Hajila Yaro & Company Advocates

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05/08/2026

Legal Issue Segment: Does Freedom of Expression Protect Hate Speech?

A politician makes remarks targeting a particular community during a political meeting. When questioned, he says he was only exercising his constitutional right to freedom of expression.

Can freedom of expression be used as a defence to hate speech?

Our Constitution protects the right to freedom of expression. Article 33 gives every person the freedom to express opinions, receive information and share ideas. But that right has limits.

Article 33(2) makes it clear that freedom of expression does not protect propaganda for war, incitement to violence, hate speech or advocacy of hatred that amounts to ethnic incitement, vilification of others or incitement to cause harm.

Under section 13 of the National Cohesion and Integration Act makes it a criminal offence to use threatening, abusive or insulting words, or publish material that is intended, or is likely, to stir up ethnic hatred.

That does not mean every harsh comment or criticism is hate speech. People are free to disagree, criticise leaders and debate public issues. The question is whether the words used go beyond expressing an opinion and encourage hatred, discrimination or violence against a particular community.

When such a case reaches court, the court will look at the words that were used, the circumstances in which they were spoken, who they were directed at, and whether they were intended or were likely to stir up hatred.

Freedom of expression is one of the rights that strengthens our democracy. But like every constitutional right, it must be exercised within the limits set by the Constitution and the law. It is a shield for lawful expression, not a licence to spread hatred.

At Hajila Yaro & Company Advocates, we have successfully advised and represented clients in constitutional and criminal matters. However, every case depends on its own facts, the available evidence, and the applicable law.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

04/08/2026

Legal Issue Segment: What Does the Law Say About Stock Theft?

A livestock owner wakes up and discovers that several cattle are missing from his homestead.

He suspects that the animals have been stolen and reports the matter to the authorities.

What does the law say about stock theft?

Stock theft is the unlawful taking of another person's livestock with the intention of permanently depriving the owner of those animals.

Livestock includes animals such as cattle, goats, sheep, camels and donkeys.

Under Section 278 of the Penal Code, stealing stock is a criminal offence punishable by imprisonment for up to fourteen years.

Stock theft commonly occurs in areas where communities depend on livestock for their livelihood. Animals may be stolen while grazing, during the night, or while being transported from one area to another.

When livestock is stolen, the owner should report the matter immediately. The owner should provide as much information as possible, including the number of animals stolen, their colour, breed, identifying marks, brands, ear tags, photographs, or any other details that can assist in recovery.

Evidence of ownership is very important in stock theft cases. When stolen animals are recovered, records showing ownership can assist the police and the court in determining who the rightful owner is.

The law also requires buyers of livestock to be careful. A person who receives or keeps stolen animals knowing that they were stolen may face criminal consequences for handling stolen property.

Police officers, chiefs, assistant chiefs, elders and community policing groups often play an important role in reporting, investigation and recovery efforts. However, any person suspected of committing stock theft must still be investigated and taken through the proper court process.

Courts have also recognised that possession of recently stolen property may raise questions against a person who cannot explain how they obtained it. However, each case depends on its own facts and the evidence presented before court.

So the position is stock theft is a serious criminal offence under Kenyan law. Livestock owners should keep proper records identifying their animals, report theft immediately, and preserve any evidence that can assist recovery and prosecution.

At Hajila Yaro & Company Advocates, we have successfully represented and advised clients in criminal matters involving allegations of theft and other offences. Every case is determined by its own facts, the available evidence, and the applicable law.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

28/07/2026

Legal Issue Segment: What Is Common Intention?

Several people go together to confront another person.

During the confrontation, one of them assaults the victim while the others stand nearby.

Only one person throws the punches.

Can the others also be charged with the same offence?

Under Kenyan law, the answer may be yes.

The Penal Code recognises what is known as common intention.

Section 21 of the Penal Code provides:

"When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed... each of them is deemed to have committed the offence."

This means that a person does not always have to be the one who actually commits the act.

If the prosecution proves that several people had a common plan to commit an unlawful act, each of them may be held responsible for an offence committed in carrying out that plan.

Whether common intention exists is a question of fact.

The court will consider the conduct of each person before, during and after the incident, and whether the evidence shows that they were acting together towards the same unlawful purpose.

Simply being present at the scene is not enough.

The prosecution must prove, beyond reasonable doubt, that there was a common intention.

So the position under Kenyan law, criminal responsibility is not always limited to the person who carries out the final act. Where the law and the evidence establish a common intention, more than one person may be held criminally liable.

At Hajila Yaro & Company Advocates, we have successfully represented clients facing serious criminal charges. Every case, however, is determined on its own facts, the available evidence and the applicable law.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

27/07/2026

Legal Issue Segment: Why Is a Post Mortem Important in a Medical Negligence Case?

A patient goes to hospital for treatment.

Instead of recovering, the patient dies.

The family believes the death was caused by medical negligence.

But is that enough to prove a case? In many situations, the answer is no.

One of the most important pieces of evidence in a medical negligence case is the post mortem examination.

A post mortem is carried out to establish the medical cause of death.

It may show whether the death resulted from an illness, an injury, a complication during treatment, or some other cause.

In court, it is not enough to show that a patient died after receiving treatment.

The court must also consider why the patient died and whether there is evidence linking the death to the treatment that was provided or to the failure to provide appropriate treatment.

A post mortem report does not automatically prove medical negligence.

Likewise, the absence of a post mortem does not automatically defeat a claim.

However, in many cases, it becomes an important piece of evidence because it helps the court understand the medical cause of death and determine whether there is a connection between the treatment and the patient's death.

So the position is simple. Where a family believes a loved one died because of medical negligence, a post mortem examination often plays a crucial role in establishing the facts. Every case, however, depends on its own evidence and expert medical opinion.

At Hajila Yaro & Company Advocates, we advise and represent clients in medical negligence claims and other civil disputes. Every case is determined on its own facts, the available evidence, and the applicable law.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

27/07/2026

Have you lent someone money and they refuse to pay? Or do you owe someone money and you're unsure what the law says?

Listen to practical legal guidance from Advocate Hajila Yaro on your rights, the legal steps you can take, and how the law deals with debt recovery.

Join Advocate Hajila Yaro this Monday at 8:15 AM on 95.0 Vox Radio.

This week's topic:
Debt and the Law: How Can You Recover Your Money?

Listen live: https://www.voxradio.live

Call or SMS: 0742411676

Every Monday at this time, we explain the law in simple, practical language.

22/07/2026

I got over 10 reactions on one of my posts last week! Thanks everyone for your support! 🎉

22/07/2026

Legal Issue Segment: What Is Circumstantial Evidence?

Many people believe that for someone to be found guilty in a criminal case, there must always be a person who saw the crime happen or direct evidence linking them to the offence but that is not always the case.

The law also recognises what is called circumstantial evidence.

Circumstantial evidence is evidence that does not directly show that a person committed an offence, but it points towards a conclusion that the person may have committed it.

For example, a person is found with property that was recently stolen, in circumstances that suggest they may have been involved in the theft.

The person may not have been seen stealing the property, but the surrounding facts may become important evidence.

Courts consider circumstantial evidence carefully because a person cannot be convicted based on suspicion alone.

The evidence must be strong enough to point to the guilt of the accused and leave no reasonable explanation that is consistent with innocence.

This means the court looks at the whole picture: the events before the offence, what happened during the offence, and what happened afterwards.

Evidence in court is not only about what someone saw. Sometimes the surrounding facts can also prove a case, but they must meet the standard required by law.

At Hajila Yaro & Company Advocates, we represent clients in criminal matters and assist in analysing evidence presented before court. Every case depends on its own facts and the evidence available.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

21/07/2026

Legal Issue Segment: Can the Police Arrest You Without Investigating?

A crime is reported to the police and the person is immediately arrested because their name has been mentioned by the complainant but is mentioning someone's name enough for an arrest?

The law requires the police to investigate every complaint before deciding whether there is sufficient evidence that an offence has been committed and who may have committed it.

An investigation may involve recording statements, visiting the scene, collecting exhibits, interviewing witnesses and gathering other relevant evidence.

An arrest should not be based on suspicion alone where no reasonable investigation has been carried out.

The purpose of an investigation is to establish whether there are reasonable grounds linking a person to the alleged offence.

This is why the police are given powers to investigate crime before recommending that a person be charged in court.

Whether an arrest is lawful will always depend on the facts of each case and whether the police acted within the law.

A police investigation is not just a formality but it's an important part of the criminal justice process and helps ensure that arrests are based on evidence rather than mere allegations.

At Hajila Yaro & Company Advocates, we have successfully represented clients facing criminal investigations and criminal charges. Every case, however, depends on its own facts, the evidence available and the applicable law.

For legal advice, contact us on +254 716 413 504 or email [email protected].

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

20/07/2026

Do you keep cattle, goats, sheep or camels? Or do you buy and sell livestock?

Do you know what the law says about livestock theft? And how will the Government's new digital livestock registration system affect livestock owners?

Listen to practical legal guidance from Advocate Hajila Yaro.

Join Advocate Hajila Yaro this Monday at 8:15 AM on 95.0 Vox Radio.

This week's topic:

Livestock Offences and the Government's New Digital Livestock Registration System (ANITRAC).

Listen live: https://www.voxradio.live

Call or text: 0742411676

Every Monday at this time, we explain the law in simple, practical Kiswahili language.

15/07/2026

Legal Issue Segment: What Are Garnishee Proceedings?

A person goes to court, wins the case, and the court orders the other party to pay them money.

But the person who lost refuses to pay.

Can the law still help the successful party recover the money?

The answer is yes and one of the methods provided by the law is called garnishee proceedings.

Garnishee proceedings happen where the court orders a third party who is holding money belonging to the person who owes the debt to pay that money directly to the person who won the case.

In many cases, that third party is a bank where the judgment debtor has money or an employer who owes the judgment debtor a salary or other money.

Instead of that money being paid to the judgment debtor, the court may order that it be paid to the successful party to satisfy the judgment.

The court does not issue such an order automatically.

The successful party must first make an application, and the bank, employer or other third party is given an opportunity to respond before the court decides whether to issue a garnishee order.

So the position is a person who refuses to pay a court judgment cannot assume that nothing more will happen. If they have money in a bank or are owed money by an employer or another person, the court may order that money to be used to satisfy the judgment.

At Hajila Yaro & Company Advocates, we regularly assist clients in enforcing court judgments through lawful procedures, including garnishee proceedings.

For legal advice, contact us on +254 716 413 504 or email [email protected]

Tune in to Vox Radio 95.0 FM every Monday at 8:15 a.m. for practical legal insights or listen live on voxradio.live.

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