Swala Nyeti: Layman and Lawyer Discuss Legal Questions

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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.

Link: https://www.standardmedia.co.ke/lifestyle/article/2001412031/kabi-wajesus-admits-to-fathering-child-after-dna-test####

Research by Joy Mutimba-Vetil ([email protected])

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 ([email protected])