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

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

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تمت الإضافة منذ قبل four أعوام

المحتوى المقدم من Harry Karanja. يتم تحميل جميع محتويات البودكاست بما في ذلك الحلقات والرسومات وأوصاف البودكاست وتقديمها مباشرة بواسطة Harry Karanja أو شريك منصة البودكاست الخاص بهم. إذا كنت تعتقد أن شخصًا ما يستخدم عملك المحمي بحقوق الطبع والنشر دون إذنك، فيمكنك اتباع العملية الموضحة هنا https://ar.player.fm/legal.

Lipstick on the Rim

1
Amy Schumer & Brianne Howey on the Importance of Female Friendships, Navigating Hollywood's Double Standards, Sharing Their Birth Stories, and MORE 50:05

منذ 19 يومًا50:05

التشغيل لاحقا

قوائم

إعجاب

احب

50:05

This week, in what might be the funniest episode yet, Molly and Emese are joined by co-stars Amy Schumer and Brianne Howey. They get candid about motherhood, career evolution, and their new film, Kinda Pregnant —which unexpectedly led to Amy’s latest health discovery. Amy opens up about how public criticism led her to uncover her Cushing syndrome diagnosis, what it’s like to navigate comedy and Hollywood as a mom, and the importance of sharing birth stories without shame. Brianne shares how becoming a mother has shifted her perspective on work, how Ginny & Georgia ’s Georgia Miller compares to real-life parenting, and the power of female friendships in the industry. We also go behind the scenes of their new Netflix film, Kinda Pregnant —how Molly first got the script, why Amy and Brianne were drawn to the project, and what it means for women today. Plus, they reflect on their early career struggles, the moment they knew they “made it,” and how motherhood has reshaped their ambitions. From career highs to personal challenges, this episode is raw, funny, and packed with insights. Mentioned in the Episode: Kinda Pregnant Ginny & Georgia Meerkat 30 Rock Last Comic Standing Charlie Sheen Roast Inside Amy Schumer Amy Schumer on the Howard Stern Show Trainwreck Life & Beth Expecting Amy 45RPM Clothing Brand A Sony Music Entertainment production. Find more great podcasts from Sony Music Entertainment at sonymusic.com/podcasts and follow us at @sonypodcasts To bring your brand to life in this podcast, email podcastadsales@sonymusic.com Learn more about your ad choices. Visit podcastchoices.com/adchoices…

منذ 4 أعوام 13:06

MP3•منزل الحلقة

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.

--- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message

100 حلقات

#Podcasting Education #Self-Improvement #Harry Karanja

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

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

published منذ 4 أعوام

MP3•منزل الحلقة

Today’s episode is from a previous discussion on employment termination of internship and casual employment.

Can I sue the parastatal?

This episode was first aired on September 7th, 2020.

--- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message

100 حلقات

#Podcasting Education #Self-Improvement #Harry Karanja

كل الحلقات

1
Is it possible to sue my baby daddy to pay for the lifestyle he accustomed me to? 23:36

منذ 3 years23:36

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 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 ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Will I be liable for my house-help's abortion that's gone wrong? 19:24

منذ 3 years19:24

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 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 ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I get my salary arrears if I've been falsely accused of stealing clients? 18:12

منذ 3 years18:12

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. 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 ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I be punished for impregnating my high-school girlfriend? 21:34

منذ 3 years21:34

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 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 ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can a teacher slap my child? 16:32

منذ 3 years16:32

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. 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 ( barasa@swalanyeti.org --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can my side-chick force me to pay her for an unborn baby? 23:33

منذ 3 years23:33

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 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 ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can you sue Kenya Power if someone dies from stepping on a live wire? 18:33

منذ 3 years18:33

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 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 ( maurine@swalanyeti.org ) Link to story: https://nairobinews.nation.co.ke/boda-boda-rider-electrocuted-in-bungoma/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I punish a lending app for listing me on CRB despite paying my loan? 17:41

منذ 3 years17:41

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 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 ( joy@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I get a taser to prevent useless men from grabbing my butt in the matatu? 14:05

منذ 3 years14:05

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 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 ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I still divorce him if he refused to accept divorce papers? 17:18

منذ 3 years17:18

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 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 ( maurine@hklaw.co.ke ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can ‘Alejandro’ who stole my mum's money and heart in the high seas, be forced to refund it? 18:45

منذ 4 years18:45

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 loneliness for the promise of love and talks them into starting a business with him. Once he gets the money he sticks around for a few weeks in the pretence of doing errands to meet the requirements to do the said business and then he sets off for travel in the name of outsourcing the resources and then he can’t be reached again. My mother gave him all of 780k for the business. Since his disappearance, my mom got worried and she has since filed a missing report and that is how she found out she is one of his many victims. All my mother wants is her money back. She was smart enough to have a written agreement, that basically says that in case the business doesn’t take off, she would get 80% of the money she invested back. All she wants is her money. Kindly advise her on how to move forward. Research by Barasa Wanjala ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I enforce the sales contract that I entered into while drinking with the buyer in a bar? 16:00

منذ 4 years16:00

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, had paid Kshs. 35,000 as the deposit. On the agreed date, I sent my brother with the TV to deliver and collect the balance. He has then ignored my calls from that day despite our prior communication, he didn’t respond till 9:30 pm. He said he was busy and that I have overpriced the TV compared to other vendors like Jumia. He has not been communicating on the way forward. He has since blocked me. I have all our communication, the address of his home, and proof of payment. I want my money since this was a business transaction and not a friendship. The TV cost Kshs. 70,000. How can I get my money? Research by Barasa Wanjala ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I sue my husband for failing to pay me for planning his second wedding? 13:59

منذ 4 years13:59

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 second wife he’ll give me the job to plan the wedding and I’ll pocket 500,000Kshs which was my fees. I took the job as a favour to my husband and my pocket. My husband knows how good I am at what I do. I plan and manage weddings successfully. When I took this job, I trusted that he would make good on his promise. My husband paid a deposit and asked to pay the rest in instalments since they were raising money through a wedding committee. I accepted, and I handled everything except for food and transport and I included cake in my package. Their bill for everything for their big day amounted to 847,600/- tax inclusive. They have paid me a total of 500k. The bride has since had her wedding and by the morning of the wedding; she told me that the committee couldn’t raise enough money. She has pushed, but she is frustrated since she lost her job 3 months to the wedding and they have depleted their savings as a couple. I did this as a favour to my husband and he has been using his new wife to communicate to me. It's been 6 months since the wedding and no communication from their end. I have bills to pay since there is a new wife and I need my money since I delivered on the job. How can I pursue her legally? My letters to them are not being acknowledged, neither am I getting a response. Research by Maurine Kerich ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can my husband sue his parents for failing to pay for the upkeep of our child? 15:49

منذ 4 years15:49

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 period; I got pregnant. This was my turning point since I got an awakening that was so unsatisfying with our living arrangements. I expressed it to my husband, and it became a thorn in our marriage. I gave birth and my Mother-in-Law footed the bill and was our major financier. Our marital disputes increased. This was the main reason since I wanted us to have our own. I left, and I went back home. But before I left, we had a meeting with my mother-in-law and my husband. We agreed that she would bankroll everything for my son, but her only condition was that he stayed in her compound. After a few months, my husband got a job, and he moved out with our son since he wanted to be the primary caregiver other than his mother. His mother was not happy, and she cut off my son. I’m wondering can he sue his mother for child support? Research by Barasa Wanjala ( barasa@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

1
Can I get compensated for my wallpaper after the landlord kicked me out? 15:26

منذ 4 years15:26

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 promised to fix it before I moved in. A month later they did the paint job was and cleaning. Among the things that I pointed out is the functioning of the toilet, the toilet doesn't flush, the shower doesn't work, so no hot water in June-July weather, the wiring was to be done since one can't turn on the bulb in some of the common areas. I have been patient and I have been here 6months and still, no work has been done. In those six months, I did some home improvements. I fixed the wallpaper and did the floor, just the polishing. Now in the last call, I made to her, she told me I was a difficult tenant and gave me until the end of the month to move out. Now, will I get compensated for the wallpaper and the flooring that I did? Is the eviction legal? Research by Maurine Kerich ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Do I need witness protection if I snitch on my thieving colleagues? 15:06

منذ 4 years15:06

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 want to lose my job or be blacklisted in this industry. Furthermore, I don’t want to lose my life as these people are well connected, but I believe in justice and telling the truth always. Kindly advice on the procedures that would have as little repercussions to myself as possible. Research by Joy Mutimba-Vetil ( joy@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I force my SACCO to Pay my Rebates even if I had defaulted on my Loan? 12:36

منذ 4 years12:36

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 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 ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I get my neighbour arrested for employing my child? 15:09

منذ 4 years15:09

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 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 ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Is it a crime to have a baby with my cousin? 18:58

منذ 4 years18:58

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 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 ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I be protected from harassment from digital lenders where I guaranteed someone? 17:48

منذ 4 years17:48

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: 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 ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I recover my loan after the person I lent to dies? 7:23

منذ 4 years7:23

7:23

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 --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I sue a parastatal that fired me after being an intern for 12 months? 13:06

منذ 4 years13:06

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 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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I marry, divorce, and keep half the property of my sugar mummy? 13:05

منذ 4 years13:05

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 chatting on Facebook and she said we should get married, but only if I promised that if I left her, I wouldn’t get a dime. I said ok, but I’ve been thinking lately. I want to marry her, but if I get tired of her, I’d like to divorce her and get half her property. Is this something I can do? This episode was first aired on September 3rd, 2020. --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I punish a former employee for poaching my clients and giving my business a bad image 10:35

منذ 4 years10:35

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 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. T o 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 with people’s cars. I feel very aggrieved by his actions. How do I punish him? This episode was previously aired on September 9th, 2020. --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Recap - Can I divorce him if he is already married? 10:27

منذ 4 years10:27

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 in a lovely traditional ceremony. He didn’t stop there, but went ahead to give me a beautiful white wedding where I was the envy of all my friends. Now after living with him the past two years, I have discovered he had a dark secret. A woman confronted me on Facebook claiming that she is my husband’s legal wife for the past ten years. She says she was bedridden the past few years so had relocated to the village. My husband has confirmed it. I am so disgusted I want to divorce him. Can I? This episode was first aired on August 31st 2020. --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can a hospital bury a deceased without consent of the family? 14:12

منذ 4 years14:12

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 kin. The family had been searching for her for months and have even made several visits to the hospital which had denied having admitted anyone by that description. The family sought assistance from the Directorate of Criminal investigations who traced her cellphone to the hospital. The hospital admitted that they had admitted the deceased on December 20th but under a different name and had treated her until December 28th when she had died under unclear circumstances. The hospital claims it had made attempts to trace her next of kin during her treatment and care. The hospital claims that the body remained unclaimed at the mortuary for four months before it released for burial in a mass grave at Langata Cemetery. Link to the story: https://nation.africa/kenya/news/knh-admits-burying-woman-without-notifying-kin-3394928# Research by Maurine Kerich ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can an employer win an appeal for unlawful termination on account of redundancy? 18:02

منذ 4 years18:02

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 redundancy was not procedural, was illegal and unlawful. They asked for 12 months compensation for unlawful termination among other payments. The employer had testified that they had held meetings in which they discussed redundancy. They also gave notice to the labour office which was received as is required by the law and paid redundancy payment in full. The court found in favour of the employees and ruled that the redundancy was not procedural and awarded 10 months compensation damages for unfair redundancy, unlawful termination, the salary of failure to give notice and cost of the petition. Link to the story: https://justicetoday.co.ke/2021/05/04/g4s-compelled-to-pay-three-former-employees-over-unlawful-termination/### Research by Maurine Kerich ( maurine@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Do I have to pay VAT, Withholding Tax, PAYE, Instalment Tax, Digital Services Tax and Minimum Tax as a Small Business Owner? 18:44

منذ 4 years18:44

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 picking up well, and I've made a revenue of about one million in this first quarter. I have 4 employees who help me do the installation whenever I get a job. I usually pay them 3000 per job. In addition to consultancy, I also sell various equipment and cameras on my website which gives me about 25% of my revenue. My challenge today is that I am so confused about what taxes I am supposed to pay. I've been told by some people about VAT, withholding tax for consultants, PAYE, instalment tax, digital tax and minimum tax. Could you please help me out as I don't want to be arrested because of taxes? Research by Joy Mutimba-Vetil ( joy@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I sue if a potential employer withdraws their offer after I've already quit my former job? 14:38

منذ 4 years14:38

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 resign from my current job and move. I wrote them an email requesting if I could report after one month, and they agreed to email. 4 weeks later I texted HR to let him know I would be reporting as agreed the next Monday. The HR responded that they had already given the position to someone else and that they'd sent me an email about it. I checked and sure enough; I found they had sent an email 3 weeks ago, but it had gone to spam so I never saw or acknowledged it. I feel wronged seeing that I resigned and moved to a new town for the job. Can I sue for compensation? Research by Muendo Manthi ( muendo@swalanyeti.org ) --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

Swala Nyeti: Layman and Lawyer Discuss Legal Questions

1
Can I be taken to court while critically ill? 18:34

منذ 4 years18:34

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 because they wanted to arrest him. Immediately after his arrest, he was taken to Kisii Referral and Teaching Hospital for emergency treatment. A day later, the police took him forcefully from the hospital using a stretcher and presented him to court to take a plea. Fortunately, the magistrate did not allow him to take a plea and ordered he undergoes further medical care? He feels his rights have been violated and wants to know if this is allowed by the law and if it is not allowed, what can he do against the police and the hospital? Barasa Wanjala ( barasa@swalanyeti.org ) Links to the story: https://www.the-star.co.ke/counties/nyanza/2021-04-26-man-taken-to-court-in-stretcher-over-serial-fraud/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/swalanyeti/message…

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Swala Nyeti: Layman and Lawyer Discuss Legal Questions « » 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?

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