A protected prosecution witness on Monday testified before the High Court that he was instructed by former Central Police Station Officer Commanding Station (OCS) Samson Talaam and another officer identified only as “AA” to format the station’s Digital Video Recorder (DVR), erasing CCTV footage recorded around the time Albert Omondi Ojwang died in police custody. The witness, identified in court only as Dan to protect his identity, was the second prosecution witness in the murder trial facing Talaam and five co-accused. Earlier, the Office of the Director of Public Prosecutions (ODPP), while outlining its case, told the court it would…
Author: Pinnah Mokeira
The Judiciary on Monday dismissed the Law Society of Kenya’s (LSK) planned nationwide court boycott as “inappropriate and disproportionate,” maintaining that all courts will remain operational on Wednesday, July 22, 2026, despite advocates’ planned withdrawal from court proceedings. In a statement, Judiciary Spokesperson Paul Ndemo, said the institution had received the LSK’s notice of a nationwide boycott but insisted that court operations would continue as scheduled. The Judiciary argued that the move would primarily affect litigants and other court users whose cases are due for hearing and determination. “The institution does not consider a boycott of court proceedings to be…
A petition was filed before the High Court in Nairobi seeking disciplinary action and the possible removal from office of Mumias East Member of Parliament Peter Salasya over allegations of assault and the promotion of cannabis-infused edibles. The petition, filed by Fred Muka, a registered voter in Mumias East Constituency, accused the first-term legislator of violating the leadership and integrity provisions under Chapter Six of the Constitution. In the constitutional petition, Muka sought conservatory orders barring Salasya from publishing or disseminating media content allegedly depicting the use of narcotic substances. He also wanted the court to direct the National Assembly’s…
A public interest activist has petitioned the Independent Electoral and Boundaries Commission (IEBC) to postpone the Ol Kalou Constituency by-election scheduled for July 16, 2026, arguing that the prevailing political environment could undermine the credibility of the poll. In the petition, Francis Awino contended that reports of political tension, confrontations and incidents of violence have created conditions that may prevent the conduct of a free, fair and credible election as required by the Constitution. The petitioner contended that the IEBC has a constitutional duty under Articles 81 and 86 to ensure elections are conducted in an environment free from violence,…
The Court of Appeal has dismissed an application by a couple seeking to suspend a High Court decision that stopped criminal investigations into an IVF and surrogacy arrangement, finding that although their intended appeal was arguable, they had failed to demonstrate that it would be rendered nugatory if the stay was not granted. A three-judge bench comprising Justices Luka Kimaru, Munyao Sila and Johnson Okello ruled that the applicants, Carla Marcela Mendizabal and Rene Matthews, had not met the threshold for the grant of a stay pending appeal under Rule 5(2)(b) of the Court of Appeal Rules. The dispute stems…
The Court of Appeal has upheld a High Court decision declaring that airport handling services provided for the export of cut flowers qualify as zero-rated exported services under the Value Added Tax (VAT) Act, dismissing an appeal by the Commissioner of Domestic Taxes. A three-judge bench comprising Justices Gatembu Kairu, Hedwig Ong’udi and Rachael Ngetich ruled that the logistical services offered by Airflo Limited at Jomo Kenyatta International Airport were consumed outside Kenya and therefore attracted a zero-rated VAT status. The dispute arose after Airflo Limited, formerly Panalpina Airflo Limited, sought VAT refunds amounting to about sh46 million for tax…
The Court of Appeal has overturned the disqualification of Sintmond Group Limited from a Kenya Electricity Generating Company (KenGen) tender for the sale of carbon credits, ruling that procuring entities cannot use the due diligence process to introduce evaluation criteria that had previously been declared optional. In a judgment delivered on July 10, a three-judge bench comprising Justices Ali-Aroni, Joel Ngugi and Paul Lilan allowed Sintmond Group’s appeal, set aside a High Court decision that had upheld its disqualification, and directed the Public Procurement Administrative Review Board to reconsider the dispute before a differently constituted panel. The dispute arose from…
Peter Oyan, a follower of Prophet Dr. David Owuor and the Ministry of Repentance and Holiness, has withdrawn a complaint he lodged against a television broadcaster over reports questioning his testimony that he was healed of HIV. The withdrawal was announced on July 12, by his legal team led by lawyer Danstan Omari, who said the Office of the Director of Public Prosecutions (ODPP) accepted Oyan’s request to discontinue the matter after investigations by the Directorate of Criminal Investigations (DCI). According to the lawyers, Oyan lodged the complaint on February 8, 2026, seeking legal redress over reports that questioned his…
The High Court ruled that a woman who marries a man while his earlier monogamous marriage is still legally subsisting is nevertheless entitled to recognition as a wife for purposes of inheritance under Kenya’s Law of Succession Act. In a judgment delivered on July 2, Justice Hillary Chemitei allowed an objection by Jane Jerry Kioko, declaring her a wife of the late Ndolo Kioko Musyimi and appointing her a joint administrator of his estate alongside the deceased’s children. The dispute arose following the death of Musyimi on December 30, 2021. His first marriage to Loise Wambui Muigai had been celebrated…
The High Court has ordered a judicial inquiry into the mental capacity of Martha Mwango Nyachae, whose power of attorney is at the center of a dispute over the management of the late Simeon Nyachae’s family companies. In a ruling delivered on June 30, Justice Peter Mulwa directed that Martha, a former wife of Nyachae be produced before the court on July 16, for an inquiry to determine whether she has the legal capacity to execute the power of attorney that authorized the lawsuit filed on her behalf. The suit was instituted by her son, Michael Nyachae, who, relying on…
A Milimani Chief Magistrate’s Court has granted the Directorate of Criminal Investigations (DCI) three days to continue investigating a woman accused of operating an X account that allegedly published information tracking the movements of President William Ruto’s flights. The DCI had sought orders before the Chief Magistrate’s Court at Milimani to detain Halima Ngache for seven days at Muthaiga Police Station, arguing that more time was needed to complete investigations into alleged cyber harassment under Section 27(1)(a) as read with Section 27(2) of the Computer Misuse and Cybercrimes Act. According to the miscellaneous application filed by Corporal Edwin Metto of…
Parents of learners at Gatoto Community Primary School in Mukuru kwa Njenga have vowed to challenge a High Court decision directing that the school be registered as a privately managed Alternative Provision of Basic Education and Training (APBET) institution, arguing that the move threatens children’s access to free public education. Through their lawyers Danstan Omari and Martina Swiga, the parents and community members announced that they will seek to stop the implementation of the judgment delivered on June 25, 2026, which ordered that the school be registered as a private non-profit APBET institution under the ownership and management of the…
Two separate constitutional petitions have been filed before the High Court in Nairobi seeking to suspend the implementation of the Traffic (Motor Vehicle Inspection) Rules, 2026, just days before the regulations are scheduled to take effect on July 1, 2026. The two petitions, filed by constitutional lawyer Charles Mugane and public interest organisation Sheria Mtaani, separately challenge the legality and constitutionality of the new inspection regime introduced by the National Transport and Safety Authority (NTSA). The rules, published under Legal Notice No. 13 of 2026 in February, require all privately owned motor vehicles that are more than four years old…
The High Court has granted Cape Holdings Limited leave to amend its constitutional petition challenging the enforcement of a Sh10.68 billion decretal sum and include the National Assembly as the third respondent in proceedings. When the matter came up for mention on Monday, Justice Patricia Mande Nyaundi, directed Cape Holdings to file and serve the amended petition within seven days, on or before July 7, 2026. “Cape is granted leave to amend and include the National Assembly (Parliament) as the 3rd respondent, as the petition challenges the constitutional validity of section 44(A) of the Banking Act, and serve the Petition…
A constitutional petition has been filed before the High Court in Nairobi, with Cape Holdings Limited and two of its directors seeking to halt the enforcement of a Sh10.68 billion decretal sum, arguing that a substantial portion of the amount accrued while the underlying arbitral award had been set aside by the courts. In the Petition, Cape Holdings Limited, alongside its directors Vinay Bipinchandra Sanghrajka and Bipinchandra Bhaichang Sanghrajka, sued Synergy Industrial Credit Limited and the Attorney General, challenging the constitutionality of enforcing the decree, which they say includes Sh9.01 billion in compounded interest. According to court documents, the dispute…