Swala Nyeti is a podcast that pairs a layman and a lawyer to answer your sensitive legal questions. It is sponsored by the law firm of Harry Karanja & Company advocates and is for educational purposes only. Have a legal question? Whatsapp us on 0708 111 222 or email admin@swalanyeti.org.
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Is it possible to sue my baby daddy to pay for the lifestyle he accustomed me to?
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23:36
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 busines…
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Will I be liable for my house-help's abortion that's gone wrong?
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19:24
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…
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Can I get my salary arrears if I've been falsely accused of stealing clients?
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18:12
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…
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Can I be punished for impregnating my high-school girlfriend?
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21:34
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 tee…
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Can a teacher slap my child?
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16:32
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…
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Can my side-chick force me to pay her for an unborn baby?
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23:33
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 exa…
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Can you sue Kenya Power if someone dies from stepping on a live wire?
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18:33
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 …
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Can I punish a lending app for listing me on CRB despite paying my loan?
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17:41
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…
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Can I get a taser to prevent useless men from grabbing my butt in the matatu?
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14:05
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 …
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Can I still divorce him if he refused to accept divorce papers?
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17:18
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 pro…
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Can ‘Alejandro’ who stole my mum's money and heart in the high seas, be forced to refund it?
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18:45
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 l…
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Can I enforce the sales contract that I entered into while drinking with the buyer in a bar?
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16:00
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, ha…
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Can I sue my husband for failing to pay me for planning his second wedding?
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13:59
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 seco…
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Can my husband sue his parents for failing to pay for the upkeep of our child?
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15:49
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…
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Can I get compensated for my wallpaper after the landlord kicked me out?
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15:26
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 promis…
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Do I need witness protection if I snitch on my thieving colleagues?
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15:06
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 …
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Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan?
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12:36
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 t…
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Can I get my neighbour arrested for employing my child?
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15:09
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 i…
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Is it a crime to have a baby with my cousin?
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18:58
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 Januar…
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Can I be protected from harassment from digital lenders where I guaranteed someone?
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17:48
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…
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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 t…
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Can I sue a parastatal that fired me after being an intern for 12 months?
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13:06
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 a…
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Can I marry, divorce, and keep half the property of my sugar mummy?
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13:05
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…
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Can I punish a former employee for poaching my clients and giving my business a bad image
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10:35
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…
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Recap - Can I divorce him if he is already married?
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10:27
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 …
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Can a hospital bury a deceased without consent of the family?
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14:12
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 k…
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Can an employer win an appeal for unlawful termination on account of redundancy?
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18:02
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 redu…
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Do I have to pay VAT, Withholding Tax, PAYE, Instalment Tax, Digital Services Tax and Minimum Tax as a Small Business Owner?
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18:44
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 pi…
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Can I sue if a potential employer withdraws their offer after I've already quit my former job?
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14:38
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 re…
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Can I be taken to court while critically ill?
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18:34
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 becaus…
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Is it affordable to sue someone if he only owes me 100,000?
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16:56
In today’s episode, we discuss the procedures that determine whether your case qualifies to be heard in the Small Claims Court. Hi, my name is Rose. A couple of years ago, I entered into an agreement with someone to build a website for my new business. The developer invoiced me for KES.100,000 to do the work, asking that it be paid upfront. Immedia…
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Can I use my ex-Boyfriend's Song in my Podcast?
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In today’s episode, we discuss the copyright issues of a Podcaster whose ex-boyfriend has threatened to sue her for using his song in her podcast without his consent. Hi there, I used to date this singer. He was ok but had not yet found success when we were dating. At that time, I had started a podcast and I used one of his recorded songs in the in…
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What is the legality of owning a firearm?
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18:04
In today’s episode, we discuss the legalities of owning a firearm following the recent story of Juma Mohamed Motha who was accused of failing to secure the pistol contrary to the Firearms Act at his home in Lavington on March 4, 2020 along with other charges. A city resident has been charged with failure to secure a firearm after police officers wh…
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Can your Relatives use a Letter to Prevent you from Working in Government?
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10:13
In today’s episode, we discuss whether your relatives can use a letter to prevent you from working in government, similar to the recent story of Philip Murgor, an advocate, who was vying for the position of Chief Justice. We are joined by Guest Advocate and Legal Researcher at Swala Nyeti, Joy Mutimba-Vetil who specialises in Commercial Conveyancin…
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Can one be arrested for circulating memes against the government online?
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19:46
In today’s episode, we discuss the issues of freedom of expression, false publication and bail similar to those in the recent story of activist Edwin Kiama who was arrested after being accused of publishing false information about the President on social media. An activist Edwin Kiama was arrested after circulating several posters on social media c…
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Can my employer deduct my leave days if I leave work an hour earlier?
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16:21
In today’s episode, we discuss if an employer can deduct time from an employee's leave days to make up the time she leaves work an hour earlier. I have been employed at the same place since 2014. I started out as a receptionist but was later promoted to an administrator. My contract has a provision for pro-rata leave of 1.75 days for each completed…
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Can I get a Refund if a Designer used the Wrong Color for the Items Produced?
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15:32
In today’s episode, we discuss whether a buyer can get a refund from a service provider who fails to deliver on the correct product items as agreed. I paid for some cups (I needed 50 pcs black ones with orange colour on the inside) for design at a shop in town. When I was buying, they told me they had only 10 in that shop and the rest will be gotte…
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Can I sue the ex-wife of a Director of a Company that owes me Money?
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18:36
In today’s episode, we look at whether a business owner can sue the ex-wife of a Director of a Company that owes their business money? My name is Kyalo. I run an office cleaning business, but over the past few years it has become very difficult to keep it afloat. One of the reasons is that some of my clients took up my services for long periods of …
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Can you force a newspaper to retract a defamatory story and publish an apology?
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13:05
In today’s episode, we discuss if you can force a newspaper to retract a defamatory story and publish an apology. Similar to the current case of Dinlas Pharma EPZ, which demands Nation Media to retract a story the newspaper published about it earlier this month and issue an apology. Dinlas Pharma EPZ Limited is a company that was authorised by the …
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Can you Trespass on Land if you Hold a Title Deed but Someone Else Claims It?
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14:54
In today’s episode, we discuss what legal options one has in a case where you are accused of trespassing on your own land. This is similar to the recent case of GA Insurance Ltd vs Diku Transporters. GA insurance Limited claims it purchased a piece of land for Kshs. 92 million originally owned by Sadru Ramjis from Economic Industries. Dikus Transpo…
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Child Custody and Maintenance Questions answered by Guest Lawyer Wangui Waihura
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10:36
In today’s episode, we discuss questions related to children's custody, rights, interests and adoption and they will be answered by Wangui Waihura a Lawyer in Family Law. Question 1 When we separated from my abusive husband, he never sent me a shilling for our baby. But now that I’m remarrying four years later, he wants joint custody. Can I stop hi…
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Can you be fired over Social Media?
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17:26
In today's episode, we look at the rights of both the employee and employer in regards to dismissal over social media which is similar to the recent story of Shaffie Weru, Neville and DJ Joe Mfalme, popular radio presenters at Homeboyz Radio, who were terminated by their employer over social media. Shaffie Weru, Neville and DJ Joe Mfalme, popular r…
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Today we discuss questions related to tax and finance questions, which will be answered by Anna Kandu, a Lawyer in Corporate Commercial Transactions, Tax, Banking and Finance Question 1 KRA has frozen my bank account because I had not filed tax returns for four years when I was studying outside the country, and now I have massive penalties. How do …
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Can a landlord charge me back rent if they'd already agreed to reduce it?
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15:06
In today’s episode, we discuss whether a landlord can charge their tenant back rent if they'd already agreed to reduce it? Especially when there is no written tenant agreement. I have been renting a property in Kahawa West for the past nine years. When I moved in we agreed that I would be give a one month deposit and be paying 25,000 a month. We al…
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Is there any way I can Punish a Company that Keeps sending me Bulk SMS?
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18:28
In today's episode, we discuss if there is a way to punish a company that keeps sending unwanted Bulk SMS. What can someone do, within the law, to stop spammers. I have been suffering the past six months from a flood of promotional messages on my Safaricom line from what I think is a vernacular radio station. I have never signed up for these messag…
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Are the police allowed to follow up on a civil debt?
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16:48
In today's episode, we discuss whether the police is allowed to follow up on a civil debt. What does the law say in this situation? I am a property developer based in Eldoret. A few years ago, I got some people who wanted me to develop a property for them. The agreement was that they pay half of the money and the balance in instalments as I progres…
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Can a Landlord Sue me for Rent after He Locked me Out and Sold my Things
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17:40
In today's episode, we discuss the question of whether a landlord can sue his ex-tenant after locking them out of the property and selling the tenants things. We also look at what rights the tenant has regarding the law. I am a business owner that has been sued by my former landlord of my shop. When I moved into the property six years ago, we signe…
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As a girlfriend, can I inherit from my lover, who was married and has now died?
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20:02
In today’s episode, we discuss whether a person can inherit from a lover who was married and has now died. Especially if the case where the will is being challenged by the wife? My name is Shiro. My boyfriend of six years has died. We lived together for those six years, though he was married but had separated from his wife and three children. In hi…
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What are your rights if abducted?
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16:11
In today’s episode, we discuss the constitutional rights of a person who is abducted, similar to the recent allegations of controversial blogger Edgar Obare who was taken by unknown people when he was about to attend a court hearing. Links to the story: https://www.standardmedia.co.ke/entertainment/showbiz/2001392522/kenyans-react-as-edgar-obare-ac…
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Was quack doctor Mugo wa Wairimu's three year sentence enough?
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17:40
In today’s episode, we discuss whether the sentencing of three years for fake doctor, Mugo Wa Wairimu, who operated a clinic in Nairobi without a licence is enough. Links to the story Nation: https://nation.africa/kenya/news/fake-doctor-mugo-wa-wairimu-gets-11-and-a-half-years--2724510 Capital FM: https://www.capitalfm.co.ke/news/2020/10/quack-doct…
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