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 me, my social standing changed and I am now fully accustomed and don't want to sell my stuff and move back to my old lifestyle. Can I sue him to pay for my upkeep?
Research by Barasa Wanjala (barasa@swalanyeti.org)
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 she is hanging on a balance since she did things in a shady way. Though I am really spread thin, I have paid for her health needs this far in as much as she refuses to let me know the truth. I would like to know what is the limit of my liability legally given that she refuses to let her family/partner know what’s happening.
Research by Barasa Wanjala (barasa@swalanyeti.org)
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 case claiming that I have been stealing clients of the company in contravention of a non-compete clause. But that's not true. How can I get paid?
Research by Barasa Wanjala (barasa@swalanyeti.org)
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?
Research by Maurine Kerich (maurine@swalanyeti.org)
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 was not able to answer a basic question. I have taken my child to hospital and I am waiting on the medical report this morning. The school headteacher has declined to address the issue. So what I want to know is, can a teacher slap my child?
Research by Barasa Wanjala (barasa@swalanyeti.org
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 be born to know if it is really mine. I told her she should also consider an abortion because I won't support a baby that's not mine. Anyway, she has now sued me and asking for millions, yet the baby has not even been born yet. Can the court force me to pay her?
Research by Maurine Kerich (maurine@swalanyeti.org)
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 evening; the Nation has learnt. Residents and boda boda riders in the area protested along the busy highway over what they termed as negligence by the power company. Can the family of the deceased sue the power company for the wrongful death of their loved one?
Research by Maurine Kerich (maurine@swalanyeti.org)
Link to story: https://nairobinews.nation.co.ke/boda-boda-rider-electrocuted-in-bungoma/
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 up the loan, I didn’t violate their guidelines. I have spent a lot of time on the phone explaining to them that I have cleared the debt, including writing emails to them with supportive documents, but it's not been helpful. This year I went to apply for a bank loan, and in their due diligence, they found out that I have been listed under CRB. I cannot get a loan now because of the carelessness of this company. I have paid the fine to get cleared from CRB in the hope to get the loan I need for my business. But this whole process has been a waste of my time. Is there a way to punish the lending app for wrongly listing me on CRB despite paying my loan?
Research by Joy Mutimba-Vetil (joy@swalanyeti.org)
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 have people on the other line in case he gets any ideas. I have been researching and seen that in other countries women carry tasers and pepper spray. I think I need one so that I feel a little safer since I can’t walk around with a gun. What are the legal requirements I need to satisfy so that I can own a taser?
Research by Maurine Kerich (maurine@swalanyeti.org)
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 living my life. I have recently met someone and he proposed to marry me and I said yes. I haven't told him yet about my first husband and I want to see if I can get a quickie divorce.
I got someone to check my divorce file, and she told me that that the case had been called for reactivation in 2015. Does that mean I am now divorced?
Research by Maurine Kerich (maurine@hklaw.co.ke)
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 doing errands to meet the requirements to do the said business and then he sets off for travel in the name of outsourcing the resources and then he can’t be reached again. My mother gave him all of 780k for the business. Since his disappearance, my mom got worried and she has since filed a missing report and that is how she found out she is one of his many victims. All my mother wants is her money back. She was smart enough to have a written agreement, that basically says that in case the business doesn’t take off, she would get 80% of the money she invested back. All she wants is her money. Kindly advise her on how to move forward.
Research by Barasa Wanjala (barasa@swalanyeti.org)
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 despite our prior communication, he didn’t respond till 9:30 pm. He said he was busy and that I have overpriced the TV compared to other vendors like Jumia. He has not been communicating on the way forward. He has since blocked me. I have all our communication, the address of his home, and proof of payment. I want my money since this was a business transaction and not a friendship. The TV cost Kshs. 70,000. How can I get my money?
Research by Barasa Wanjala (barasa@swalanyeti.org)
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)
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 our marriage. I gave birth and my Mother-in-Law footed the bill and was our major financier.
Our marital disputes increased. This was the main reason since I wanted us to have our own. I left, and I went back home. But before I left, we had a meeting with my mother-in-law and my husband. We agreed that she would bankroll everything for my son, but her only condition was that he stayed in her compound. After a few months, my husband got a job, and he moved out with our son since he wanted to be the primary caregiver other than his mother. His mother was not happy, and she cut off my son. I’m wondering can he sue his mother for child support?
Research by Barasa Wanjala (barasa@swalanyeti.org)
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 toilet doesn't flush, the shower doesn't work, so no hot water in June-July weather, the wiring was to be done since one can't turn on the bulb in some of the common areas. I have been patient and I have been here 6months and still, no work has been done. In those six months, I did some home improvements. I fixed the wallpaper and did the floor, just the polishing. Now in the last call, I made to her, she told me I was a difficult tenant and gave me until the end of the month to move out. Now, will I get compensated for the wallpaper and the flooring that I did?
Is the eviction legal?
Research by Maurine Kerich (maurine@swalanyeti.org)
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 telling the truth always. Kindly advice on the procedures that would have as little repercussions to myself as possible.
Research by Joy Mutimba-Vetil (joy@swalanyeti.org)
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)
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? There is another issue, she was also getting underpaid; she was offered 5k per month with no leave days. My other problem with this is many people take advantage of young people and get away with wrongful employment, poor working conditions and underpaying them. Kindly advise.
Research by Muendo Manthi (muendo@swalanyeti.org)
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 paternity results out, it is a relief as we can now chat the way forward together with the mother for the welfare of our child. I am immediately reaching out to her so that we can discuss and agree on her future,” shared Kabi.
Furthermore, people on social media are clamouring for their arrest stating that as they are cousins, they have committed the offence of incest, which is a crime under Kenyan laws.
Research by Joy Mutimba-Vetil (joy@swalanyeti.org)
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 you as his guarantor"
Me: "How did you get my number?"
David: “Kevin took a loan from Kashnow, and put you as his guarantor”, I hung up after that but I've seen similar numbers have tried to call me several more times since.
I also spoke to my friend who assured me that he'd only taken the loan three weeks ago and was only 1 day overdue by the time I received the call. He promised he'd pay within a week and speak to the digital lender to stop calling me. However, the calls haven't stopped, and I feel like it's harassment.
Can I be protected from harassment from digital lenders where I guaranteed someone?
Research by Maurine Kerich (maurine@swalanyeti.org)