Swala Nyeti: Layman and Lawyer Discuss Legal Questions

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

I run a wholesale shop and supply several shops and supermarkets in my area. One of the supermarkets I supply was run by a man who I learnt recently passed away. Just before he died he had taken goods on credit worth one million shillings. I have tried to visit and speak with the family about this, but they do not seem keen to pay back.

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

This episode was first published on September 13th, 2020

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

My uncle helped me find a job as an intern in one of the parastatals a year ago. He told me that I would work for six months and then be promoted depending on my good work. But the HR only emailed me saying I was a casual on probation. She assigned me to work as an assistant to an officer. They would pay me per diem from time to time. Then after I came back from a short sick leave, HR told me they didn’t need casuals anymore and I was fired. 

Can I sue the parastatal?

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

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

I’m a college student but have big dreams. Last year I met this rich mama on Facebook. We flirted for a while before starting an affair. She’s much older than me, but she’s loaded, so she takes good care of me. In fact, we were chatting on Facebook and she said we should get married, but only if I promised that if I left her, I wouldn’t get a dime. I said ok, but I’ve been thinking lately.

I want to marry her, but if I get tired of her, I’d like to divorce her and get half her property. Is this something I can do?

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

Today’s episode is a rerun from a previously aired discussion, where an employer wanted to know how to deal with a former employee who was poaching his clients and employees.

I run a high-end garage in Nairobi where I have several mechanics and technicians and they earn based on their work. Despite the ups and downs of business and more so COVID, I have always treated them well. Recently, one of my mechanics left after his casual messed up a client’s car, who is now suing me for hundreds of thousands of shillings. T

o make things even worse, this mechanic opened a rival garage not very far away and is now poaching my best people and clients, claiming that I mess with people’s cars. I feel very aggrieved by his actions. How do I punish him?

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

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

Four years ago I met this very dashing gentleman. After dating for a while, he proposed marriage and we visited my parents at home for blessings. He made sure to meet all our traditions, and even paid bride price in a lovely traditional ceremony. He didn’t stop there, but went ahead to give me a beautiful white wedding where I was the envy of all my friends.

Now after living with him the past two years, I have discovered he had a dark secret. A woman confronted me on Facebook claiming that she is my husband’s legal wife for the past ten years. She says she was bedridden the past few years so had relocated to the village. My husband has confirmed it.

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

This episode was first aired on August 31st 2020.

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 who traced her cellphone to the hospital. The hospital admitted that they had admitted the deceased on December 20th but under a different name and had treated her until December 28th when she had died under unclear circumstances.

The hospital claims it had made attempts to trace her next of kin during her treatment and care. The hospital claims that the body remained unclaimed at the mortuary for four months before it released for burial in a mass grave at Langata Cemetery.

Link to the story:

https://nation.africa/kenya/news/knh-admits-burying-woman-without-notifying-kin-3394928#

Research by Maurine Kerich ([email protected])

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 the labour office which was received as is required by the law and paid redundancy payment in full. The court found in favour of the employees and ruled that the redundancy was not procedural and awarded 10 months compensation damages for unfair redundancy, unlawful termination, the salary of failure to give notice and cost of the petition.

Link to the story:

https://justicetoday.co.ke/2021/05/04/g4s-compelled-to-pay-three-former-employees-over-unlawful-termination/###

Research by Maurine Kerich ([email protected])

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 job. 

In addition to consultancy, I also sell various equipment and cameras on my website which gives me about 25% of my revenue. My challenge today is that I am so confused about what taxes I am supposed to pay. I've been told by some people about VAT, withholding tax for consultants, PAYE, instalment tax, digital tax and minimum tax. Could you please help me out as I don't want to be arrested because of taxes?

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

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 him know I would be reporting as agreed the next Monday. The HR responded that they had already given the position to someone else and that they'd sent me an email about it. I checked and sure enough; I found they had sent an email 3 weeks ago, but it had gone to spam so I never saw or acknowledged it. 

I feel wronged seeing that I resigned and moved to a new town for the job. Can I sue for compensation?

Research by Muendo Manthi ([email protected])

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 stretcher and presented him to court to take a plea. Fortunately, the magistrate did not allow him to take a plea and ordered he undergoes further medical care?

He feels his rights have been violated and wants to know if this is allowed by the law and if it is not allowed, what can he do against the police and the hospital?

Barasa Wanjala ([email protected])

Links to the story: https://www.the-star.co.ke/counties/nyanza/2021-04-26-man-taken-to-court-in-stretcher-over-serial-fraud/