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The Lawyer and the Layman™️

The Lawyer and the Layman

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A fun laidback Podcast hosted by Journalist Yolisa Mkele (the Layman) and Family Law Expert Jennifer Stoler (the Lawyer). The pair translates South African legalese into plain English. The goal is simple: Educate, Empower, Uplift and Entertain. There will be none of that highfalutin legal speak here, just two friends (and sometimes guest speakers) talking about the law, its workings and giving people the tools to protect themselves. Buckle up – it is going to be a ride
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AI the Law & You

Mark Miller, Shannon Lietz, Joel MacMull

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A lawyer, a technologist and a layman walk into a bar and discuss a recent legal case filing against an AI company. These are not scripted. What you’ll hear are real conversations as we talk, argue, and cajole each other to think deeper about the legal aspects of using AI, and what people should be concerned about when using one of the platforms.
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Constitution Thursday

podcast@constitutionthursday.com

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CONSTITUTION THURSDAY was born out of an idea that I had in February of 2009. As the Tea Party movement was really just starting to percolate, I though it would be cool to have a “Constitutional Coffee Klatch” on a regular basis at a local restaurant or bar where we could eat, drink, read and discuss the Constitution, much as our great-grand-forefathers did. That idea eventually morphed (for a number of reasons) into what was the Afternoons Live Book Guild, but the thought of a pure Constitu ...
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 We've got two representative plaintiffs that purport to essentially represent a group of similarly situated people. And in this case, they talk about potentially hundreds, if not thousands of similarly situated actors. The first question I have is, is to what extent do these two actors, pursuant to their SAG agreement, have the right to sue um, in…
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From Shannon Lietz: For companies that are starting to adopt things like AI, and Copilot, and ChatGPT, and LLAMA, and you name whatever LLM that's out there, Are they evaluating their policies with relationship to how data gets used ? My perspective is, if you're going to bring in public data, or you're going to bring in copyrighted materials, note…
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From Joel MacMull: The French competition authority last week said the tech giant, Google, failed to negotiate fair licensing deals with media outlets and did not tell them it was using their articles to train its chatbot. And as a consequence, it fined Google about 270 million US dollars. The fine was in Euros, but that's roughly what we're dealin…
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In today’s episode, we talk about how Air Canada tried to defend itself in court by contending that the chatbot on its company site is its own entity and is separate from Air Canada. A lot of the “fun” in this case is the absurdity of the defense. However, it’s a good case for thought experiments, thinking about the near term future of AI and who u…
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In today's episode, we investigate a case featuring a deep fake of a George Carlin comedy routine. We're also adding a new host, the voice of AILAH, an AI engine who will be giving us real time responses to questions within the discussion. Shannon and I were intrigued by some of the ideas AILAH came up with, which moved our thoughts in a direction …
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You are listening to AI, the Law and You, a show where a lawyer, a layman, and a technologist discuss the current state of AI in court filings and the court's response to those filings. These are not scripted talking points. What you hear are real conversations between Joel MacMull (the lawyer), Shannon Lietz (the technologist), and Mark Miller (th…
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In today's episode, we examine the case of Steven Thaler trying to copyright protect a piece of artwork generated by his instructions to an AI creation engine. We'll start with Joel's overview of the case. The Thaler case is interesting for a couple of reasons. One is obviously that it deals with AI, but it is also an extension of existing legal pr…
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In today’s episode, we examine the case against Michael Cohen, former Trump legal advisor, whose own counsel was exposed in a New York Times article on December 29, 2023, for using ChatGPT, non-existence legal citations in a court filing. The interesting twist to the story is that Cohen, himself, provided those citations to his counsel. I’ll let la…
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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 busines…
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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…
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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…
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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 tee…
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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…
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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 exa…
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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 …
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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…
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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 …
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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 pro…
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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 l…
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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, ha…
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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 seco…
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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…
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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 promis…
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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 …
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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 t…
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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 i…
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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 Januar…
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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…
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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 t…
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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 a…
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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…
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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…
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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 …
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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 k…
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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 redu…
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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 pi…
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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 re…
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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 becaus…
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In today’s episode, we discuss the procedures that determine whether your case qualifies to be heard in the Small Claims Court. Hi, my name is Rose. A couple of years ago, I entered into an agreement with someone to build a website for my new business. The developer invoiced me for KES.100,000 to do the work, asking that it be paid upfront. Immedia…
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In today’s episode, we discuss the copyright issues of a Podcaster whose ex-boyfriend has threatened to sue her for using his song in her podcast without his consent. Hi there, I used to date this singer. He was ok but had not yet found success when we were dating. At that time, I had started a podcast and I used one of his recorded songs in the in…
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In today’s episode, we discuss the legalities of owning a firearm following the recent story of Juma Mohamed Motha who was accused of failing to secure the pistol contrary to the Firearms Act at his home in Lavington on March 4, 2020 along with other charges. A city resident has been charged with failure to secure a firearm after police officers wh…
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In today’s episode, we discuss whether your relatives can use a letter to prevent you from working in government, similar to the recent story of Philip Murgor, an advocate, who was vying for the position of Chief Justice. We are joined by Guest Advocate and Legal Researcher at Swala Nyeti, Joy Mutimba-Vetil who specialises in Commercial Conveyancin…
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In today’s episode, we discuss the issues of freedom of expression, false publication and bail similar to those in the recent story of activist Edwin Kiama who was arrested after being accused of publishing false information about the President on social media. An activist Edwin Kiama was arrested after circulating several posters on social media c…
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In today’s episode, we discuss if an employer can deduct time from an employee's leave days to make up the time she leaves work an hour earlier. I have been employed at the same place since 2014. I started out as a receptionist but was later promoted to an administrator. My contract has a provision for pro-rata leave of 1.75 days for each completed…
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In today’s episode, we discuss whether a buyer can get a refund from a service provider who fails to deliver on the correct product items as agreed. I paid for some cups (I needed 50 pcs black ones with orange colour on the inside) for design at a shop in town. When I was buying, they told me they had only 10 in that shop and the rest will be gotte…
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In today’s episode, we look at whether a business owner can sue the ex-wife of a Director of a Company that owes their business money? My name is Kyalo. I run an office cleaning business, but over the past few years it has become very difficult to keep it afloat. One of the reasons is that some of my clients took up my services for long periods of …
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In today’s episode, we discuss if you can force a newspaper to retract a defamatory story and publish an apology. Similar to the current case of Dinlas Pharma EPZ, which demands Nation Media to retract a story the newspaper published about it earlier this month and issue an apology. Dinlas Pharma EPZ Limited is a company that was authorised by the …
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In today’s episode, we discuss what legal options one has in a case where you are accused of trespassing on your own land. This is similar to the recent case of GA Insurance Ltd vs Diku Transporters. GA insurance Limited claims it purchased a piece of land for Kshs. 92 million originally owned by Sadru Ramjis from Economic Industries. Dikus Transpo…
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In today’s episode, we discuss questions related to children's custody, rights, interests and adoption and they will be answered by Wangui Waihura a Lawyer in Family Law. Question 1 When we separated from my abusive husband, he never sent me a shilling for our baby. But now that I’m remarrying four years later, he wants joint custody. Can I stop hi…
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In today's episode, we look at the rights of both the employee and employer in regards to dismissal over social media which is similar to the recent story of Shaffie Weru, Neville and DJ Joe Mfalme, popular radio presenters at Homeboyz Radio, who were terminated by their employer over social media. Shaffie Weru, Neville and DJ Joe Mfalme, popular r…
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