Shows
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs it possible to sue my baby daddy to pay for the lifestyle he accustomed me to?I fell in love with this man. He was rich and into the finer things in life. He basically upgraded my life, bought me an Audi and moved me to uptown. Unfortunately, we broke up after 3 years. It was mutual and we've no bad blood. Now, it's time to renew my car insurance and the bill I was stuck with is more than what I make in a month in my business. Rent was paid by him per quarter but the time has come to pay, he’s ignored my calls. My issue is, this babygirling lifestyle was imposed on...2022-01-1223 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWill I be liable for my house-help's abortion that's gone wrong?My house-help procured an abortion in my house and kept it from me. Her bleeding got worse, but she refused to go to the hospital despite me insisting on it. On day three, I asked her to either go seek help or I will have to let her go because she is putting me in a difficult position since she is my responsibility when she is in my house. She went to the hospital, and all I kept telling her could go wrong has gone wrong and she needs specialized help because her health has really gotten worse and...2021-12-1019 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I get my salary arrears if I've been falsely accused of stealing clients?I had been employed in a real estate company and recently got fired. This had become a thing in the last year of my working there, a lot of people got fired with no probable cause. Because of Covid, we had salary delays, and they owed me two months' salary plus commission. The week I was fired, I had just closed two accounts, which meant money owed. However, I received no letter of warning or notice. I have written to the company about what I’m owed, but I have received threats instead. The new HR has been on my...2021-11-1718 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I be punished for impregnating my high-school girlfriend?In today’s episode, we discuss the options a teenager has when they are caught engaging in sexual relations.My cousin is in distress! He’s a 15 year old boy in high school with a girlfriend in a neighbouring school and he thinks he impregnated her. His friend told him of a similar court case where another boy was found guilty of impregnating a teenage girl and sentenced to an approved school. Since he’s a child, can he be arrested and taken to court because of this? What if the pregnancy is not even his?Rese...2021-09-2321 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan a teacher slap my child?In today’s episode, we discuss the legal remedies a parent has against a teacher and school when their child is subjected to corporal punishment.My child was slapped in school!Since that day she has had hearing problems which started presenting itself 3 days later. She is having problems sleeping and cannot lay on the side of her head comfortably. The very day of the incident, she had a mark on her face; that’s how I got to find out what happened to her. I called her teacher and she said it was because she...2021-09-2116 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan my side-chick force me to pay her for an unborn baby?In today’s episode, we look at whether someone can be legally compelled to take parental responsibility for an unborn baby.Recently a woman sued a politician asking for Kshs. 25 million in child support for her unborn baby.From what I understand, the two eventually agreed to settle the matter out of court. However, I am a married man with the exact same problem and I need help. I've recently been blessed with some good money and ended up having an affair. The lady now says she's 2 months pregnant, but I'm waiting for the baby to...2021-09-1623 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan you sue Kenya Power if someone dies from stepping on a live wire?In today’s episode, we discuss whether the power company is liable for the wrongful death of someone who steps on a live wire.A boda boda rider was recently electrocuted to death after stepping on a live wire in stagnant rainwater he was using to wash his motorbike. The incident happened at a spot boda boda operators are known to take their bikes for a wash in Siritanyi area in Kanduyi on the Malaba-Eldoret highway. The cable had been lying on the ground after a Kenya Power pole was knocked down by a vehicle the previous ev...2021-09-1418 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I punish a lending app for listing me on CRB despite paying my loan?In today’s episode, we tackle what steps or actions can be taken against a lending app that has possibly breached its agreement with a borrower.There was this time I was so pressed for cash that I signed up in one of those loan apps. I put in some kidogo cash so that i can raise my loan limit. I couldn’t pay up by the assigned deadline. When I got money, I paid up. But since I paid, I started getting a lot of calls from the loan app company. Although I took 3 months to pay...2021-09-1017 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I get a taser to prevent useless men from grabbing my butt in the matatu?In today’s episode, we look at the legal requirements you need to satisfy to own a taser.Hi Wakili. I am tired. I am tired because, unlike my brother, before I leave the house I have to think about so many things. I have to consider the place I am heading to, the people i will interact with, the means of transport I will use and even then I still get random butt grabs on the streets. I stay on a call even pretend to be on one so that a taxi driver is aware that I...2021-09-0814 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I still divorce him if he refused to accept divorce papers?In today’s episode, we discuss the options a person has if their spouse refuses to accept divorce papers.I married my husband at Sheria House in 2006. However, almost immediately after, he denied me conjugal rights and instead looked for it elsewhere. Eventually, we had a big fight and he moved out in 2008. Two years later, I filed for divorce proceedings but my husband kept dodging the person trying to serve him. I tried to follow up but my advocate kept taking me round and round until I gave up. I left it and continued liv...2021-09-0617 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan ‘Alejandro’ who stole my mum's money and heart in the high seas, be forced to refund it?In today’s episode, we discuss whether a person has a cause of action against a lover who borrowed money from her, in the pretence of doing business and disappeared with it.So there is this man who duped my mother and as we now know it, a few other vulnerable women of their retirement funds. He comes into their lives and takes advantage of their loneliness for the promise of love and talks them into starting a business with him. Once he gets the money he sticks around for a few weeks in the pretence of do...2021-08-1318 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I enforce the sales contract that I entered into while drinking with the buyer in a bar?In today’s episode, we discuss what makes a valid contract between a buyer and the seller when both parties disagree on the sale of goods.I’m a businessman and I trade in electronics. A friend placed an order and asked to pay in two instalments to be made two weeks apart when we were catching drinks at my favourite local. My friend, now client, had paid Kshs. 35,000 as the deposit. On the agreed date, I sent my brother with the TV to deliver and collect the balance. He has then ignored my calls from that day...2021-08-1216 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 husba...2021-08-0613 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan my husband sue his parents for failing to pay for the upkeep of our child?In today’s episode, we discuss if grandparents are obliged to take up the responsibility of their grandchild when both of the child’s parents are unable.Wakili, I got married in my early 20s and because we were not yet financially stable; we lived with his parents. The mother supported us as long as we were under her roof and during this honeymoon period; I got pregnant. This was my turning point since I got an awakening that was so unsatisfying with our living arrangements. I expressed it to my husband, and it became a thorn in o...2021-08-0515 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I get compensated for my wallpaper after the landlord kicked me out?In today’s episode, we discuss whether you can get compensated after getting evicted over a disagreement with your landlord.Hello, I signed a lease for this apartment, I was sold on the potential, let’s face it, house hunting in Nairobi is such a nightmare. I noticed a few things prior to moving in and I raised it with the landlord and they promised to fix it before I moved in. A month later they did the paint job was and cleaning. Among the things that I pointed out is the functioning of the toilet, the toil...2021-08-0215 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsDo I need witness protection if I snitch on my thieving colleagues?In today’s episode, we discuss what protection is afforded to a Whistleblower under the Witness Protection Act.I work for a huge multinational which has a branch in Kenya as an accountant. I just found out that a section of the staff is embezzling huge amounts of cash and sending them to offshore accounts. I would like to report this but I do not want to lose my job or be blacklisted in this industry. Furthermore, I don’t want to lose my life as these people are well connected, but I believe in justice and tell...2021-06-2515 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 res...2021-06-2312 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I get my neighbour arrested for employing my child?In today’s episode, we discuss the labour laws in relation to the rights and protection of domestic workers.Hi Wakili, my daughter who just recently turned 18 years old has quit school. She got a job as a housekeeper through my neighbours. This has made me mad because I really want her to get an education. I know she has turned 18, but the thing is if it wasn’t for Covid, she would be in school on schedule. I want to know whether I can go after the lady who employed her. Can I get her arrested? Ther...2021-06-2115 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs it a crime to have a baby with my cousin?In today’s episode, we delve into the topic of the privacy of a child and the matter of incest under Kenyan law.Vlogger Kabi WaJesus has admitted he is the father of a seven-year-old girl following a DNA test that came back positive. In a statement released earlier, Kabi said he sired the minor in 2013 with his cousin and apologized for his January 2021 fight against the paternity claim. In an apology to his fans and family, Kabi said the DNA result was a "relief" and assured that he would take parental responsibility for his daughter. “With the...2021-06-1818 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I be protected from harassment from digital lenders where I guaranteed someone?In today’s episode, we discuss the rights and protection guarantors have from digital lenders.Hello, my name is Robin. Recently a friend of mine called to tell me that he'd used my name as a referral on an application he made. I didn't think much about it until a couple of days ago when I got a phone call from a strange number which went like this: Caller: "Hello, my name is David, I am calling you from Kashnow. Are you near Kevin?” Me: "Who is this?" David: “Kevin took a loan from Kashnow, and put...2021-06-1617 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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?...2021-06-0407 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2021-05-3113 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2021-05-2813 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I punish a former employee for poaching my clients and giving my business a bad imageToday’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. To...2021-05-2610 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsRecap - 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 livi...2021-05-2010 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan a hospital bury a deceased without consent of the family?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 kin. The family had been searching for her for months and have even made several visits to the hospital which had denied having admitted anyone by that description.The family sought assistance from the Directorate of Criminal investigations...2021-05-1914 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan an employer win an appeal for unlawful termination on account of redundancy?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 redundancy was not procedural, was illegal and unlawful. They asked for 12 months compensation for unlawful termination among other payments.The employer had testified that they had held meetings in which they discussed redundancy. They also gave notice to...2021-05-1818 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsDo I have to pay VAT, Withholding Tax, PAYE, Instalment Tax, Digital Services Tax and Minimum Tax as a Small Business Owner?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 picking up well, and I've made a revenue of about one million in this first quarter. I have 4 employees who help me do the installation whenever I get a job. I usually pay them 3000 per jo...2021-05-1718 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I sue if a potential employer withdraws their offer after I've already quit my former job?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 resign from my current job and move. I wrote them an email requesting if I could report after one month, and they agreed to email. 4 weeks later I texted HR to let...2021-05-1414 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I be taken to court while critically ill?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 because they wanted to arrest him.Immediately after his arrest, he was taken to Kisii Referral and Teaching Hospital for emergency treatment. A day later, the police took him forcefully from the hospital using a stre...2021-05-1318 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs it affordable to sue someone if he only owes me 100,000?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. Immediately after making payment, the games began. I could not reach the developer, and there was no website.After a frustrating few months of trying to follow up the developer, I...2021-05-1216 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I use my ex-Boyfriend's Song in my Podcast?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 intro of the podcast. The intro is not very long but samples the most catchy part of the song. We never really did any contracts or anything like that si...2021-05-1115 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWhat 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...2021-05-1018 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan your Relatives use a Letter to Prevent you from Working in Government?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 Conveyancing and Corporate Law.A letter is doing rounds on social media written by Philip Murgor’s family to the Judicial Service Commission expressing his unsuitability as the next Chief Justice.The letter accuses him of pitting family memb...2021-05-0610 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan one be arrested for circulating memes against the government online?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 cautioning the International Monetary Fund against issuing any further loans to Kenya and specifically the President and Deputy President.He was arrested by seven police officers, detained overnight and released without charge nearly twenty hours later. He was later ch...2021-05-0519 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan my employer deduct my leave days if I leave work an hour earlier?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 month of service. My working hours are normally 8:30am to 5:30pm. This has worked fine for the most part until recently.If I leave the office at 5:30pm I arrive at my re...2021-05-0416 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I get a Refund if a Designer used the Wrong Color for the Items Produced?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 gotten from another branch. So I paid with the understanding that the rest are there.Thereafter they called to tell me that the cups were finished ap...2021-05-0315 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I sue the ex-wife of a Director of a Company that owes me Money?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 time but have refused to pay and now owe millions in arrears.One particular company has really been giving me a headache. It is a college ba...2021-04-3018 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 Ta...2021-04-2913 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 se...2021-04-2814 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsChild Custody and Maintenance Questions answered by Guest Lawyer Wangui WaihuraIn 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 1When 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 2My late sister’s husband is a drunk and an addict. Can I rescue my two-year-old nephew from him?Question 3My ex-wife, whom I am sep...2021-04-2710 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 m...2021-04-2617 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsTax and Finance Questions answered by Guest Lawyer Anna KanduToday 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 FinanceQuestion 1KRA 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 2I guaranteed my husband a loan before we divorced. How do I get out of that situation?Question 3I run a restaurant and...2021-04-2408 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2021-04-2315 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs there any way I can Punish a Company that Keeps sending me Bulk SMS?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 messages and do not listen to that station. I have no idea where they got my number from. Most of the messages ask me to join one promotion or the o...2021-04-2218 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsAre 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 n...2021-04-2116 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan a Landlord Sue me for Rent after He Locked me Out and Sold my ThingsIn 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 r...2021-04-2017 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsAs a girlfriend, can I inherit from my lover, who was married and has now died?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 his will, which was signed before two witnesses, he left me some property in Zimmer. The property in Zimmermann is solely in his name. The lawyer who signed the will said my...2021-04-1920 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWhat 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-brutalityhttps://www.ghettoradio.co.ke/they-stripped-me-naked-edgar-obare-narrates-kidnapping-ordeal/--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-11-0416 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWas 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 storyNation: https://nation.africa/kenya/news/fake-doctor-mugo-wa-wairimu-gets-11-and-a-half-years--2724510Capital 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%20BoardWe are also on Youtube:http://bit.ly/swalanyetivideos--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-10-2917 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs 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-2722798We are also on Youtube:http://bit.ly/swalanyetivideos--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-10-2819 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs 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--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-10-2714 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsMashamba Monday IIToday we discuss questions related to land, which will be answered by Mbuthia Mwangi, a Conveyancing and Real Estate Lawyer.Question 1My neighbour is encroaching on my land, claiming that I grabbed it from him and now threatening violence. What can I do?Question 2The bank is asking for spousal consent to charge land in my name, but I am polygamous. What do I do?Question 3I have a five-acre plot of land in Kajiado that I want to subdivide and sell. What is the process?2020-10-1908 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsFuliza FridayToday we discuss questions related to personal finance, which will be answered by Mathew Muinde, a Commercial Lawyer specialising in Personal Finance.Question 1I 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 2I took a loan from a mobile digital lender. It wasn’t much but the deadline for paying the loan has pa...2020-10-1608 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsTraffic ThursdayToday we discuss questions related to traffic-related offences which will be answered by Pamba Ouma Pamba, a Lawyer specialising in Litigation.Question 1I 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 2I was making a right turn on the road, when a speeding overtaking matatu crashed into me. The matatu denied liability...2020-10-1513 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWorkers' WednesdayToday we discuss questions related to employment and labour related issues which will be answered by Anyango Koile a lawyer in Commercial Law.Question 1If 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 2I gave sexual favours to get my current job but now the boss has become too much. What are my options?Question 3A casual I had fell and broke his arm while...2020-10-1408 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsToto TuesdayToday 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? Que...2020-10-1310 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsMashamba MondayIt'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 i...2020-10-1208 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsHow 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 saving...2020-10-0919 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-10-0819 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 vo...2020-10-0719 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-10-0612 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 shul...2020-10-0519 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-10-0216 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 c...2020-10-0118 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 domi...2020-09-3017 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs 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...2020-09-2918 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-2818 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I sue someone who defamed me on a Whatsapp status?Today’s episode is from a previous discussion on what entails defamation.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 mi...2020-09-2218 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-2114 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsRecap 3 - Employment and Labour LawIn 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--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-09-1912 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 t...2020-09-1818 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsDo 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 befo...2020-09-1716 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 c...2020-09-1615 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 b...2020-09-1514 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 ti...2020-09-1419 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsRecap 2 - Divorce & Matrimonial Property LawIn 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--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-09-1211 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-1116 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-1015 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-0911 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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 th...2020-09-0813 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsRecap 1 - Landlord and Tenant LawIn 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.--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-09-0516 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWe 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...2020-09-0415 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-09-0312 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWe 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 y...2020-09-0113 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsHe 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...2020-08-3113 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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?--- Send in a voice message: https://anchor.fm/swalanyeti/message2020-08-2810 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-2710 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I lock out my tenants who have refused to pay the rent?In today's episode, we look back at a discussion on tenancy law and whether a landlord can lock out his tenants when they fail to pay 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, an...2020-08-2607 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-2512 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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?--- Send in a voic...2020-08-2409 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-2110 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan I force my abusive ex-husband to pay child support?Today’s episode is from a previous discussion on child support and maintenance.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...2020-08-2008 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-1906 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsWill 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...2020-08-1808 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-1708 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-1407 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan 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...2020-08-1207 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsCan the 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...2020-08-1108 min
Swala Nyeti: Layman and Lawyer Discuss Legal QuestionsIs 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 q...2020-08-1007 min