Swala Nyeti: Layman and Lawyer Discuss Legal Questions

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-2722798

We are also on Youtube:

http://bit.ly/swalanyetivideos

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

Today we discuss questions related to land, which will be answered by Mbuthia Mwangi, a Conveyancing and Real Estate Lawyer.

Question 1

My neighbour is encroaching on my land, claiming that I grabbed it from him and now threatening violence. What can I do?

Question 2

The bank is asking for spousal consent to charge land in my name, but I am polygamous. What do I do?

Question 3

I have a five-acre plot of land in Kajiado that I want to subdivide and sell. What is the process?

Question 4

Someone sold me land in Nakuru, but he only had a Letter of Allocation. How do I get the title deed?

Question 5

What is the risk of letting someone be a tenant as he also arranges for financing to buy my house?

Today we discuss questions related to personal finance, which will be answered by Mathew Muinde, a Commercial Lawyer specialising in Personal Finance.

Question 1

I was listed on CRB by a Microfinance. On enquiry I found out it was a loan taken out on a fraudulently acquired number, my line was used to acquire a loan without my consent. Therefore, can I sue the Microfinance and telephone company for this?

Question 2

I took a loan from a mobile digital lender. It wasn’t much but the deadline for paying the loan has passed by two days and although I have promised to clear the balance in a week, the mobile money app has sent messages threatening to contact all the people in my phone contact list. Can they do this? Is it even legal?

Question 3

I guaranteed a friend who took a loan from the SACCO and he recently passed away. The SACCO is now asking me to pay the loan. Can they?

Question 4

My husband's accumulated debts from everywhere and auctioneers are even threatening to come to my house and even sell the furniture and things that I bought with my own money. Can they do that?

Question 5

I need some breathing space to be able to pay my debts. If I declare bankruptcy, what are the implications?

Today we discuss questions related to traffic-related offences which will be answered by Pamba Ouma Pamba, a Lawyer specialising in Litigation.

Question 1

I sold my car recently and the new owner hit and ran someone before we had transferred and badly injured them. Later on, I was summoned to the police and was told I was being charged since I was the registered owner. Do I have a defence?

Question 2

I was making a right turn on the road, when a speeding overtaking matatu crashed into me. The matatu denied liability, and the policeman claimed that he would have to get the motor vehicle inspection unit to assess both cars before determining who is in the wrong. Is this the procedure?

Question 3

I was following Google Maps to get to a destination when it led me to a U-turn. The matatus in front of me weren’t stopped, but I was and told I was driving in the wrong side of a one way U-turn. Do I have a defence?

Question 4

I was stopped in traffic and falsely accused of obstruction when I refused to hand over my driving license. Telling the police you could check online instead. Do I have a case?

Today we discuss questions related to employment and labour related issues which will be answered by Anyango Koile a lawyer in Commercial Law.

Question 1

If I take up a promotion at my workplace where I am placed on probation does it mean that if I fail I even lose the job I have now?

Question 2

I gave sexual favours to get my current job but now the boss has become too much. What are my options?

Question 3

A casual I had fell and broke his arm while loading goods into my shops. I compensated him with a full month's worth of pay. Is there anything else I need to be worried about?

Question 4

If I work in my own company but take out money only when there is a profit, do I have to pay P.A.Y.E and other statutory deductions?

Question 5

How often does a labour inspection need to be done if I was found compliant the first time?

Today we discuss questions related to child custody which will be answered by Wangui Waihura, a Lawyer in Family Law. 

Question 1: My baby mama left the country with our child and now she says she’s not coming back. How can I see my child? 

Question 2: My ex-wife has been disobeying the unlimited access order of my child. Will the court compensate me 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? 

Question 4: How do I make sure that any parental responsibility agreement we had in Kenya will apply if she moves with the baby to the US? 

Question 5: I’m willing to pay school fees, but only for the school of my choice. How can I enforce this?

It's the layman versus many lawyers' episodes. 

The first episode will be on Mashamba Monday. The questions on land-related matters will be answered by Mbuthia Mwangi a lawyer in Conveyancing and Real Estate Law.

Question 1: What are the fees my cooperative is allowed to charge me before I get my title for the land that I have paid for in full?

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 is next to a river?

Question 4: Fraudsters are trying to sell my grandmother’s land to unsuspecting buyers. What can I do?

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 savings and borrow from digital lenders, friends and family to keep afloat. We also asked our landlords and suppliers for some time to pay the outstanding arrears.

However, it’s been over six months now and things do not look much better. Every day I am dealing with dozens of calls from different creditors who are also struggling. I feel overwhelmed and I have decided to just close this company. I will pay my creditors, but I need some time. How can I get this peace but still close down my company?

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 people at NTSA so he organized and got me the logbook in one week.

Last week I got the shock of my life when a woman contacted me to find out where the pickup is. She claimed that she had also bought the same pickup recently, but did it when she was out of the country. She claims to have the original logbook which is in my brother-in-law’s name and is just waiting to transfer it. When COVID restrictions ended she came to collect it and was told that I was hiring it. I am scared because I cannot reach my brother-in-law on his phone. I have decided to hide the pickup until I know what my legal rights are?

What should I do?