The High Court in Nairobi suspended the National Transport and Safety Authority’s (NTSA) new automated instant fines system pending hearing and determination of a petition filed by Sharia mtaani. In orders issued, Justice Bahati Mwamuye granted conservatory orders restraining NTSA, its Director-General, and KCB Bank Kenya joined as an interested party from “issuing, generating, demanding or enforcing instant or automated traffic penalties produced through algorithmic or other automated decision-making systems.” The orders were issued after an urgent petition was filed by public benefit organisation Sheria Mtaani na Shadrack Wambui, challenging a public notice issued by NTSA on March 9, 2026…
Author: Pinnah Mokeira
A Nairobi-based printing and packaging company is facing a legal battle after nine former employees filed separate lawsuits alleging systematic underpayment, denial of leave, abrupt termination, and exposure to hazardous working conditions without protective gear. The employees, who worked at Precise Printpack Limited between 2020 and 2025, have lodged claims at the Milimani Law Court in Nairobi seeking damages totaling hundreds of thousands of shillings. The claimants worked in various roles including machine operators, general workers, and production assistants. Their periods of employment range from eight months to over four years, with some having joined the company as early as…
A Nairobi resident petitioned the High Court to declare the National Transport and Safety Authority’s (NTSA) newly launched Instant Traffic Fines Management System unconstitutional, arguing that it unlawfully usurps the powers of the judiciary and violates the right to a fair trial. In the petition, Kennedy Maingi Mutwiri, through the firm Jama Munene Kyalo Advocates LLP, sued NTSA and the Attorney General. Simultaneously, the petitioner filed a Notice of Motion seeking urgent conservatory orders to suspend the system’s operation pending the hearing and determination of the main petition. The suit comes just a day after NTSA announced the system was…
Sections 22 and 23 of the Computer Misuse and Cybercrimes Act, 2018 are unconstitutional, the Court of Appeal of Kenya ruled. In a judgment delivered on March 6, 2026, a three-judge bench comprising Justices Patrick Kiage, Aggrey Muchelule and William Ouko found that the two provisions which criminalised false publications and publication of false information were overly broad and likely to net innocent persons. The judges held that the provisions were “so broad, wide and untargeted, akin to unguided missiles,” and could easily capture innocent citizens, including individuals who share or forward information online without verifying its accuracy. “These provisions…
The Court of Appeal dismissed an attempt by the Assets Recovery Agency (ARA) to block the release of Sh537 million held in accounts linked to former Nairobi Governor Mike Sonko. In a ruling delivered on March 4, a three-judge bench comprising Justices Kathurima M’inoti, Chacha Mwita, and Bryam Ongaya held that it lacked the jurisdiction to grant a stay of execution against what it described as a “negative order” issued by the High Court. The ARA, through lawyer Esther Muchiri, had moved to the appellate court seeking to stay a judgment by Justice Sifuna, who had previously dismissed the agency’s…
The Environment and Land Court temporarily stopped the planned demolition of thousands of homes and businesses along the Nairobi River, handing a reprieve to residents of Blue Estate, Kamukunji, Gikomba and adjoining areas who were facing eviction over alleged encroachment on a 30-metre riparian reserve. Lady Justice Lilian Kimani certified as urgent the petition filed by the River Bank Settlement Scheme and four individual petitioners, and directed that the current status quo on the suit land be maintained pending an inter partes hearing scheduled for March 10. The petitioners moved to court on March 3, 2026 after the Water Resources…
The Court of Appeal partially suspended an Employment and labour Court judgment that declared the National Police Service Commission (NPSC) lacks constitutional authority to recruit police officers. In a ruling delivered on February 27, appellate judges Musinga (President), Mumbi Ngugi and Odunga stayed the High Court’s declarations to the extent that they vest exclusive powers over promotions and dismissals of police officers in the Inspector General’s office, pending the hearing of an appeal by the Law Society of Kenya (LSK). However, the court declined to stop the ongoing recruitment of police constables, ruling that the exercise had already been completed…
The Environment and Land Court ruled that it lacks jurisdiction to hear a petition challenging the construction and operation of the Ritz-Carlton Maasai Mara Safari Camp, striking out the entire case on grounds that the petitioner failed to exhaust alternative dispute resolution mechanisms. In a ruling delivered on February 26, 2026 Lady Justice Lucy Gacheru upheld a preliminary objection by the Narok county government and The National Environment Management Authority (NEMA) and dismissed the petition filed by activist Dr. Joel Meitaemi Ole Dapash, with costs awarded to the respondents. The court found that the petitioner had contravened the doctrine of…
The High Court in Kiambu declined to certify as urgent a petition challenging the imposition of a Sh30,000 annual access fee on motorists using Palm Valley Road in Runda. In directions issued on February 17, 2026 Lady Justice Dorah Chepkwony ruled that the application filed by petitioner Raymond Kamau did not meet the threshold for urgent certification. Kamau has sued the Palm North Estate Residents’ Association and GardaWorld (Kenya) Limited, which is said to be enforcing the levy. The Cabinet Secretary for Roads and Transport and the Attorney General are also named as respondents. The petition, filed on February 12,…
A man accused of conspiring to defraud another of USD394,209 (approximately Sh51 million) will remain in custody until March 2, 2026 when the court will rule on whether to release him on bail. Abdinoor Sharmake Mohamed appeared before Principal Magistrate Gilbert Shikwe at the Makadara Law Courts on Wednesday. He faces charges of conspiracy to defraud and giving false information to a public officer. According to the charge sheet, Mohamed, along with three other suspects Muna Dahir Dalmar, Salma Osman Gureye, and Shamis Warsame Osman allegedly conspired between May 2023 and March 2024 to defraud Abdiaziz Abdullahi Fidow of the…
The High Court has issued conservatory orders barring Safaricom PLC and Director of criminal investigations (DCI) from accessing or disseminating the personal data of university student David Ooga Mokaya pending the hearing of his petition. In orders issued on February 25, Justice Bahati Mwamuye directed that, pending the inter partes hearing of Mokaya’s Notice of Motion dated February 23, the Respondent and Interested Parties are restrained from transferring, sharing, disseminating or otherwise divulging any of the petitioner’s personal data without his express written consent, a valid court order, or reliance on an express provision of written law. The case arises…
A Moi University student who was acquitted last week in a cybercrime case involving false information about President William Ruto has now sued telecommunications giant Safaricom for Sh200 million alleging a “blatant violation of is privacy rights.” In a petition filed under certificate of urgency, David Ooga Mokaya through his lawyer Danstan Omari, claimed that his rights were violated after his mobile phone data was allegedly released to the Directorate of Criminal Investigations (DCI) without his consent. Mokaya was previously charged with publishing false information linked to President William Samoei Ruto. He had been arrested and arraigned at Milimani Law…
Ten petitioners, suing on their own behalf and on behalf of more than 600 other Kenyans, have moved to court seeking urgent intervention to secure their rescue and repatriation from Cambodia before a February 28, 2026 deadline, after which they risk arrest and imprisonment by Cambodian authorities. In court filings, the group says they were lured out of Kenya by fraudulent recruitment agents who promised legitimate job opportunities in Thailand. Instead, upon arrival in Southeast Asia, they allege they were transported against their will to Cambodia and handed over to human trafficking syndicates. “We were informed and falsely led to…
The High Court ordered the government to pay Sh55 million in compensation to 22 judges whose appointment was delayed for nearly two years by former President Uhuru Kenyatta. This was after the court found out that their constitutional rights were egregiously violated. In a judgment delivered on Thursday, Justice Lawrence Mugambi ruled that the 22-month delay in appointing the judges despite their recommendation by the Judicial Service Commission (JSC) was unreasonable, unconstitutional and a breach of their rights to dignity and fair administrative action under Articles 28 and 47 of the Constitution. The 22 petitioners had been nominated to serve…
The High Court in Nyeri sentenced a man to death for the murder of a seven-year-old girl whose body he buried inside his house before continuing to live there. Justice Kizito Magare handed down the sentence on Thursday to Nicholas Julius Macharia, describing the offence as one marked by a profound disregard for human life and dignity. Macharia had initially pleaded not guilty to the charge of murdering TBK, on May 24, 2025, in the Witemere area of Nyeri Township, but later changed his plea to guilty. The child was known to him through her family. In his confession, Macharia…