Swala Nyeti: Layman and Lawyer Discuss Legal Questions

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected]

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])

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 ([email protected])