GEOFFREY SITEMBA

Advocate of the High court .

[Jakochia Esq @Esq_Dalmas_J]

Wakili, I borrowed money from a bank and issued my land parcel as security. The bank has now sold my land unprocedurally. What should I do?

To answer this question, we must ascertain what unprocedural exercise of bank's power of sale means.

The Land Act 2012 gives procedural steps that a bank must fulfill before selling your land to recover the loan.

Firstly, under the Banking Act, the loan has to be declared non performing. This means that you have failed and/or breached paying the loan as agreed.

Once the bank declares the loan non performing, the bank issues you with 90days statutory notice reminding you, nature of your default and the need to rectify it within those 90days.

If you don't comply within the 90days, the bank might choose to sell the land as one of its remedy. If the bank decides so, it must further issue 40days Notice of Sale to you.

Thereafter, if you are still not in a position to remedy your default, the bank proceeds and does a forced sale valuation and issues Letter of Instruction to Auctioneer.

The Auctioneer prepares Notification of Sale and serves it upon you together with a 45days redemption notice. This means that the Auctioneer is giving you another 45days to repay the loan and their fees so that they don't proceed with sale.

After the Redemption Notice by Auctioneer and you're yet to comply, the Auctioneer does Advertisement of sale in local newspapers. The Auctioneer does not do sale until lapse of 14days after the Newspaper advert is done. This further gives you more time!

After the lapse of 14 days newspaper ad, then the Auctioneer can lawfully and procedurally proceed and auction your land. You can challenge it in court but the court won't hear your sentiments so long as these notices were properly given to you.

If there was a lapse in giving any of the Notices herein, then the ultimate sale will be declared null and void for want of procedure. Why do the Land Act give these procedural safeguards?

It's because of your equity of redemption which simply means that you have the right to get your land back by paying off the loan so long as it is yet to be sold. Pay your loan, get your land back. This is express in Section 102 of Land Act.

Bottomline, the Notices imposed above MUST be issued to you. If they are not, you have statutory right to seek relief from court and set aside the sale!

Reach out to us for tailored solution to your query. Contacts are on bio!

[ʜᴀʟᴠᴇᴇɴ @tweetzbyidil]

My co-worker accused our HR of trying to sleep with her after he refused to approve her promotion request.

At first, everybody in the office believed her immediately because the accusation was serious and emotional. She cried during meetings, claimed he made inappropriate comments behind closed doors, and said he promised career opportunities in exchange for special treatment. The entire workplace atmosphere changed overnight. People avoided our HR completely, and management immediately opened an investigation…

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🚨🚨BREAKING FROM COA: YOU CANNOT “RETIRE” OVERNIGHT TO ESCAPE DISMISSAL - EMPLOYEES MUST FACE DISCIPLINE FIRST

In a major decision shaking Kenyan employment law, the Court of Appeal at Nakuru has ruled that an employee cannot suddenly retire or resign “with immediate effect” simply to dodge disciplinary action. In Peter Njuguna Chege v Timsales Limited, Civil Appeal No. NAK 29 of 2020, the employee attempted to retire overnight after being accused of participating in an unlawful strike and damaging company property. He claimed that once he submitted his retirement letter, the employer lost all power to discipline or dismiss him. But the Court of Appeal firmly disagreed and upheld his dismissal.

The judges found that the employee issued his retirement letter only after the court had already allowed disciplinary proceedings to continue and after notices to show cause had been issued. Worse still, the retirement was intended to take effect immediately, without notice. The Court, composed of Justices Warsame, Mativo, and Gachoka, was blunt and held that employment law does not recognize “instant retirement” used as an escape route from accountability. According to the Court, allowing employees to vanish through sudden retirement while facing misconduct allegations would “sanitize gross misconduct” and destroy workplace discipline. The judges emphasized that even where a Collective Bargaining Agreement allows early retirement, an employee must still issue proper notice under the Employment Act unless the employer waives it.

For ordinary Kenyans, this judgment carries a powerful message. Many workers believe that once they submit a resignation or retirement letter, the employer’s hands are tied. Not anymore. This ruling confirms that if disciplinary proceedings have already begun, especially over serious misconduct, an employee cannot simply disappear behind a retirement letter and expect full benefits. The Court has now drawn a hard line: retirement is not a legal hiding place. If you are facing disciplinary action at work, timing matters, procedure matters, and attempting to outsmart the process may leave you jobless, dismissed, and without the benefits you thought were guaranteed.

Kindly retweet🙏🙏

[BRAVIN YURI @BravinYuri]

After deep soul searching, I have decided that TUTAM is the only solution.

It is therefore important for me to state that;

TUTAMtoa asubuhi na mapema,

TUTAMpeleka Sugoi,

TUTAMkamata,

TUTAMpeleka jela,

Mambo ni TUTAM.

[Manwa Hosea @ManwaOH]

I watched the interview yesterday morning between an impostor and the President of @LawSocietyofKe on the pertinent issue of Court Annexed Mediation.

It was apparent that the interview was intended to embarrass the President of the LSK; however, he maintained his composure.

The impostor mentioned the Chief Justice over twenty times in that interview. He admitted to rendering legal services and stated that he is accredited by the Chief Justice not only to train, but also to offer legal services.

This particular impostor blatantly insulted Advocates on a media platform. He confidently asserted that he is the Judiciary’s solution for dealing with Advocates, whom he opined are the Chief Justice’s greatest adversaries.

Colleagues, take note: this may seem innocuous, but the long term effects will be felt by the young people the CJ admits in thousands every year.

The Court Annexed Mediation Secretariat further disseminated the interview to the public, demonstrating its support for non-Advocate CAM practitioners, a clear indication that these imposters are actually being supported by the Judiciary.

The CJ is evidently determined to eliminate legal practitioners from the process. She will not be in office to witness the long-term damage caused by her decisions, which is why she must be stopped.

Lawyers are not fighting CAM for purposes fees, not at all, they are fighting imposters in CAM.
@NelsonHavi

[Kwaku Lotteryy @kwakulotteryy]

France 🇫🇷 has changed its visa application process. So i am taking you through a detaled step -by - step guide on how to apply for a France visa both long and short stay and book apppointment online for all countries
Thread 1/21 ....

[Nithya Shri @Nithya_Shrii]

Am I the only one who doesn’t have the desire to move up the corporate ladder at work? Like I just want to do my job and go home. I don’t want to be in a position to have to be in a thousand meetings and micromanage adults.

[Max Juma @MaxJumaEsq]

Let's talk Anticipatory Bail and why you need it especially if you are in a profession or business where disputes are common like, visa processing, overseas job placement, recruitment agencies or anything that involves handling people’s money.

Anticipatory bail is a legal mechanism allowing a person to seek bail before being arrested, provided they fear imminent arrest for a non-bailable offense. It functions as a safety net against potential malicious or wrongful detention, granting immediate release should the police arrest them

Let me break it down. Anticipatory bail is a constitutional safeguard grounded in the right to liberty and protection from arbitrary arrest. It is not about evading justice, it is about ensuring that the machinery of justice does not become a weapon. The courts will grant it where there is a real and demonstrable threat of unlawful arrest, harassment, or abuse of power by investigative agencies.

Anticipatory bail is one of those legal remedies many people only learn about when it’s already too late.

That’s why anticipatory bail is not just a remedy, it is strategy. It allows you to take control of the narrative before the system swallows you whole. The moment you sense the ground shifting beneath your feet, speak to counsel. Because in this game, the difference between being prepared and being caught off guard is the difference between walking into court and being dragged there.

[Dr Oludayo Sokunbi @Oludeewon]

This link has CV templates, SOP, Research proposals, Visa Interviews, Reference letters, IELTS, TOEFL, GMAT, GRE, and Emails to Prof:

Link: https://t.co/YeQjaW4gRT

RT and tag your friends.

[Noctara @rumilyrics]

Be delusional enough to believe that it's possible. Be disciplined enough to prove yourself right.

[Larry Madowo @LarryMadowo]

This man lying dead outside the Kenyan Parliament is David Chege. He was shot in the head.

He was a Sunday school teacher. He is being buried today but nobody has been held accountable for killing him. No regret, no suspension, no probe, no nothing
📸 @festolang

[𝕭𝖎𝖗𝖉𝖞 𝖛𝖘 𝕭𝖆𝖇𝖞𝖑𝖔𝖓 @mary_got_grace]

“To love someone means to see them as God intended them.” ― Fyodor Dostoyevsky.

[Kunal Sharma @kunsha51]

Abandoning someone at the moment of their deepest vulnerability is perhaps the gravest cruelty one can inflict.

[LaShonda 🌸 @firstladyships]

The day you stop tolerating what drains you is the day your life finally stops leaking energy.

No more fake loyalty.
No more forced connections.
No more silent suffering.

Protect your peace like your future depends on it... because it does.

[Reads with Ravi @readswithravi]

I’m in love with this sentence:

“Don't let someone ruin your peace just because they can't find theirs.”

[HONITEL👑 @HonitelHQ]

I genuinely don’t have a problem with people using me. In fact, I’m always elated to be useful to people. However, you must also be useful to me in return.
There is no kind of trick you want to play that I’m not familiar with. I see through you.
Just don’t be useless to me.

[BAMIDELE🕊 @thenihiin]

Today, I found this beautiful verse: “I have heard your prayer, I have seen your tears, surely I will heal you.” 2 Kings 20:5.

If you believe God will heal you, please say Amen.

[Simons @Simon_Ingari]

A jobless man applied for the position of 'office boy'.

The HR manager interviewed him, then gave him a test: clean the floor. The man passed the test with flying colors.

"You are hired," HR manager informed the applicant, "give me your e-mail address, and I'll send you the application for employment, as well as the date you should report for work.

The man replied " I don't have a computer, or an email!"
"I'm sorry," said the HR manager. "If you don't have an email, that means you do not exist. And we cannot hire persons who do not exist."

The man was very disappointed.

He didn't know what to do. He only had $10 with him. Once that is spent, he won't have any money to buy any food.

He went to the supermarket and bought a crate of tomatoes with his $10.
He went from door to door and sold the tomatoes in less than two hours. He doubled his money.

He repeated the operation three times, and returned home with $60. He realized that he can survive this way.

He started to go everyday earlier, and return late.

He doubled or tripled his money every day. Soon, he bought a cart, then a truck. In a very short time, he had his own fleet of delivery vehicles.

Five years later, the man became one of the biggest food retailers. He started to plan his family's future, and decided to have a life insurance.

He called an insurance broker, and chose a protection plan.

At the end of the conversation, the broker asked him for his email address.
The man replied: ' I don't have an email.'

The broker was dumbfounded. "You don't have an email, and yet have succeeded in building an empire.

Can you imagine what you could have been if you had an email?," he exclaimed.

The man thought for a while, and replied, "an office boy"

If you just lost your Job or Just failed an Interview Don't worry be Optimistic..

Something good is reserved for you because everything happens for a reason

[⚖️Preston @pr3stonK]

Litigation and practice in general teaches you not to overshare your opinion or knowledge especially when instructions have not crystallized yet.

[Lola Okunrin @lollypeezle]

One character that will take you places in life is being credit worthy. When people lend you money, return it on or before the promised date with “Thank you very much”. You will go places.