Law Office of Sabastian Lihanda.

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17/12/2024

CHIEF'S LETTER FOR THE PURPOSE OF SUCCESSION PROCEEDINGS.
It is with disbelief that some Chiefs in the villages extend their powers to the distribution of of the estate of a deceased person.

In law, there is no role for the chief to play in the distribution of the assets. The chief should simply give the court the names of the survivors through a letter for the purpose of succession.

In any case the chief has decided or ignored or denied to write the said letter, one should seek court redress to compel the chief to perform his duties.

To secure a defilement conviction, the prosecutor must prove beyond reasonable doubt that;1. The suspect is the one stan...
17/12/2024

To secure a defilement conviction, the prosecutor must prove beyond reasonable doubt that;
1. The suspect is the one standing trial. This isn’t obvious. If a girl sleeps and feels someone doing something, but fails to see who, it may be very hard to prove the identity especially if so many others were around.

2. The victim was under 18 years old. Evidence to being

14/12/2024

BENCH WATCH

BANK PAYS THE ULTIMATE PRICE FOR LOADING CUSTOMER’S LOAN ACCOUNT WITH HIGH INTEREST

A recent High Court judgment brought to the fore the tribulations that a customer went through in the hands of a commercial bank.

In the case, one Deborah Ngugi Karanja had taken Mortgage loan of Kshs. 24,220,000/= from Family Bank Limited with her property as security.

In June 2014, an officer of the bank called Deborah to the bank and pleaded with her to guarantee an LPO financing loan of Kshs. 3 million in favor of one Jackson. Deborah, who did not know Jackson, was told that the proceeds from the LPO would be applied towards settling the loan as it would be made through Jackson’s account with the bank.

Upon supply as per the LPO, payment was made through the bank thereby discharging Deborah from the guarantee. However, the bank failed to recover the said sum but instead allowed Jackson to withdraw the whole amount. The bank then demanded that Deborah do honor the guarantee.

When Deborah declined, the bank consolidated the LPO financing loan into Deborah’s Mortgage Loan Account without notice causing the account to be in huge arrears due to increased interest. The amount due became unserviceable and the account immediately went into arrears.

Deborah then sought an alternative loan from KWFT which she used to pay out the loan with Family Bank. It turned out that the loan from KWFT was even more expensive. Deborah defaulted and her property valued at Kshs. 65 million was sold by KWFT.

She sued Family Bank for breach of contractual obligation and CBK for breach of its regulatory and supervisory role.

In a judgment delivered on 24th March 2023, Justice Mabeya found in favour of Deborah and against Family Bank. The Judge held that there were assurances that the proceeds from the LPO would be received by the bank directly and be applied to settle the loan given to Jackson but the bank acted to the contrary.

08/12/2024

SEXUAL HARASSMENT at work places.
According to section 6 of the Employment Act,

An employee is s*xually harassed if their employer, a colleague, or anyone in the workplace:

1. Asks for s*xual favors (directly or indirectly), promising rewards like promotions, threatening punishments like being fired, or making the employee feel their job is at risk.
2. Uses s*xual language, whether spoken or written.
3. Shows s*xual images or materials.
4. Acts in a s*xual way, making the employee uncomfortable or causing harm to their work or happiness at their job.

If the court finds any of these acts, it shall order compensation accordingly in favor of the victim.



02/12/2024

Legal Issue Segment: Burden of Proof and Standard of Proof in Criminal Cases

Have you ever heard the phrase “innocent until proven guilty”?

This explains two key concepts in criminal law: burden of proof and standard of proof.

The burden of proof means it’s up to the prosecution to show that the accused person committed the crime. The accused doesn’t have to prove their innocence.

The standard of proof is how sure the court must be before declaring someone guilty. In criminal cases, the prosecution must prove the case “beyond a reasonable doubt.” If there’s any reasonable doubt, the accused must be set free.

For example, in a theft case, the prosecution needs strong evidence, like eyewitnesses or video footage. Weak or unclear evidence? The accused walks free.

At Law office of Sabastian Lihanda, we’ve successfully defended clients in criminal cases. Our experience ensures you get a fair trial and that the prosecution meets its legal burden. If you're facing charges, we’re here to fight for you!

Need help? Call 0724516967 or email [email protected].

30/11/2024

Does an arbitral clause in an employment contract oust the authority of the Employment and Labour Relations Court to determine employment disputes?

This question was considered by the Employment and Labour Relations Court in Kenya in Okeyo versus Board of Directors HHI Management Service Limited & another (2024) where the Court held that the Employment and Labour Relations Court has the original Jurisdiction (authority) to hear and determine employment disputes.

The Court noted that employees are seldom involved in the negotiations of the terms of the employment contracts which are written in the language and clauses formulated by the employer, and the employee in most cases is eager to sign the contract to secure employment.

Further, an Arbitral Clause, which is imposed by an employer to an employee shows the reality of the unequal bargaining power between the Employer and Employee.

Additionally, the court was not persuaded that reference of an employment dispute to arbitration is more favourable than litigation which is an intergral part of Section 26 of the Employment Act.

How can Employers ensure that Arbitration agreements in Employment contracts are enforceable?

1. Negotiating the terms of the employment agreement with the employee to ensure that the employee gives informed consent to arbitration as the dispute resolution mechanism.

2. Ensure that an employee seeks independent advice before signing the employment contract.

27/11/2024

Can you sue for defamation for uncouth comments you suspect are directed towards you in a WhatsApp group?

Well, of course you can.

For more information, visit us at the Law Office of Sabastian Law Office of Sabastian Lihanda. for professional advice and support or reach out on [email protected] or call 0724516967.

14/11/2024

Legal Issue Segment: Buyer Beware – Protecting Yourself from Fraud

Have you ever thought about how much trust goes into making a purchase? Whether it’s buying property, land, or any significant asset, there’s always an element of risk.

Imagine paying for land or a house only to realize later that the seller was not the legitimate owner. The financial loss, stress, and time spent can be overwhelming.

The principle of “caveat emptor”—meaning "let the buyer beware"—reminds us that buyers must take responsibility to verify all relevant details before completing any transaction. This includes confirming ownership, checking for legal encumbrances, and ensuring the seller's authority to sell.

Fraudsters often target unsuspecting buyers, forging documents or misrepresenting facts, knowing that any overlooked detail could cost the buyer dearly.

At Hajila Yaro & Co. Advocates, we assist clients in thorough due diligence to verify documents, ownership, and compliance, ensuring their investment is secure and legitimate. Don’t become a victim of fraud; take the necessary steps to protect yourself.

For further assistance, reach out at 0724516957 or email [email protected].

12/11/2024

Legal Issue Segment: Affidavit to Confirm a Name

Do you know what an error in your name can cause? Imagine trying to open a bank account or apply for a job, only to be told your ID, birth certificate, or educational certificate doesn’t match your records. An affidavit to confirm a name can fix this.

An Affidavit to Confirm a Name is a legal document that verifies your correct name and aligns it across your official records, resolving any discrepancies.

Example:
Consider your ID reads “John Kamau,” but your birth certificate says “John Kamau Kimani.” This mismatch can cause significant challenges. By filing an affidavit to confirm your name, you ensure consistency across all documents.

At Office of Sabastian Lihanda, we draft affidavits for clients and offer the option to send the affidavit via email for distant clients, along with the original copy mailed directly to you.

Contact us at 0724516967 or [email protected] for expert assistance.

06/11/2024

Legal Issue Segment: Oral Contracts and Employer Liability

Have you ever agreed to pay someone for work without putting the terms in writing?

If so, this could lead to complications if the worker later raises a dispute over unpaid wages or benefits.

According to the Employment Act No. 1 of 2007, if there’s no written contract detailing employment terms, the Act’s provisions will automatically apply in a dispute.

This means that if an employee claims they were promised specific terms and no written contract refutes it, their assertions may hold in court, potentially resulting in obligations for unpaid wages or damages.

For example, let’s say a casual worker insists they were promised overtime pay verbally. In this case, without a written contract, the employer would need other evidence to counter the claim.

Otherwise, the worker's account could carry more weight, potentially resulting in financial and legal consequences for the employer.

If you’re in this situation or know someone who is, it’s important to get legal support to understand your rights and options. At Hajila Yaro & Co. Advocates, we help clarify and address such issues for both employers and workers. To discuss your case further, reach out to us at [email protected] or call 0724516967

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Karen

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