The Court of Appeal cleared the way for the recruitment of a chairperson and six commissioners of the National Land Commission (NLC), after temporarily suspending High Court orders that had nullified the selection process. In a ruling delivered on February 13, 2026, a three-judge bench comprising Justices Pauline Nyamweya, Aggrey Muchelule and Weldon Korir granted conservatory orders allowing recruitment to proceed for positions that are undisputedly vacant. The court, however, expressly protected the tenure of two serving commissioners whose terms are still active. The legal battle stems from a High Court judgment delivered on November 11, 2025 by Justice Chacha…
Author: Pinnah Mokeira
The Court of Appeal has reduced a Sh7.5 million defamation award against a Nairobi businessman to Sh3 million, holding that although his letter accusing a senior banker of corruption was defamatory, the original damages were excessive given the limited circulation of the publication. In a judgment delivered on February 13, 2026, appellate judges Francis Tuiyott, Aggrey Muchelule and Joel Ngugi partially allowed an appeal filed by Paul Matumbi, proprietor of Prudential Valuers Limited, against Henry Tanui, a former Head of Credit at Consolidated Bank of Kenya. The dispute arose from a February 26, 2008 letter Matumbi wrote to the bank’s…
The Court of Appeal has allowed an appeal by Del Monte Kenya Limited, reviving the company’s long-running challenge against a 2012 labour court judgment after more than a decade of procedural litigation. In a ruling delivered on February 13, a bench comprising Daniel Kiio Musinga (President), Mumbi Ngugi and George Odunga overturned an earlier decision by single appellate judge Kibaya Laibuta that had blocked the company from filing its appeal out of time. The dispute originates from a 2012 judgment of the Industrial Court in a case filed by Patrick Njuguna Kariuki, where the court awarded him Sh8.86 million and…
The High Court sitting in Embu dismissed one of the Election Petitions filed by two petitioners after finding that they failed to comply with the mandatory requirement to deposit security for costs within the stipulated timeline. At the same time, the court ruled that Election Petition filed by Newton Kariuki Ndwiga challenging the Mbeere North by-election, will proceed as scheduled. In a ruling delivered on Thursday, Justice Richard Mwongo allowed applications filed by Mbeere North MP Leo Wa Muthende challenging the petition on grounds that the petitioners, Julieta Karigi Kithumbu and Patrick Gitonga Gichoni, did not deposit the required Sh500,000…
The Political Parties Disputes Tribunal temporarily halted the removal of Nairobi Senator Edwin Sifuna as ODM Secretary General, issuing interim orders stopping the implementation and gazettement of the party’s Wednesday resolution . Acting chairperson Gad Gathu certified Sifuna’s application as urgent on Thursday, ruling that the resolution passed by ODM’s National Executive Committee in Mombasa on February 11 cannot take effect pending inter partes hearing of the matter . “That pending the hearing and determination of this instant application, inter partes, this Honourable Tribunal hereby issues orders staying the implementation of the resolution made by the National Executive Committee of…
The State has defended its decision to prosecute family members and associates of the late former Attorney General James Boro Karugu, saying investigations uncovered compelling evidence of forgery linked to his alleged last will. In a replying affidavit filed jointly by the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), investigators said the decision to charge the suspects is based on forensic document examination findings and witness statements collected during investigations. Seven petitioners, relatives and associates of the late Karugu have moved to court seeking to stop their impending prosecution. The criminal complaint…
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…
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…