The High Court has dismissed applications by senior government officials and businessman Jayesh Saini seeking to have their names struck out of a multi-million-shilling lawsuit over the alleged development of specialised software for the Government of Kenya.
In a ruling delivered on June 25, 2026, the court held that the case raises serious triable issues that can only be resolved through a full hearing and not at the preliminary stage.
The applications had been filed by the Principal Secretary at the National Treasury, the Head of Public Service, the Attorney General and businessman Jayesh Saini, who argued that they had been improperly joined in the proceedings.
The government officials maintained that the plaintiffs had failed to disclose a reasonable cause of action against them, describing the suit as frivolous, vexatious and an abuse of the court process.
Saini, the fourth defendant, argued that he had no contractual relationship or direct communication with the plaintiffs and therefore could not be held liable. He also denied having any authority to procure government contracts or finance projects on behalf of the State.
However, the court found that the plaintiffs had pleaded sufficient facts linking all the defendants to the disputed software project.
The judge noted that the plaintiffs alleged the fifth defendant acted as an agent of the government and made representations with the knowledge and approval of the other defendants, including senior government officials.
According to the court, the plaintiffs further claimed that meetings involving officials from the National Treasury, the Head of Public Service and Jayesh Saini were held to discuss financing the software project and that the funds were to come from the National Treasury’s confidential vote.
The judge ruled that the truthfulness of those allegations can only be established during the trial after witnesses testify and evidence is examined.
On Saini’s application, the court held that the plaintiffs had made specific allegations that he introduced himself as the person responsible for financing the project, participated in meetings and made representations regarding the funding and implementation of the software.
The court found that those claims, if proved at trial, could establish liability and therefore disclosed a prima facie case against him.
The judge further held that striking out the defendants at this stage would amount to determining contested facts through affidavit evidence instead of a full trial, contrary to established legal principles.
Consequently, the court dismissed both applications, paving the way for all the defendants to remain parties to the suit as the case proceeds to hearing.
[07/07, 17:48] Cyrus Ombati Star: Linda Mwananchi aspirants demand action against political violence, goon culture
The Linda Mwananchi Aspirants Caucus has condemned the rising wave of political violence and the use of hired goons to disrupt political activities, warning that the trend poses a serious threat to Kenya’s democracy and constitutional order.
Addressing a press conference, the caucus, which brings together young leaders seeking elective office under the Linda Mwananchi Movement, expressed concern over what it described as growing political intolerance and the increasing use of violence to silence dissenting voices.
The group said Kenya’s democratic space must remain one where citizens freely assemble, campaign, associate and express their political views without fear of intimidation or violence.
Citing the Constitution, the caucus said Articles 33, 36, 37 and 38 guarantee freedom of expression, association, peaceful assembly and political participation, rights it argued are being undermined by politically sponsored violence.
The aspirants alleged that recent incidents in areas including Keumbu, Kitengela, Nyeri and Nairobi’s All Saints Cathedral had exposed a disturbing pattern in which criminal gangs allegedly operated alongside or with the protection of some police officers.
They said the continued loss of lives, injuries and destruction of property during political activities was unacceptable, arguing that no political ambition was worth the life of a Kenyan.
“The increasing normalization of goon culture is a dangerous precedent. Families have been left with graves where dreams once lived. No ambition, no party, no seat, no coalition and no slogan is worth the life of a single Kenyan,” the caucus said.
The group called on the Inspector-General of Police, the Directorate of Criminal Investigations and other security agencies to investigate and prosecute not only those directly involved in acts of violence but also the financiers, recruiters, transporters, coordinators and political beneficiaries behind the attacks.
It also urged the Inspector-General to commence disciplinary action within 48 hours against police officers alleged to have facilitated or abetted political violence.
Further, the caucus called on the Office of the Registrar of Political Parties to enforce constitutional provisions against political parties or officials found to be promoting or benefiting from violence and intimidation.
The group also demanded that the government publish regular updates on investigations into deaths, injuries and destruction of property linked to political violence and urged the National Police Service to provide impartial protection to all peaceful political meetings and rallies.
The caucus appealed to political leaders across the political divide to exercise restraint, embrace tolerance and reject violence as a political strategy, saying democracy is strengthened through peaceful competition of ideas rather than intimidation.
It expressed optimism that Kenya could chart a more inclusive political future, pledging to champion what it described as a people-centred, accountable and transformative system of governance.
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