The Supreme Court dismissed an appeal by a former teacher, Simon Kamau Johana, who sought to challenge his interdiction from service nearly two decades ago. In a ruling delivered on Friday, the apex court held that it lacked jurisdiction to hear the matter, as it did not involve constitutional interpretation or application as required under Article 163(4)(a) of the Constitution. Johana, a teacher employed by the Teachers Service Commission (TSC), was first interdicted in 1998 and later faced a second interdiction in July 2006 while serving at Maiuni Secondary School. He was accused of inciting students, insubordination, and neglect of…
Author: Pinnah Mokeira
The Supreme Court found that the Nakuru County Government violated the constitutional right to fair administrative action of Nakuru-based surgeon Dr Magare Gikenyi when it abruptly stopped his salary without prior notice or a hearing. However, the apex court upheld earlier decisions by the Employment and Labour Relations Court and the Court of Appeal, declining to award Dr Gikenyi back pay or damages for alleged discrimination, constructive dismissal, and other constitutional violations. The dispute arose from Dr. Gikenyi’s paid study leave, granted in 2013 to allow him to pursue a Master of Medicine degree at Moi University. The four-year leave…
The Supreme Court on Friday handed former Deputy President Rigathi Gachagua a partial legal victory after allowing his cross-appeal challenging judicial bias to proceed. In a consolidated ruling, a five-judge bench led by Chief Justice Martha Koome dismissed attempts by the National Assembly to strike out Gachagua’s cross-appeal, affirming his right to contest the Court of Appeal’s findings on whether High Court judges who handled his impeachment petitions ought to have recused themselves. Gachagua argues that the three-judge bench that heard his impeachment-related cases was tainted by bias and conflict of interest. He claimed the Court of Appeal erred by…
The High Court sitting in Kibera was asked to declare the ongoing murder trial against Sarah Wairimu Kamotho a mistrial, following allegations of serious prosecutorial and procedural irregularities that the defence says have fatally undermined the proceedings. The defence sought orders declaring the part-heard trial a nullity, vacating all rulings and orders made so far, and directing that the case start afresh before a different judge to be appointed by the Presiding Judge of the Nairobi High Court Criminal Division. When the matter came up for hearing, defence counsel Pravin Bowery insisted that the application is not one for recusal…
A Nairobi-based lawyer filed a formal petition before the National Assembly seeking the immediate removal of Judicial Service Commission (JSC) Vice Chairperson Isaac Rutto over alleged violation of constitutional requirements on political neutrality after attending a ruling party meeting at State House. The petition, lodged by Muriuki Eric Mwirigi, accuses Rutto, a public representative on the JSC of “serious violation of the Constitution” and “gross misconduct” for openly participating in the United Democratic Alliance (UDA) National Governing Council meeting on January 26. Photographs and social media posts presented as evidence show Rutto donning full UDA party colours at the high-level…
The High Court ruled that the state has been violating the Constitution for years by continuing to prosecute individuals under robbery-related laws that were declared unconstitutional in 2016. Justice Lawrence Mugambi found that various state agencies, including the Office of the Director of Public Prosecutions (ODPP), the Judiciary, and Parliament, persistently violated citizens’ fundamental rights by arresting, charging, trying, and convicting people under Sections 295, 296(1) and 297 (1)(2)of the Penal Code long after they were invalidated. The case stems from a 2016 High Court decision in Joseph Kaberia Kahinga and 11 Others v Attorney General, where a three-judge bench…
A group of 21 advisors to the President urgently moved to court seeking to suspend a judgment that invalidated their offices and appointments. The application for stay, filed on January 27, 2026 came days after High Court Judge Justice Bahati Mwamuye delivered a judgement on January 22, which found the creation of the “Advisors to the President” offices unconstitutional. The advisors, listed as Interested Parties in the petition filed by the Katiba Institute, argued that without an immediate suspension of the judgment’s effects, their intended appeal to the Court of Appeal will be rendered meaningless. In a Certificate of Urgency…
Katiba Institute filed an urgent contempt of court application against two presidential advisors for allegedly defying a High Court ruling that declared their offices unconstitutional. The move comes just days after Justice Bahati Mwamuye nullified the appointment of 21 advisors to President William Ruto, citing violations of the Constitution and public service laws. In an application certified as extremely urgent, the petitioner accuses David Ndii and Harriet Chiggai of openly disregarding the court’s orders and engaging in conduct that “scandalizes the judiciary.” According to court documents, Chiggai allegedly attended a public function and posted about her official role on social…
The High Court in Nakuru ordered that public entities may only engage private advocates or law firms with the express and formal approval of the Attorney-General. In a ruling delivered by Justice Samwel Mohochi, the court directed that, effective January 12, no public entity shall procure, continue to procure, or engage private advocates where in-house legal officers exist unless the engagement is properly justified and approved in accordance with the Constitution. Under the orders, public bodies within the national government must obtain express approval from the Attorney-General before instructing external counsel. County governments, must secure formal approval from their respective…
Katiba Institute filed an urgent petition, accusing the Executive and the National Assembly of openly defying binding court judgments by appointing members to key tribunals. The litigation and research organisation is challenging the reappointment of Advocate Winnie Tsuma to the National Environment Tribunal by the Cabinet Secretary for Environment, and the enactment of the Gambling Control Act (2025), which grants the President and a Cabinet Secretary powers to appoint members of the newly created Gaming Appeals Tribunal. In the court documents, the petitioner’s lawyer Joshua Malidzo Nyawa, accused the government of “headstrong contumaciousness born of bold impunity, open defiance, and…
The Supreme Court lifted restrictions that had barred Senior Counsel Ahmednasir Abdullahi and members of his law firm from appearing before the apex court, nearly two years after the sanction was imposed. In a ruling delivered in Nairobi on January 23, 2026, the court held that the senior counsel had been given sufficient time to reflect on his conduct and that assurances had been given that the dignity and decorum of the court would be upheld going forward. The decision arose from an oral application made in a petition filed by the Attorney General on behalf of the Cabinet Secretary…
The High Court is set to determine whether regulations enforced by the National Transport and Safety Authority (NTSA) banning graffiti on Public Service Vehicles violate constitutional rights. This follows a fiercely contested hearing on Wednesday, January 21. The case, stemming from a 2025 petition by art enthusiast and matatu user Michael Makubo William, challenges the NTSA’s enforcement notice requiring PSVs with graffiti, artistic designs, customised lighting, or tinted windows to remove the features or face penalties including being grounded and deregistered. Makubo through his lawyer Outa Mwalela, argued that the NTSA’s 2014 regulations and the subsequent enforcement are fundamentally flawed…
The High Court has temporarily halted the construction, financing and implementation of the Sh11 billion Riruta-Ngong Commuter Meter Gauge Railway Project pending the hearing and determination of a petition filed by Okiya Omtatah and two others. In interim conservatory orders issued on Tuesday, Justice Bahati Mwamuye restrained the Kenya Railway corporation (KRC) and respondents, whether jointly or severally, and whether directly or through their agents, employees or contractors, from progressing with the impugned project. The court further barred the allocation, disbursement or utilisation of any funds from the Railway Development Fund or the Consolidated Fund, outside budgetary allocations already approved…
A Nairobi court directed Mumias East MP Peter Salasya to issue a public apology and participate in a national peace and cohesion campaign as part of a settlement in his ongoing hate speech case. Senior Resident Magistrate Paul Mutai issued the directions on Monday after ruling that key terms of a conciliation agreement between Salasya and the National Cohesion and Integration Commission (NCIC) had not yet been implemented. Salasya is facing charges over statements he allegedly made during political engagements in Meru and Isiolo counties, as well as along the Nanyuki route. Prosecutors contend that the remarks amounted to hate…
A Nairobi court has released two suspects linked to a cybercrime scheme involving fake promises to alter Kenya Certificate of Secondary Education (KCSE) results on a cash bail of Sh70,000 each. Chief Magistrate Lucas Onyina on Minday declined an application by the Directorate of Criminal Investigations (DCI) to detain the suspects for 14 days, instead he has ordered them to be released on bail pending investigations. The suspects, David Opiyo Odhiambo and Albert Kerry Nyandianga, are under investigation for false publication and obtaining money by false pretences. In his ruling, the magistrate directed the two to appear before DCI officers…