The High Court in Malindi has ruled that Kenya’s next presidential election ought to be held on August 11, 2026, declaring that the Constitution requires the poll to be conducted on the second Tuesday of August in the fifth year following the previous general election. In a judgment delivered on Friday, Lady Justice Mugure Thande found that the Independent Electoral and Boundaries Commission’s (IEBC) plan to conduct the next General Election in August 2027 is inconsistent with Article 136(2)(a) of the Constitution. Despite declaring the intended 2027 presidential election date unconstitutional, the judge suspended the declaration of invalidity until after…
Author: Pinnah Mokeira
The High Court has dismissed applications by several suppliers seeking to lift orders freezing the payment of more than Sh6.1 billion in pending bills owed by the National Youth Service (NYS). In a ruling delivered virtually on July 31, 2026, Justice Rose Ougo upheld interim orders issued on December 8, 2025, restraining NYS from paying six companies a total of Sh6,167,797,655 pending the hearing and determination of a suit filed by the anti-graft agency. The EACC maintained that the claims are founded on fraudulent procurement documents for goods that were never supplied. The 1st, 5th and 6th defendants had asked…
A Milimani Commercial Magistrate’s Court has ordered East African Breweries Plc (EABL) to deposit Sh10 million as security pending the hearing and determination of a commercial dispute filed by digital marketing firm Steizon Limited, a company associated with media personality and influencer Willis Wayne Raburu. In a ruling delivered on July 23, 2026 Senior Principal Magistrate Anne Nyoike directed EABL, the second defendant in the suit, to deposit the amount into a joint interest-earning account operated by advocates representing both parties within the period set by the court. The dispute arises from an alleged oral agreement under which Steizon Limited…
Rally driver Maxine Wahome was Tuesday acquitted of the murder of her late boyfriend, Asad Khan, after the High Court found that the prosecution had failed to present sufficient evidence linking her to his death. Justice Lilian Mutende, in a ruling delivered on Tuesday, found that the prosecution had failed to establish a prima facie case against Wahome, meaning she would not be required to be placed on her defence. Wahome had been charged with the murder of Khan, who died after sustaining serious injuries at Preston Apartments along Oloitoktok Road in Nairobi on December 12, 2022. In reaching her…
Chief Justice Martha Koome has suspended Kangema Senior Principal Magistrate Martin Kinyua Mutegi following his arrest over allegations of soliciting and receiving a Sh150,000 bribe. The magistrate was arrested on Tuesday alongside Principal Probation Officer Julius Irungu Njogu during an operation conducted by the Ethics and Anti-Corruption Commission (EACC) in Kangema town. According to the EACC, the two allegedly received the money from a businessman who had been convicted and was awaiting sentencing. The commission alleged that the bribe was intended to influence the preparation of a probation report and secure a non-custodial sentence for the businessman, who had been…
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…
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…