A Milimani Chief Magistrate’s Court will on February 10, 2026 rule whether to release a senior imam charged with obtaining money by false pretences. Omar Athman Omar is accused of obtaining a total of Sh774,000 from Mohamed Salim Bahlewa on December 18 and 19, 2025, by falsely claiming he was in a position to facilitate Salim’s participation in the Muslim pilgrimage, Umrah, in Mecca, Saudi Arabia. The prosecution told the court that the accused was arrested on February 7, 2026, at Jomo Kenyatta International Airport (JKIA) upon arrival into the country and did not voluntarily surrender to authorities. State counsel…
Author: Pinnah Mokeira
Activists Wanjiru Gikonyo and Cornelius Oduor Opuot moved to the Supreme Court after the Court of Appeal reinstated the National Government Constituencies Development Fund (NG-CDF). Through their lawyer, Joshua Malidzo Nyawa, the activists filed a Notice of Appeal declaring they are “aggrieved by the entire judgment” delivered by Court of Appeal judges Daniel Musinga, Francis Tuiyott and Aggrey Muchelule. According to the notice, they intend to challenge all findings and orders issued by the appellate court. The Court of Appeal ruling, delivered on Friday February 6, 2026, overturned a September 2024 High Court judgment that had declared the NG-CDF Act…
The Court of Appeal Friday overturned a High Court decision that declared the National Government Constituencies Development Fund (NG-CDF) Act, 2015 unconstitutional. In a judgment delivered, a three-judge bench led by Court of Appeal President Justice Daniel Musinga, alongside Justices Francis Tuiyott and Aggrey Muchelule, found that the High Court erred in invalidating the entire Act. The appellate court however declared Section 43(9) unconstitutional for breaching the principle of separation of powers. The dispute dates back to 2016, when petitioners challenged the NG-CDF Act, arguing that it undermined devolution, violated separation of powers, and created a parallel funding structure at…
The Employment and Labour Relations Court in Eldoret halted the national elections of the Kenya National Union of Nurses and Midwives (KNUNM) following a petition challenging the legality of the union’s constitution and electoral process. In a ruling delivered on February 4, 2016, Lady Justice Maureen Onyango suspended the election notice issued on November 20, 2025, stopping the polls that had been scheduled for February 6, 2026, pending further orders of the court. The case was filed by union member Kibii Koech Simion, who argues that the current KNUNM constitution dated December 16, 2022, and registered on August 28, 2024…
The Environment and Land Court has awarded Sh25.8 million in damages to more than 1,000 waste pickers working at the Dandora dumpsite in Nairobi. In the judgment delivered on Thursday, Lady justice Anne Omollo found that prolonged exposure to pollution at the dumpsite violated the waste pickers’ constitutional rights, including the right to a clean and healthy environment. Each of the 1,032 registered claimants will receive at least Sh25,000 as compensation. The plaintiffs had sought Sh500,000 each, totalling Sh516 million. The case was filed in 2023 by five plaintiffs; Abigael Alima Namanyi, Beryl Auma Awuor, Phanice Tabu Okello, Leah Kayange,…
The Judicial Service Commission (JSC) declined to take action on complaints raised against its Vice Chairperson Isaac Rutto saying the matter is currently before court and Parliament. In a letter dated February 4, 2026, addressed to Consumer Federation of Kenya (COFEK) Secretary General Stephen Mutoro, JSC Secretary Winfridah Mokaya said the Commission had deliberated on the complaint during a meeting held on February 2, 2026. The Commission said that the matter is sub judice, meaning it is pending before a court of law. Mokaya also that a petition has already been filed before the National Assembly under Article 251 of…
The Katiba Institute asked the Office of the Controller of Budget to stop approving any payments to former Presidential Advisors and their offices, following a ruling that declared the creation of the positions unconstitutional. In a letter addressed to Controller of Budget Dr. Margaret Nyakang’o, the constitutional litigation and advocacy group referenced the High Court judgment delivered on January 22, 2026. The organisation requested confirmation that, in line with Article 228 of the Constitution, no public funds have been or will be approved for the affected offices. The High Court had ruled that the creation of the advisory offices and…
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…
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…