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…
Author: Pinnah Mokeira
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…
A Nairobi court on Monday declined to review the Sh500,000 cash bail imposed on Atheists in Kenya founder Harrison Mumia, directing that a pre-bail report be filed before any decision is made. Mumia appeared before Chief Magistrate Rose Ndombi for pre-trial directions, during which he also asked the court to compel the prosecution to supply a statement from President William Ruto, whom he said is the principal complainant in the case. Through his lawyer, Suyianka Lempaa, Mumia argued that the charge sheet lists only two witnesses despite the alleged victim being the Head of State. “Your Honour, we have seen…
The Court of Appeal blocked the sentencing of the Chief Executive Officer of Mater Misericordiae Hospital, who was found guilty of contempt of court in an employment dispute. In a ruling delivered, a three-judge bench comprising Justices Francis Tuiyott, Pauline Nyamweya and Joel Ngugi granted a temporary stay, preventing the CEO from appearing before the lower court for mitigation and a potential jail sentence, which was scheduled for this Friday, January 16, 2026. The appellate court restrained the ELRC from proceeding with mitigation, sentencing or any other penal consequences arising from the contempt finding against the hospital, which is operated…
The Court of Appeal has suspended the execution of a Sh485.8 million judgement issued by the High Court in a family dispute involving the management of a company linked to the estate of the late Samuel Maina Gatonga. In a ruling delivered on January 16, 2026 a three-judge bench comprising Justices Lydia Achode, Aggrey Muchelule and George Odunga granted a stay of execution pending the hearing and determination of an intended appeal by three brothers, John Kaguma Maina, Charles Kanyuga and Stanley Kariuki Maina. The applicants had moved to the appellate court challenging a High Court decision by Justice Mongare…
The Court of Appeal granted the Commissioner of Customs and Border Control a stay of execution suspending a High Court order that required the payment of Sh21 million in value-added tax (VAT) refunds to Animix Limited, pending the determination of an intended appeal. In a ruling delivered on January 16, 2026 a three-judge bench comprising Justices Mumbi Ngugi, Francis Tuiyott and Joel Ngugi held that the appeal raised arguable legal questions and that releasing the funds before the appeal is heard could have far-reaching implications for public revenue. The dispute stems from a tax classification disagreement that began before the…
The Court of Appeal dismissed an appeal by a former employee of the Nairobi City Water and Sewerage Company (NCWSC) who was sacked for his role in the loss of Sh1.2 million in company funds. Stephen Ndolo, a former Cashier Verification Supervisor, had challenged his 2013 dismissal, arguing that his termination was unfair and that the company’s cash management system was flawed. However, in a judgment delivered on January 16, 2026 a three-judge bench comprising Justices Francis Tuiyott, Aggrey Muchelule, and George Vincent Odunga found that Ndolo’s failure to account for the cash constituted gross misconduct and justified his summary…