The Senate has moved to the Court of Appeal to challenge a High Court decision that found flaws in the impeachment proceedings against former Deputy President Rigathi Gachagua. The appeal was filed by the Speaker of the Senate Amason Kingi and the Senate, challenging a judgment delivered on June 8, by a three-judge bench comprising Justices Eric Ogola, Dr. Fridah Mugambi and Anthony Mrima. The High Court had found that Gachagua’s right to a fair hearing was violated after the Senate declined to grant him an adjournment during the impeachment proceedings. The court subsequently awarded Gachagua Sh50 million in constitutional…
Author: Pinnah Mokeira
Two companies at the centre of the controversial Ruaraka land dispute have moved to the High Court seeking to stop the Ethics and Anti-Corruption Commission (EACC) from recovering Sh1.5 billion pending the determination of their appeal before the Supreme Court. Afrison Export Import Limited and Huelands Limited have filed an urgent application before the High Court’s Judicial Review Division, challenging the EACC’s decision to commence recovery of the funds paid to them over the acquisition of land occupied by Ruaraka High School and Drive-In Primary School. The companies want the court to grant them leave to institute judicial review proceedings…
A Nairobi court has acquitted nine of 11 suspects in a long-running cyber fraud case in which prosecutors alleged a syndicate hacked the Kenya Revenue Authority (KRA) and fraudulently obtained about Sh3.9 billion. Milimani Chief Magistrate Carolyne Nyaguthii Mugo, in a ruling delivered on August 11, found that the prosecution had failed to establish a prima facie case against most of the accused persons. The decision brings a major setback to the prosecution in a case that began in 2017 and involved allegations of sophisticated cyberattacks targeting KRA’s tax systems. The suspects had faced charges including conspiracy to commit a…
A man moved to the High Court seeking to stop a directive by the Kenya Revenue Authority (KRA) and Kenya Ports Authority (KPA) requiring importers to transfer domestic cargo to designated Container Freight Stations (CFSs). The petitioner Henry Namiti Shitanda filed an urgent petition challenging the directive, arguing that it unlawfully restricts importers’ freedom to choose where their goods are cleared and was introduced without adequate public participation or stakeholder consultation. Shitanda claimed the directive issued by the two State agencies in early August 2026 was developed and implemented without transparency, alleging that it violates constitutional principles of accountability and…
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…
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…