84 episodes

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.

Swala Nyeti: Layman and Lawyer Discuss Legal Questions Harry Karanja

    • Education
    • 5.0 • 4 Ratings

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.

    Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan?

    Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan?

    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 that prevented me from making payments regularly. I, therefore, fell very behind on my payments but would make a payment now and then when I could. 

    Recently, the SACCO announced its the end-of-year results, and one of the things I was expecting was to receive a rebate, which I would have used to reduce my debt. However, I was shocked when the SACCO told me that they would not be paying my rebate. We went through the rules with the SACCO and there is nowhere it says if you’ve defaulted on your contributions that you are restricted from receiving Rebates. All it requires is that you’ve made at least 4 contributions of a certain amount in a year to qualify for rebates. When I showed this to the SACCO, they agreed I had met the requirements. However, they then claimed that they had not even charged me interest for my late payments and that if I insisted on the rebates they would load the interest on my debt for late payments. Right now, I decided to leave it because my business is still down and I might not be able to make regular payments and I don’t want to make them my enemies. But I want to know once I finally pay off my loan, can I force them to pay for those rebates which I believe are owed to me?

    Research by Muendo Manthi (muendo@swalanyeti.org)


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    • 12 min
    Can I get my neighbour arrested for employing my child?

    Can I get my neighbour arrested for employing my child?

    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 is if it wasn’t for Covid, she would be in school on schedule. I want to know whether I can go after the lady who employed her. Can I get her arrested? There is another issue, she was also getting underpaid; she was offered 5k per month with no leave days. My other problem with this is many people take advantage of young people and get away with wrongful employment, poor working conditions and underpaying them. Kindly advise.

    Research by Muendo Manthi (muendo@swalanyeti.org)


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    • 15 min
    Is it a crime to have a baby with my cousin?

    Is it a crime to have a baby with my cousin?

    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 January 2021 fight against the paternity claim. In an apology to his fans and family, Kabi said the DNA result was a "relief" and assured that he would take parental responsibility for his daughter. “With the paternity results out, it is a relief as we can now chat the way forward together with the mother for the welfare of our child. I am immediately reaching out to her so that we can discuss and agree on her future,” shared Kabi.

    Furthermore, people on social media are clamouring for their arrest stating that as they are cousins, they have committed the offence of incest, which is a crime under Kenyan laws.

    Link: https://www.standardmedia.co.ke/lifestyle/article/2001412031/kabi-wajesus-admits-to-fathering-child-after-dna-test####

    Research by Joy Mutimba-Vetil (joy@swalanyeti.org)


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    • 18 min
    Can I be protected from harassment from digital lenders where I guaranteed someone?

    Can I be protected from harassment from digital lenders where I guaranteed someone?

    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: 

    Caller: "Hello, my name is David, I am calling you from Kashnow. Are you near Kevin?” Me: "Who is this?" David: “Kevin took a loan from Kashnow, and put you as his guarantor" 

    Me: "How did you get my number?" 

    David: “Kevin took a loan from Kashnow, and put you as his guarantor”, I hung up after that but I've seen similar numbers have tried to call me several more times since. 

    I also spoke to my friend who assured me that he'd only taken the loan three weeks ago and was only 1 day overdue by the time I received the call. He promised he'd pay within a week and speak to the digital lender to stop calling me. However, the calls haven't stopped, and I feel like it's harassment.

    Can I be protected from harassment from digital lenders where I guaranteed someone?

    Research by Maurine Kerich (maurine@swalanyeti.org)


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

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

    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




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    • 7 min
    Can I sue a parastatal that fired me after being an intern for 12 months?

    Can I sue a parastatal that fired me after being an intern for 12 months?

    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.


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    • 13 min

Customer Reviews

5.0 out of 5
4 Ratings

4 Ratings

Cgathigia ,

Always Insightful

The issues you address are so relevant. It is always great to listen to your dialogue which carries a lot of insight and a touch of humour.

kenyanboy77 ,

Congrats swala nyeti for setting the Legal kiosk,it will help many

It's insightful and certainly will attract wide "listenership" as you handle an ever increasing diversity and variety of legal conundrums.

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