SUCCESS STORY FROM KAMUKUNJI COMMUNITY JUSTICE CENTRE – VINCENT ONANO ONDEGO

Success: Vincent Onano Ondego
Vincent Onano Ondego approached the Kamukunji Community Justice Centre (KCJC) seeking legal advice and possible representation regarding a dispute with his landlord. Vincent Onano Ondego, a humble, middle-aged man with a family of seven children approached the justice centre in 2018, seven years since he’d heard about the services offered by the justice centre.

Sometime in 2011, a friend living with Onano in Nairobi’s Majengo neighborhood had informed him of legal assistance he got from the justice centre in a dispute with his tenant. Mr. Onano had worked as a night guard for much of his adult life struggling with raising his family when he unexpectedly lost his job in 2015. Even with this setback, life had to move on and Onano set up a makeshift ‘kibanda’ on an open space adjacent to his house to start a shoe-making and repair business. Mr. Onano, the cobbler thrived in this area and worked at his station until sometime in August 2018 when he served his landlord with notice to move house. The landlord turned hostile and claimed ownership of the business operation space as part of his property. Onano could not fathom this claim as he had painstakingly built up his premises over time and it was the only source of livelihood for his family.

Afterwards the landlord locked his work station illegally, Onano visited the Kamukunji Community Justice Centre to get assistance. He was directed to the assistant chief who offered authorization for Onano to continue with his work as the kibanda was on a road reserve and not on the landlord’s property. The justice centre also wrote a letter to the landlord asking him to cease the illegal eviction. Armed with the two letters, Mr. Onano went back to continue with his work, however, the wealthy landlord co-opted other local administration officials and police officers to disregard this legal position. Guided by the community paralegals, Onano approached the rent restriction tribunal and filed a claim. The tribunal is established under Section 4 of the Rent Restriction Act, Cap 296, Laws of Kenya and is mandated to determine disputes between landlords and tenants of protected tenancies, which are residential buildings whose rent does not exceed Ksh. 2500.

On 26th November, 2018 the hearing was conducted and Mr. Onano got orders protecting him from eviction even as he self-represented himself with the guidance of the community paralegals. The orders were served to the area police division head for enforcement and after a tedious process of follow-up process, the business premises were opened and Mr. Onano was back in operation. Mr. Onano was very grateful to the Kamukunji Community Justice centre and the community paralegals for walking the long journey with him to protect his rights. A lot of time was lost when his kibanda was illegally closed but now Mr. Onano is a happy cobbler fending for his family and serving the community.

RCKM

Kituo Cha Sheria

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SUCCESS STORY FROM KAMUKUNJI COMMUNITY JUSTICE CENTRE – JOSEPH ONYANGO

Success Story: Joseph Onyango
J
oseph Onyango approached the Kamukunji Community Justice Centre (KCJC) seeking legal advice and possible representation regarding a succession matter in his rural home in Siaya County. Mr. Onyango was a founding member of KCBONET, a local Community Based Organization which is the host entity of the Kamukunji Community Justice Centre. He was therefore not new to the work undertaken by the centre. He sought legal assistance on a succession matter undertaken in 2013.

As a resident of Majengo, Nairobi, Mr. Onyango was not aware of the process of succession that was initiated and completed illegally by a member of his family of seven brothers. The area land registrar undertook sub-division without consultation and disinherited some members of the estate. In December 2016, with assistance from the justice centre coordinator Mr. Ezekiel Njenga; Mr. Onyango started the journey of correcting an injustice. They revived and followed up the case at the Siaya and Kisumu Law Courts, for three years they together uncovered a lot of misinformation, lies and forgeries in the succession documents used including fake names and signatures.

Their hard work paid off when the Confirmation of Grant was issued by the Court sitting in Kisumu for the Estate of Mzee Obaki to be re-distributed correctly and involve all members of the Estate. The Court issued orders for the title deeds to be surrendered to the land registrar. The succession process will kick-off on the 31st of January, 2019.

Mr. Onyango says he’s been helped a lot by the community justice paralegals and while the process has been long the family has got another opportunity to do the right thing and be mindful of all family members.

RCKM

Kituo Cha Sheria

Success stories from Nyando Community Justice Centre

NYANDO CJC LOGOSuccess Story from the Nyando Community Justice Centre

Article 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Community Justice Centres that are managed and run by trained community paralegals to assist members of the community at the grassroots level across the country agitate for their human rights and resolve disputes without resorting to the court process.

The community paralegals offer free legal advice to the members of the public, educate them on various aspects of law and guide them on how to participate in governance and empower the entire community. Kituo has played a big role in supervising the community justice centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Community Justice Centres in Kamukunji, Kibera, Korogocho (all in Nairobi), Kitui, Turkana, Nyando (Kisumu), Kisauni (Mombasa), Lamukani ( Kwale) and Marereni (Kilifi). The Community Justice Centers have significantly contributed to the goal of promoting access to justice for the poor and marginalized people in society and at the same time made justice accessible to those who could not afford the services of an advocate.

Success stories from Nyando Community Justice Centre

Rose Everline Tendwa 46 years old, resident of Homa-bay County approached Nyando Justice Centre seeking for legal assistance on family succession matter.

Rose who is also a widow and a third wife to her later husband Michael George Tendwa explained to Judith Ochanda, a community paralegal based at Nyando Commuinty Justice centre how her other two core wives sidelined her on a family succession plot.

According to rose, her late husband had properties including land, commercial buildings and rental houses in Homa-bay town. After her husband’s death they sat down as a family and agreed to do succession so that each household would have a share of the deceased property.

Rose later noticed that despise the family agreements on the said mattter, her step sons excluded the name of her daughter in the list of beneficiaries. They went further and filled this matter in court. Rose made several efforts to be served with the file to acquaint herself with the court proceedings but her efforts were thwarted down.

Rose decided to visit our justice center after she got our contacts from a radio talk show on radio Ramogi F.M. (avuncular local radio station where Kituo community paralegals frequently engage the community by educating and informing them on legal matters).

Judith Ochanda wrote a letter to the Chief Magistrate Homa bay court requesting them to grant Rose access to the case files.

They responded positively. Rose raised a complaint on the matter filled with the court and on 24th July 2018; the succession cause no.5of 2013 that was filed was cancelled by the court. The court further ordered that a fresh succession cause be done with all the names of the beneficiaries including Rose’ daughter and the properties of the deceased be included. Defamation case between Caren Onyango our client and Shadrack was successfully concluded through alternative dispute resolution.  Caren reported that they had a land boundary dispute between her and Shadrack her neighbor who trespassed into her land destroying the boundary and when she went to ask him why he was interfering with the boundary; Shadrack started calling her names and hurling abuses at her in public.

A demand letter was written to Shadrack to come for ADR in the office; both came and we had a lengthy talk and discussion with both of them; we managed to reconcile the two who later shook hands as sign of peace and reconciliation. We then advised them to go to the lands office and get the services from the lands surveyor to verify the boundaries so that they would get the real picture of each person’s boundary so that they cannot have future disputes between them.

In partnership and networking with other organizations our paralegals have attended workshops/trainings in different forums through invitations from different organization:

  1. On 20th July 2018, two paralegals from Nyando Justice Centre attended half day interactive security meeting between the Boda Boda operators and the senior police officers right from the County commander to the OCS’s manning all the police Stations within the two Sub-counties of Nyando and Muhoroni; this was geared towards creating peace and harmony between the police officers and the boda boda riders operating within the two Sub-counties. It had been noted that the mistrust and the poor working relation the law enforcement officers a recipe to insecurity, violence and in most cases chaos triggered with the Boda boda riders viewing police officers as their enemies and would sped off at the highest speed an office is on sight precipitating numerous accidents. The law enforcement officers a veered that the  life and safety of both boda boda riders and their passengers  since  it has always been noted that most of the boda boda operators do not obey the traffic rules hence causing a lot of accidents on the roads; most of them also do not have insurance and driving license; Boda boda operators also complained about some police officers taking bribe from them; in attendance were chairmen of the boda boda sector, Nyando paralgals, OCS   from different police stations within Nyando and Muhoroni; County Commander, the deputy County Commander , OCPDs from both the Sub –Counties and other stakeholders from different organization from Muhoroni and Nyando sub county.  The meeting was organized by Transparency International (TI).
  • This enable us know that most of the boda boda operators do not have a driving license with two classes as required by the traffic laws and they do not also have insurance cover that is supposed to be renewed after a period of time.
  • The Boda boda riders were advised to go for driving classes and obtain a driving license with two classes, each rider must have two helmets one for the rider and one for the customer, and each bike must not carry more than one passenger.
  • They were asked to report any case of bribery to the OCS, OCPD or to the county commander if the OCS or OCPD so that action can be taken towards the police who has been bribed.
  • The boda boda riders complained that they were being harassed by the APS(Administration Police) from Awasi at night and being robbed off their cash ; which the county commander said was very wrong and should be reported for action to be taken against the APS that are harassing them.
  • The meeting also enabled the boda boda riders to openly air their grievances without fear, with the law enforcement officers, explicitly explaining what the traffic laws entails regarding road safety and the traffic rules as enshrined in the traffic regulations. 

    RCKM

    Kituo Cha Sheria

Success Story of Harun G. Mwangi

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An elated Harun Mwangi (centre, in brown coat) receives the Judgement at Kituo Head Office.

Success Story of Harun G. Mwangi

ELC CASE No. 510 of 2012

Harun Mwangi heaved a sigh of relief after receiving a positive judgment from the Environment and Land and Court at Milimani, Nairobi issuing an order of eviction and a permanent injunction barring one Zacharia Karega who grabbed his plot from entering or interfering in any manner with the property that rightfully belongs to him.

The 73 years old, silver haired father of three from Kiambu County claimed that the parcel of land was allocated to him by the defunct City Council of Nairobi on 21st October, 1992 and he took possession but could not commence development due to lack of capital. As a result the ‘stranger’ entered into his land located in Kariobangi South sector VI, Nairobi in 2005, fenced it and put up temporary structures.

His efforts to have the issues resolved amicable using mediation came to naught as Zacharia the “land grabber” turned his back all the time Harun made an effort of reaching him. “I was then forced to look for justice in courts but getting a lawyer was a challenge since I could not afford to pay for the legal fees” said Harun.

Harun got referred to Kituo Cha Sheria by a friend and a close family member who had previously been assisted with labour matters. With a lot of excitement, he narrates how Kituo played a big role in ensuring he got justice.

“I can’t fail to be grateful to Mr. John Mwariri (Kituo Legal Officer), who after explaining my situation to; picked up on this matter. He helped me file this case back in 2012. He has been patient with the whole process that took six years.” In reply to this, Zacharia filed a statement of defense on 4th October 2012 claiming that he has been in possession of the land which he has developed and occupied since 1999.

Mr. Mwariri (Kituo Legal Officer) who was handling the matter filed a reply to defense on 25th February 2013 reinstating that Harun was the owner of the land. The case came for hearing on 21st March 2017. Zacharia did not appear. Harun presented his evidence and closed the case.

Judgement

Hon. Justice Okong’o on 21st June 2018 ruled in favor of our client in the absence of the defendant. He issued an order of eviction against the defendant, his family members, servants or agents, a permanent injunction against the defendant, his family members, servants or agents barring them from entering or interfering in any manner with the plot and that the plot rightfully belongs to Harun Mwangi. The judgment also stated that the defendants has up to 60 days to vacate and handover possession of the plot to Harun failure to which he will be subjected to forceful eviction.

This is yet another small victory for a Kenyan who had nowhere to turn but Kituo Cha Sheria- the people who care for justice for the poor and marginalized people in society.

By:

RCKM-Kituo Cha Sheria

Success Story- Mary Runyangi Muchafu

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Mary Runyangi Muchafu receiving her settlement at Kituo Head office, Nairobi.

Mary Runyangi Muchafu is a middle-aged Kenyan woman who came to Nairobi over a decade in pursuit of gainful employment. Mary is an honest and hardworking Kenyan who worked as a domestic worker in the leafy suburb of Lavington, Nairobi while living in Kawangware. The mother of five (5) was contracted on the 22nd November, 2016 and performed her duties with loyalty and diligence until 6th December, 2017 when her employer; one Mariama Sieh unfairly fired her.

Mary was dismissed in the most unfair manner without any notice being given to her or receiving her terminal dues. Lost and confused on how to handle this most unfair predicament; Mary was contemplating taking her school going children back to their rural home as her prospects of supporting them in her current state looked grim.

Fortunately, when she narrated her story to a friend in the neighbourhood who also works as a security guard in the suburbs of Nairobi; there was a glimmer of hope. The friend happened to have received pro bono legal representation from Kituo Cha Sheria in a similar matter previously.

Mary had worked for the entire duration of her employment without leave including during public holidays and was instead met with threats of dismissal any time she requested a day off. Mary instead toiled in the Mariama household taking care of 4 children until the day she was dismissed and now was presenting her matter to a Kituo legal officer. Once her case was reviewed and deemed meritorious; a demand letter was immediately served to her former employer clearly stating the employer’s unjustified actions in four points- salary in lieu of notice; annual leave; service pay and compensation for unfair termination according to Kenya’s labour laws.

The employer did not respond to the demand within the stipulated time and instead rubbished Mary’s claim with more threats and scare tactics that she’d instead end up paying the employer.

Kituo’s legal officers acting on mandatory instructions to institute legal proceedings from the client were ready to proceed to court and had duly served the employer when through their legal counsel they offered to settle the claim out of Court. The offer being acceptable to our client- Mary Runyangi received a full and final settlement of Ksh. 32,000 in April, 2018.

A very thankful Mary who has since found employment elsewhere was grateful to all Kituo officers who assisted her in her pursuit of justice saying, “Nimesaidika! Asanteni sana”, she said.

RCKM

Kituo Cha Sheria

Success Story- Njoki Nguga

succes-storyKibera Community Justice Center

Serving the most vulnerable persons in the society…

Njoki Nguga, a 67 years old granny from Kibra, Nairobi has a reason to smile after her name got approved as a beneficiary of the Kenyan government’s monthly stipend funds for the elderly.

Njoki, a widow who is staying with two orphaned grandchildren, spends sleepless nights trying to provide for the kids who are all in school. She said for several years she has not benefited from the funds despite her attaining and even surpassing the recommended age (65).  Her National Identification Card had an error, indicating that she was born in 1952 reducing her age by two years by the time she attained 65 years the recommended age for benefiting from older person’s funds, a programme run by the Ministry of Gender, Children and Social Development in Kenya. The ministry had failed to enroll her because of this.

Njoki said she was referred to the Kibera Community Justice Centre by a friend who had once gotten assistance at the justice centre. She approached the justice center seeking legal advice regarding her problem. She specifically wanted the paralegals assist her correct the error that has made her miss the monthly stipend that she ought to be getting.

“I had made several attempts to government offices including the DC’s and the Chief’s offices but my efforts bore no fruits. I therefore decided to seek for assistance from the justice center as advised by a friend”, said Njoki.

Ezekiel Njenga, certified Paralegal at Kibera Community Justice Center intervened. He advised the client to first go for age assessment at Mbagathi Hospital and wrote a letter addressed to the relevant institution on behalf of the client recommending for change in the year of birth in the client’s national Identification Card (ID).

The requested process was successful and the client was issued with a new ID card and is currently registered and earning the stipend for the elderly thanks to the work of the community paralegal.

RCKM

Kituo Cha Sheria

 

Success Story of Mwangi Njangu

succes-story

Mwangi Njangu Vs. Meshack Mbogo Wambugu Civil Appeal No. 239 Of 1990

Background of the Suit

Our Client was the Appellant herein Mwangi Njagu. On or around 9th February 1976, our Client entered into a sale agreement with one Sophia Nyakweya in which it was agreed that the our Client would sell One (1) acre out of all that piece of land known as L.R. NO. KONYU/BARICHO/695 for a consideration of Kenya Shillings Fourteen Thousand (Kshs.14,000/-). The said Sophia Nyakweya paid our Client the sum of Kenya Shillings Twelve Thousand Five Hundred (Kshs.12, 500/-) and a balance of Kenya Shillings One Thousand Five Hundred (Kshs.1, 500/-) remained. An application for the land control board consent was submitted but was not obtained. Our Client through his then Advocates one Messers Ghadialy & Co. Advocates informed Sophia Nyakweya of the same through a letter dated 29th August 1979 and further notified her that our Client was rescinding the sale agreement because the land board consent was not obtained.

Our Client then refunded the Kenya Shillings Twelve Thousand Five Hundred (Kshs.12,500/-) to Sophia Nyakweya. The said amount was refunded through a cheque and letter dated 5th November 1979, forwarded through the our Client’s Advocate Messers Ghadialy & Co. Advocates to the Respondent’s then Advocates one Messers A.J. Kariuki & Co. Advocates.

The sale agreement dated 9th February 1976 was executed between our Client and Sophia Nyakweya and the Respondent was never privy to the same. He was a stranger to the agreement and the fact that he is the husband to Sophia Nyakweya did not legitimize his fraudulent claim.

A dispute ensued and when the Respondent instituted a suit against our Client before a panel of elders and arbitrator, they made an award in favour of the Respondent, ordering for the sub-division of our Client’s land into two portions of One (1) acre for the Respondent and Four and a half (4.5) acres for our Client.  The Respondent later filed civil suit no. 214/80 in Nyeri, where he sought orders for specific performance. Our Client instructed Messers Ghadialy & Co. Advocates to represent him in the matter and he filed a memorandum of appearance but failed to file a defence. The matter proceeded without the our Client’s knowledge and Messers Ghadialy & Co. Advocates neglected and/or refused to participate in the proceedings and an ex-parte judgment was issued against our Client and being dissatisfied with the same, he filed this present appeal.

Issue for Determination

Our issues for determination were:-

  1. Whether the Respondent was privy to the sale agreement dated 9th February 1976.
  2. Whether the lack of consent from the land control board nullified the sale agreement dated 9th February 1976.
  3. Whether the mistake of Ghadialy & Co. Advocates should be visited upon the Appellant.

On 15th February 2018, a judgment was issued by Honourable Justice Mbogholi Msagha, where our appeal was allowed and the decision of the Chief Magistrate’s Court was set aside. Find herein attached the summary of C.A. NO. 239/90 – Mwaniki Mbogo Wambugu Vs. Meshack Mbogo Wambugu. We represented the Appellant therein and the Judgment was delivered on 15th February, 2018 by Hon. Justice Mbogholi Msagha in which our Appeal was allowed. Our Clients were very grateful for the assistance that Kituo has accorded them in a matter they first started pursuing in 1990. We Care for Justice.

RCKM

Kituo Cha Sheria