Swala Nyeti: Layman and Lawyer Discuss Legal Questions

In 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

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 the amount and an extra 30,000 to process the title. Two weeks later he brought me the title to the land in my name. I did a search and confirmed it had been transferred to me. 

However, now my other uncles are now saying that I stole my cucu’s land and that my title is fake? They’ve said they will get it cancelled, what should I do?

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 before he could buy. We rushed to the site to find that the farm manager’s sons had set up mud houses on one corner of the farm and were living there with their families. They claimed they had been born and always lived there and that it is the only home they know. 

We are saddened by the betrayal but need to kick these trespassers out. Can we do it with the Provincial Administration or do we have to go to court?

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 company had not even broken ground and nothing was happening on the site. 

I am now worried that this might be a scam but I’ve already paid millions. If I find someone to sell it, can I?

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 but they claim that the river belongs to the government and they have a letter from the Ministry allowing them to fetch the water. 

I am tired of this. The soil erosion they are causing as well as damage to my land. I can’t allow this to continue anymore, how can I stop them?

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.

In 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

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 daily basis. We quarreled but I agreed to add transport if she can come by 6 AM and leave at 8 PM. I was therefore shocked to get a letter today from a lawyer telling me that I have to pay the house-help an amount equaling 20,000 a month or she will sue me in labour court? I am desperate because she is a good worker, but the amount is too high. Can I really be forced to pay this amount?

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 a condition to be paid. When I complained they told me I was even lucky I have a job but if I am to quit, they can only pay me my terminal benefits over 12 months. Is this fair?

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 his actions. How do I punish him?