doesn’t live with us, is very irresponsible. He does not contribute to the upkeep required for my daughter. Sometimes he brings her toys and gifts even after I have told him it is better to bring her food or pay our rent instead. My problem is now all of sudden he wants to take the girl to his house over on weekends. Can I prevent him?
08:47
August 17, 2020
Can I inherit from my dad if my mom was his mpango wa kando?
My mom died when I was very young and I never knew my dad. One day however I received a letter from a man introducing himself as my dad who said he lived in Kitale. He said he was sorry for not being in my life and asked me to go see him soon. Unfortunately before I could travel, he passed away and instead I met his family when I went for his matanga. My dad was a wealthy landowner and businessman who was survived by a widow and several children older than me. When I told them who I was, they insulted me as a gold-digger and a mtoto wa mpango wa kando and told me I should not dream of getting even a cent from his estate. Later I heard that they had gone to court and were allowed to share his property but they never gave me a cent. Does it mean that just because I’m the daughter of his mpango wa kando, they can leave me out of the inheritance. Can I challenge that now that they’ve already divided the property?
07:22
August 14, 2020
Can I recover my loan after the person I lent to dies?
I run a wholesale shop and supply several shops and supermarkets in my area. One of the supermarkets I supply was run by a man who I learnt last week has passed away. Just before he died he had taken goods on credit worth one million shillings. I have tried to visit and speak with the family about this, but they do not seem keen to pay back. My question therefore is Can I recover my loan after the person I lent to dies?
07:60
August 13, 2020
Can my late father’s mistress inherit his property?
Our dad died recently after years of liver disease. He was a rich man with a lot of property and cash in his name. However he did not leave a will and now we want to get letters of administration for him. He was survived by his wife, our mother, two sons and four daughters. We are worried now because my father had a mistress who he had been spending the weekends with. The woman has two children, one who is six and the other who is two years old. The older child is of mixed race but the younger one bears some resemblance to our late dad. We know this because of pictures we’ve seen but our dad never introduced her and has tried to keep her a secret all this time. She has now threatened to stop the burial unless she is given some of his property. My question is Can my late father’s mistress inherit his property?
07:40
August 12, 2020
Are minutes of a meeting held from one’s death bed a valid will?
My mother had been in hospital on and off the whole of last year after being diagnosed with diabetes. Last October the doctors told us she had contracted an infection that would need surgery. Before her surgery she called us to her hospital bed. Our late father had left her many pieces of land and money in the bank account which she wanted us to have in the event of her death. She asked us to share these between me and my two sisters, a cousin of ours who is like a brother, and her only surviving sister, our aunt. All of us were in the room when she said this. My cousin wrote down minutes of this meeting and then we all signed it. Unfortunately she fell into a coma after the surgery and six months later she died. What I want to understand, are the minutes like a valid will?
08:42
August 11, 2020
Is it necessary to write a will for my children to inherit my property?
I am retired civil servant in my 70s now engaged in business and farming. Over the past fifty years I have purchased shares, land and other assets, which is now quite substantial. I am married with four adult children and two grandchildren. I also have a child from a previous relationship, although I never lived with him or his mother.  Recently I have been having more hospital visits and it made me think about what will happen to my property once I am gone. I would like for all my children to have a share of it. So my question is: do I need to write a will for my children to inherit my property?
08:11
August 10, 2020