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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 Harry Karanja & 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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Can I force my abusive ex-husband to pay child support?

Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsAug 20, 2020

00:00
08:49
Is it possible to sue my baby daddy to pay for the lifestyle he accustomed me to?
Jan 12, 202223:37
Will I be liable for my house-help's abortion that's gone wrong?
Dec 10, 202119:25
Can I get my salary arrears if I've been falsely accused of stealing clients?
Nov 17, 202118:12
Can I be punished for impregnating my high-school girlfriend?
Sep 23, 202121:35
Can a teacher slap my child?
Sep 21, 202116:32
Can my side-chick force me to pay her for an unborn baby?
Sep 16, 202123:34
Can you sue Kenya Power if someone dies from stepping on a live wire?
Sep 14, 202118:34
Can I punish a lending app for listing me on CRB despite paying my loan?
Sep 10, 202117:42
Can I get a taser to prevent useless men from grabbing my butt in the matatu?
Sep 08, 202114:06
Can I still divorce him if he refused to accept divorce papers?
Sep 06, 202117:18
Can ‘Alejandro’ who stole my mum's money and heart in the high seas, be forced to refund it?
Aug 13, 202118:46
Can I enforce the sales contract that I entered into while drinking with the buyer in a bar?
Aug 12, 202116:01
Can I sue my husband for failing to pay me for planning his second wedding?

Can I sue my husband for failing to pay me for planning his second wedding?

In today's episode, we discuss the legality of suing your spouse while you are married.

I am a wedding, and events planner and I’m married. My husband decided to take a second wife, and I was the wedding vendor. That’s the short version.

I got married traditionally, and my husband decided to take another wife. He told me if I was to accept the second wife he’ll give me the job to plan the wedding and I’ll pocket 500,000Kshs which was my fees. I took the job as a favour to my husband and my pocket. My husband knows how good I am at what I do. I plan and manage weddings successfully.

When I took this job, I trusted that he would make good on his promise. My husband paid a deposit and asked to pay the rest in instalments since they were raising money through a wedding committee. I accepted, and I handled everything except for food and transport and I included cake in my package. Their bill for everything for their big day amounted to 847,600/- tax inclusive. They have paid me a total of 500k.

The bride has since had her wedding and by the morning of the wedding; she told me that the committee couldn’t raise enough money. She has pushed, but she is frustrated since she lost her job 3 months to the wedding and they have depleted their savings as a couple. I did this as a favour to my husband and he has been using his new wife to communicate to me. It's been 6 months since the wedding and no communication from their end. I have bills to pay since there is a new wife and I need my money since I delivered on the job. How can I pursue her legally? My letters to them are not being acknowledged, neither am I getting a response.

Research by Maurine Kerich (maurine@swalanyeti.org)

Aug 06, 202113:59
Can my husband sue his parents for failing to pay for the upkeep of our child?
Aug 05, 202115:50
Can I get compensated for my wallpaper after the landlord kicked me out?
Aug 02, 202115:27
Do I need witness protection if I snitch on my thieving colleagues?
Jun 25, 202115:07
Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan?

Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan?

In today’s episode, we discuss whether one can force their SACCO to pay rebates after paying off a defaulted loan they owe the SACCO.

I borrowed some money from my SACCO 3 years ago which I was to pay in 60 instalments over 5 years. However, around 1 and a half years ago, I started facing challenges in my business because of the COVID-19 Pandemic that prevented me from making payments regularly. I, therefore, fell very behind on my payments but would make a payment now and then when I could. 

Recently, the SACCO announced its the end-of-year results, and one of the things I was expecting was to receive a rebate, which I would have used to reduce my debt. However, I was shocked when the SACCO told me that they would not be paying my rebate. We went through the rules with the SACCO and there is nowhere it says if you’ve defaulted on your contributions that you are restricted from receiving Rebates. All it requires is that you’ve made at least 4 contributions of a certain amount in a year to qualify for rebates. When I showed this to the SACCO, they agreed I had met the requirements. However, they then claimed that they had not even charged me interest for my late payments and that if I insisted on the rebates they would load the interest on my debt for late payments. Right now, I decided to leave it because my business is still down and I might not be able to make regular payments and I don’t want to make them my enemies. But I want to know once I finally pay off my loan, can I force them to pay for those rebates which I believe are owed to me?

Research by Muendo Manthi (muendo@swalanyeti.org)

Jun 23, 202112:36
Can I get my neighbour arrested for employing my child?
Jun 21, 202115:10
Is it a crime to have a baby with my cousin?
Jun 18, 202118:59
Can I be protected from harassment from digital lenders where I guaranteed someone?
Jun 16, 202117:49
Can I recover my loan after the person I lent to dies?

Can I recover my loan after the person I lent to dies?

Today’s episode is from a previous discussion on loan recovery from a deceased person's estate.

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 recently 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.

Can I recover my loan after the person I lent to dies?

This episode was first published on September 13th, 2020

Jun 04, 202107:24
Can I sue a parastatal that fired me after being an intern for 12 months?

Can I sue a parastatal that fired me after being an intern for 12 months?

Today’s episode is from a previous discussion on employment termination of internship and casual employment.

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 diem from time to time. Then after I came back from a short sick leave, HR told me they didn’t need casuals anymore and I was fired. 

Can I sue the parastatal?

This episode was first aired on September 7th, 2020.

May 31, 202113:06
Can I marry, divorce, and keep half the property of my sugar mummy?

Can I marry, divorce, and keep half the property of my sugar mummy?

Today’s episode is from a previous discussion on whether a matrimonial property agreement is valid if it’s given verbally.

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?

This episode was first aired on September 3rd, 2020.

May 28, 202113:06
Can I punish a former employee for poaching my clients and giving my business a bad image

Can I punish a former employee for poaching my clients and giving my business a bad image

Today’s episode is a rerun from a previously aired discussion, where an employer wanted to know how to deal with a former employee who was poaching his clients and 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. T

o 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 with people’s cars. I feel very aggrieved by his actions. How do I punish him?

This episode was previously aired on September 9th, 2020.

May 26, 202110:35
Recap - Can I divorce him if he is already married?

Recap - Can I divorce him if he is already married?

In today’s episode, we recap a previous discussion on whether you can divorce your spouse if you find out that they are already married.

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.

I am so disgusted I want to divorce him. Can I?

This episode was first aired on August 31st 2020.

May 20, 202110:27
Can a hospital bury a deceased without consent of the family?
May 19, 202114:13
Can an employer win an appeal for unlawful termination on account of redundancy?
May 18, 202118:02
Do I have to pay VAT, Withholding Tax, PAYE, Instalment Tax, Digital Services Tax and Minimum Tax as a Small Business Owner?
May 17, 202118:45
Can I sue if a potential employer withdraws their offer after I've already quit my former job?
May 14, 202114:39
Can I be taken to court while critically ill?
May 13, 202118:34
Is it affordable to sue someone if he only owes me 100,000?
May 12, 202116:57
Can I use my ex-Boyfriend's Song in my Podcast?
May 11, 202115:22
What is the legality of owning a firearm?

What is the legality of owning a firearm?

In today’s episode, we discuss the legalities of owning a firearm following the recent story of Juma Mohamed Motha who was accused of failing to secure the pistol contrary to the Firearms Act at his home in Lavington on March 4, 2020 along with other charges.

A city resident has been charged with failure to secure a firearm after police officers who accompanied auctioneers on a recovery mission found a pistol in his home. Juma Mohamed Motha was accused of negligently and without reasonable cause, failing to secure the pistol contrary to the Firearms Act at his home in Lavington on March 4, 2020. Motha was also charged with unlawful possession of a firearm because police allegedly found an air gun inside his house, which he did not have a license to hold.

During an investigation, police wrote to the Firearms Licensing Board to authenticate the firearm licensing certificate for the firearms he held, and it was found to be genuine. However, he only had a license for the pistol, but he reportedly told the police officers that he had inherited the air gun from his late grandfather. He was also charged with being in possession of a firearm imitation after he was found with a plastic AK47 rifle.

The guns were allegedly found in some of the drawers in his house as auctioneers executed a court order in relation to a debt of slightly over Sh1 million he owed a businessman. Motha denied all the charges to the law courts. He was freed on a Sh100,000 bond with a surety of a similar amount and an alternative cash bail of Sh100,000.

The case will be mentioned later this month when the court will set the hearing dates.

Research by Joy Mutimba-Vetil (joy@swalanyeti.org)

Link to the story: https://nairobinews.nation.co.ke/general/city-man-charged-with-failure-to-secure-pistol-in-his-house

May 10, 202118:04
Can your Relatives use a Letter to Prevent you from Working in Government?
May 06, 202110:14
Can one be arrested for circulating memes against the government online?
May 05, 202119:46
Can my employer deduct my leave days if I leave work an hour earlier?
May 04, 202116:22
Can I get a Refund if a Designer used the Wrong Color for the Items Produced?

Can I get a Refund if a Designer used the Wrong Color for the Items Produced?

May 03, 202115:33
Can I sue the ex-wife of a Director of a Company that owes me Money?
Apr 30, 202118:36
Can you force a newspaper to retract a defamatory story and publish an apology?

Can you force a newspaper to retract a defamatory story and publish an apology?

In today’s episode, we discuss if you can force a newspaper to retract a defamatory story and publish an apology. Similar to the current case of Dinlas Pharma EPZ, which demands Nation Media to retract a story the newspaper published about it earlier this month and issue an apology.

Dinlas Pharma EPZ Limited is a company that was authorised by the Pharmaceutical and Poisons Board to import the Sputnik Vaccine that was manufactured in Russia. The authorization granted was Emergency Use, and the news was met with controversy since the Ministry of Health, through Dr Collins Tabu and Dr Willis Akhwale, denied knowledge of the authorization granted.

The issue became even more complicated once it was noted that KRA had been paid importation tax by Dinlas and that private hospitals had begun advertising the fact that they were disbursing the said vaccine. On the 7th of April 2021, the Star reported that Dinlas had instructed its advocates to write a demand letter to Nation Media concerning a story published on the 2nd of April that they allege adversely links the company to corruption in the health sector. The advocates for Dinlas allege that the “publication was intended and calculated to damage the reputation of our client to the advantage of other companies or business known to yourselves.” The letter demands that Nation Media retracts the story and publishes an apology within two days. Nation Media seeks to understand its options.

Can you force a newspaper to retract a defamatory story and publish an apology?

Links to the story:

https://www.the-star.co.ke/news/2021-04-07-sputnik-importer-threatens-to-sue-nation-media-for-fraud-story/

https://www.businessdailyafrica.com/kenya/news/-questions-over-russian-vaccine-authorisation-as-documents-indicate-high-level-board-clearance-3339112

Apr 29, 202113:05
Can you Trespass on Land if you Hold a Title Deed but Someone Else Claims It?

Can you Trespass on Land if you Hold a Title Deed but Someone Else Claims It?

In today’s episode, we discuss what legal options one has in a case where you are accused of trespassing on your own land. This is similar to the recent case of GA Insurance Ltd vs Diku Transporters.

GA insurance Limited claims it purchased a piece of land for Kshs. 92 million originally owned by Sadru Ramjis from Economic Industries. Dikus Transporters claim that they purchased the suit property from Stephen Ndenda in 2020 who had purchased it from the original owners the Sadru Ramjis.

Diku Transporters has a title deed and GA insurance Ltd has a search on the property from the Ministry of Lands, indicating them as the registered land owners.

GA Insurance has accused Dikus Transporters Ltd and Lawyer Stephen Ndenda of using fraudulent titles to lay claim to the suit property currently valued at Kshs. 400 million.

In March, GA Insurance visited the site and found Dikus Transporters director with a group of men who had begun excavating the land preparing it for development. The group allegedly attacked workers of GA Insurance and destroyed building materials valued at Kshs. 675,000. Dikus Transporters also allegedly conspired with City Hall officials to suspend the land rates payment account of GA Insurance.

GA Insurance holds that Dikus Transporters intends to sell the suit property to unsuspecting buyers and has been visiting the suit property with prospective buyers and has moved to court seeking orders to bar Dikus Transporters and Mr. Ndenda from laying claim to the land.

Can one be a trespasser on land if they hold a Title Deed?


Links to the story:

https://www.standardmedia.co.ke/nairobi/article/2001408357/insurance-firm-battling-a-land-grab-case-with-a-city-lawyer

https://www.businessdailyafrica.com/bd/corporate/companies/i-m-bank-d-sh400-million-nairobi-land-dispute-3345502

Apr 28, 202114:55
Child Custody and Maintenance Questions answered by Guest Lawyer Wangui Waihura

Child Custody and Maintenance Questions answered by Guest Lawyer Wangui Waihura

In today’s episode, we discuss questions related to children's custody, rights, interests and adoption and they will be answered by Wangui Waihura a Lawyer in Family Law.

Question 1

When we separated from my abusive husband, he never sent me a shilling for our baby. But now that I’m remarrying four years later, he wants joint custody. Can I stop him?

Question 2

My late sister’s husband is a drunk and an addict. Can I rescue my two-year-old nephew from him?

Question 3

My ex-wife, whom I am separated from, is demanding that we share the expenses of raising my son 50 / 50 including the cost of the internet and the household. Is this the law?

Question 4

I want to adopt my sister’s 10-year-old daughter whom I have been living with since her mother took off to live with another man one year ago. What is the process?

Question 5

I earn 10 times more than the mother of my child who is jobless. If we separate, can I stay with the children?

Apr 27, 202110:36
Can you be fired over Social Media?

Can you be fired over Social Media?

In today's episode, we look at the rights of both the employee and employer in regards to dismissal over social media which is similar to the recent story of Shaffie Weru, Neville and DJ Joe Mfalme, popular radio presenters at Homeboyz Radio, who were terminated by their employer over social media. 

Shaffie Weru, Neville and DJ Joe Mfalme, popular radio presenters at Homeboyz Radio, were suspended then fired after making derogatory comments about a woman who was thrown off a building by her date after refusing his advances. As a consequence, there was an uproar on social media and the sponsors of advertisements aired on their radio show also withdrew their sponsorship.

Their employer, Radio Africa, first suspended their services on the 26th of March 2021 and then terminated their employment on the next day. The employees claim that they heard about their termination through social media and that they were not given a chance to be heard.

The letter making rounds on social media claimed that they were fired due to gross misconduct for making inappropriate and insensitive comments on air. Shaffie Weru felt aggrieved and decided to sue Radio Africa for unlawful and unfair termination and violation of constitutional rights as he learnt of his termination on social media. According to the demand letter, he is asking for one month’s salary in lieu of notice totalling to Kes. 682,500, 12 month's salary for unfair termination, a gratuity amount of Kes. 12,285,000 and a certificate of service.

Can you be fired over Social Media?


Apr 26, 202117:26
Tax and Finance Questions answered by Guest Lawyer Anna Kandu

Tax and Finance Questions answered by Guest Lawyer Anna Kandu

Today we discuss questions related to tax and finance questions, which will be answered by Anna Kandu, a Lawyer in Corporate Commercial Transactions, Tax, Banking and Finance

Question 1

KRA has frozen my bank account because I had not filed tax returns for four years when I was studying outside the country, and now I have massive penalties. How do I unfreeze the accounts?

Question 2

I guaranteed my husband a loan before we divorced. How do I get out of that situation?

Question 3

I run a restaurant and butchery under one company, and I’ve gotten an offer from someone who wants to buy the restaurant. How do I proceed legally?

Question 4

I received an email from KRA saying, “Records held by the commissioner of domestic taxes indicate that your rental income tax declarations have been decreasing at an alarming rate. You are, therefore, advised to review the decline by amending your returns and paying up all resultant taxes before close of business today. Failure will result in enforced recovery.” What does this mean?

Apr 24, 202108:21
Can a landlord charge me back rent if they'd already agreed to reduce it?

Can a landlord charge me back rent if they'd already agreed to reduce it?

In today’s episode, we discuss whether a landlord can charge their tenant back rent if they'd already agreed to reduce it? Especially when there is no written tenant agreement. 

I have been renting a property in Kahawa West for the past nine years. When I moved in we agreed that I would be give a one month deposit and be paying 25,000 a month. We also verbally agreed that I would take care of the water and electricity bills. I cannot remember if we signed any document but even if we did, it was to terminate after one or two

years.

For the most part up to last year, my relationship with the landlord has been cordial. Sometimes, I have not paid the rent on time, but I also recover and pay any arrears. I had also ensured that I made mini house repairs where needed and paid for the utility bills.

However, since the COVID pandemic, I have not been able to pay rent on time or in full. I spoke to the landlord to consider waiving the rent payments for sometime. He did not agree but gave me three months to gather myself before I started paying again. However, even after I resumed payment, I have only managed to pay between 10,000 to 15,000 a month and have not managed to pay the full amount. However, the landlord seemed to accept the payments and never demanded the balance. I have also fallen behind on utility

bills, even though when I get money I pay a bit.

Last week, however, I received a call from a house agent sent by the landlord. She told me that she wanted to come and inspect the house. I agreed for her to come but I am now worried.

What does it mean that a house agent wants to inspect the house and can the landlord just kick me out. I need to find a way of remaining in the house, but I also don’t want to be forced to pay arrears from last year.

Research by Muendo Manthi (muendo@hklaw.co.ke)


Apr 23, 202115:06
Is there any way I can Punish a Company that Keeps sending me Bulk SMS?
Apr 22, 202118:28
Are the police allowed to follow up on a civil debt?

Are the police allowed to follow up on a civil debt?

In today's episode, we discuss whether the police is allowed to follow up on a civil debt. What does the law say in this situation? 

I am a property developer based in Eldoret. A few years ago, I got some people who wanted me to develop a property for them. The agreement was that they pay half of the money and the balance in instalments as I progressed in the construction. They paid 50% of the purchase price, and I began the construction. However, I spent more money than I had anticipated, and was struggling to achieve the next milestone to receive the instalment. I asked if they could pay in advance, but they refused, saying that I needed to first finish what I had promised. I, therefore, got into delays of almost one year looking for money to finish the project to the next milestone.

Eventually, I found someone willing to lend me the balance if I could give them the title deed of the property as security. Since I knew I would get money immediately, I met the milestone I agreed to the Shylock’s terms. However, when I completed the milestone, the clients refused to pay the balance saying I had taken too long, and they were no longer interested in the project. They asked me to refund their money, but I refused, saying they were the ones who owed me. At the same time, the Shylock was demanding his money, and I started avoiding him. I am worried however that he might have transferred the title deed to his name since he is very well connected at the lands office.

Over the past few weeks, the clients have been really threatening me and yesterday they got the DCI to summon me about the case. The DCI said that they would call me every day until I repaid the money. 

What can I do to stop the police from calling me incessantly? I also don’t want to be forced to pay them back since they also did not meet their end of the bargain.


Research by Joy Mutimba-Vétil (joy@hklaw.co.ke)

Apr 21, 202116:49
Can a Landlord Sue me for Rent after He Locked me Out and Sold my Things

Can a Landlord Sue me for Rent after He Locked me Out and Sold my Things

In today's episode, we discuss the question of whether a landlord can sue his ex-tenant after locking them out of the property and selling the tenants things. We also look at what rights the tenant has regarding the law.  

I am a business owner that has been sued by my former landlord of my shop. When I moved into the property six years ago, we signed a lease agreement that was to last for three years or until either of us gave a two-month termination notice. However, business became tough since 2018 and I started falling behind in rental payments. In 2019 we agreed that I would do some work for the landlord for and I completed the work and invoiced them. The landlord, however, never paid but kept demanding rental arrears. Eventually in 2020 when COVID pandemic started, I could not continue paying rent for the property. 

In mid-April, I wrote a notice telling them I was terminating the lease from 1st of April 2020 and moved out some of my things. I asked them to meet me at the end of the month to do the handover. The landlord however wrote back and refused to accept my notice. Instead, he wrote to the property manager and instructed them not to allow me to remove any items from the office. In fact, I visited the office a few weeks later to remove a few things I needed for a business presentation, and the security completely refused to let me remove them.

On August 25, the landlord through the lawyer told me that we meet at the office to do a handover but since they refused to let me leave with my things, I declined. I, however, came to learn that on August 14, the landlord had already instructed auctioneers to sell my things which the auctioneers claim they did by public auction on October 3 although I never got any notice or indication. They also sold the items for a very low value compared to their actual value. The landlord is now suing me for the unpaid rent arrears plus 7% interest per month, which is based on a term in the expired lease agreement that said they could charge this interest. However, this interest has never been demanded in the past. The total amount is coming to 350k, although the actual arrears were about 150k.

However, the landlord owes me 100k for the work I did for them, which has never been paid. In addition, I need to be compensated for all the things the auctioneer sold because they refused me to remove them.

I don’t believe I owe any money, in fact, I feel I am owed because I lost so much business when I couldn’t get my things. What can I do?

Research by Barasa Wanjala (barasa@hklaw.co.ke)

Apr 20, 202117:40
As a girlfriend, can I inherit from my lover, who was married and has now died?
Apr 19, 202120:02
What are your rights if abducted?
Nov 04, 202016:11
Was quack doctor Mugo wa Wairimu's three year sentence enough?
Oct 29, 202017:40