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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 t…
 
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 a…
 
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…
 
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…
 
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 today's episode, we discuss the rights of a deceased person pertaining to their body, similar to the story where a hospital buried a deceased patient without the knowledge or consent of the kin. The Kenyatta National Hospital recently admitted that they buried Sabezia Killong in an undisclosed mass grave without the knowledge or consent of her k…
 
In today's episode, we discuss when a business can legally terminate an employee's contract on grounds of redundancy, similar to the recent case of 3 G4S employees. On May 4, 2021, it was reported that 3 former employees of G4S had won an unfair termination case against the company. The employees had argued that their termination on grounds of redu…
 
In today’s episode, we discuss the different taxes specifically which ones a small business owner can be required to pay within a business year. Hello. My name is Edith, and I am seeking your advice on a very sensitive issue. I started a consultancy service early this year to install CCTV cameras in cars, homes and offices. The business has been pi…
 
In today’s episode, we discuss whether someone can get compensation from a potential employer who gives away the job offer they promised to someone else. I need advice. I went for an interview in a different town, and I was verbally offered a job. They wanted me to report in 2 weeks' time. I explained that I needed at least one month's notice to re…
 
In today’s episode, we discuss whether someone’s rights are violated if they are taken to court while critically ill. FN’s niece has accused him of fraud, amounting to KShs.1.7Million. Another person has also complained that FN defrauded him KShs. 45,000/. Last week FN was shot in the back by police officers as he attempted to flee from them becaus…
 
In today’s episode, we discuss the procedures that determine whether your case qualifies to be heard in the Small Claims Court. Hi, my name is Rose. A couple of years ago, I entered into an agreement with someone to build a website for my new business. The developer invoiced me for KES.100,000 to do the work, asking that it be paid upfront. Immedia…
 
In today’s episode, we discuss the copyright issues of a Podcaster whose ex-boyfriend has threatened to sue her for using his song in her podcast without his consent. Hi there, I used to date this singer. He was ok but had not yet found success when we were dating. At that time, I had started a podcast and I used one of his recorded songs in the in…
 
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 wh…
 
In today’s episode, we discuss whether your relatives can use a letter to prevent you from working in government, similar to the recent story of Philip Murgor, an advocate, who was vying for the position of Chief Justice. We are joined by Guest Advocate and Legal Researcher at Swala Nyeti, Joy Mutimba-Vetil who specialises in Commercial Conveyancin…
 
In today’s episode, we discuss the issues of freedom of expression, false publication and bail similar to those in the recent story of activist Edwin Kiama who was arrested after being accused of publishing false information about the President on social media. An activist Edwin Kiama was arrested after circulating several posters on social media c…
 
In today’s episode, we discuss if an employer can deduct time from an employee's leave days to make up the time she leaves work an hour earlier. I have been employed at the same place since 2014. I started out as a receptionist but was later promoted to an administrator. My contract has a provision for pro-rata leave of 1.75 days for each completed…
 
In today’s episode, we discuss whether a buyer can get a refund from a service provider who fails to deliver on the correct product items as agreed. I paid for some cups (I needed 50 pcs black ones with orange colour on the inside) for design at a shop in town. When I was buying, they told me they had only 10 in that shop and the rest will be gotte…
 
In today’s episode, we look at whether a business owner can sue the ex-wife of a Director of a Company that owes their business money? My name is Kyalo. I run an office cleaning business, but over the past few years it has become very difficult to keep it afloat. One of the reasons is that some of my clients took up my services for long periods of …
 
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 …
 
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 Transpo…
 
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 hi…
 
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 r…
 
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 …
 
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 al…
 
In today's episode, we discuss if there is a way to punish a company that keeps sending unwanted Bulk SMS. What can someone do, within the law, to stop spammers. I have been suffering the past six months from a flood of promotional messages on my Safaricom line from what I think is a vernacular radio station. I have never signed up for these messag…
 
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 progres…
 
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 signe…
 
In today’s episode, we discuss whether a person can inherit from a lover who was married and has now died. Especially if the case where the will is being challenged by the wife? My name is Shiro. My boyfriend of six years has died. We lived together for those six years, though he was married but had separated from his wife and three children. In hi…
 
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-ac…
 
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-doct…
 
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-steal…
 
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 --- Send in a voice message: https://anchor.fm/swalanyeti/message…
 
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 polygam…
 
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, c…
 
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 …
 
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 t…
 
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…
 
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? Ques…
 
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 agains…
 
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 t…
 
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 …
 
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 payin…
 
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…
 
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 di…
 
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 …
 
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 d…
 
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. Earli…
 
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 t…
 
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 w…
 
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 bo…
 
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