Kenya Law Reform Commission (KLRC)

It is not the employer's role to manage the "affairs of the heart" the Court ruled!.

While delivering a judgement in MNM v G4S Kenya Limited [2024] KEELRC 2248 (KLR), Justice James Rika found the termination to be unfair.

Kenya's Employment and Labour Relations Court stated that employers cannot police or interfere with consensual romantic relationships between employees, as doing so violates their constitutional rights to privacy and dignity.

The judgement emphasizes that while companies can have codes of conduct, they cannot adopt blanket bans on staff.

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Employment and Labour Relations Court Nairobi

The case arose from a petition by Okiya Omtata Okoiti challenging the placement of numerous tribunals within ministries and government departments despite their adjudicative role.

The Court of Appeal upheld the High Court’s determination that local tribunals established under Article 169(1)(d) of the Constitution are subordinate courts and therefore ought to operate under the Judiciary.

The Court of Appeal also affirmed the High Court's decision that that constitutional provision applies even to existing tribunals. The Court of Appeal held that tribunals performing judicial functions cannot remain under the control of the Executive, especially since the Executive is often a litigant before them.

This, the Court of Appeal found, would be an affront to the doctrine of separation of powers.
The Court of Appeal therefore agreed with the High Court's determination that the appointment and removal of tribunal members ought to be done by the Judicial Service Commission.

Applying the ejusdem generis rule, the Court of Appeal reasoned that local tribunals listed alongside subordinate courts in Article 169 must be treated as part of the judicial system.

The Court of Appeal also affirmed the decision of the High Court requiring the Attorney General and the Parliament to take proactive steps within their respective dockets towards propagating the Tribunals Bill with a view of transiting the local tribunals to the Judiciary.

The Judiciary has increasingly promoted Court-Annexed Mediation, especially in disputes such as succession, divorce and custody. Instead of spending years in court battles, parties sit down with a neutral mediator and try to resolve the dispute themselves.

This approach is supported by Article 159(2)(c) of the Constitution, which encourages alternative forms of dispute resolution, including mediation, as part of promoting access to justice.

But as mediation becomes more common, questions are also being raised about fairness and accountability within the process.

There are concerns that some parties, especially vulnerable ones, may agree to settlements without fully understanding their rights, or that the pressure to resolve cases quickly may sometimes overlook fairness where there are power imbalances.

The Law Society of Kenya (LSK) has also raised concerns about party autonomy, professional standards and the right to legal representation during mediation proceedings.

On 8th May 2026, the Judiciary and LSK issued a joint communiqué acknowledging these concerns and agreed on reforms such as better mediator accreditation, stronger oversight and the development of new ADR legislation.

Mediation promises faster, cheaper and more private justice. But how do we ensure that speed does not come at the expense of fairness and meaningful access to justice?

What are your thoughts?

The proposed National Forensic Science Bill, 2026 seeks to establish a comprehensive legal framework for forensic science and analytical laboratory services in Kenya.

The Bill further seeks to:

• Strengthen scientific investigations
• Improve the administration of justice
• Enhance registration and licencing of forensic laboratories
• Safeguard integrity of forensic evidence
• Promote safe use of chemicals thereby protecting the public

Public participation is a constitutional right. Your views matter in shaping this important piece of legislation.

Stakeholders and members of the public are encouraged to review the Bill and submit comments, recommendations and memoranda during the ongoing public participation process.

Together, let us build a stronger, accountable and scientifically credible justice system

The High Court in Kimathi v Inspector General of the Police Service & 5 others [2026] KEHC 2918 (KLR) considered the question of the retention of criminal records of offenders who are minors. In that case, the petitioner had been arrested at age 9 and his fingerprints and personal data entered into the criminal records register.

The case was however never prosecuted or concluded. Both the court file and the police file were lost. The criminal record however remained for over 20 years, preventing the petitioner from obtaining a certificate of good conduct.

The Court found that under section 14 of the Penal Code, children between the ages of eight and twelve can only be found guilty if found to have the capacity to know that they ought not to have done the act they are accused of.

Since no court ever made that determination in the petitioner’s case, the Court held that he should have been presumed not to bear criminal responsibility. No criminal records should therefore have been kept.

The Court however also held that even if the petitioner had been convicted, a child offender is a special child of the law. It emphasized that proceedings concerning that children are geared towards the child’s reformation and not retribution even where they are found guilty of an offence.

The Court found that the permanent maintenance of criminal records of children is not in the best interests of the children and therefore a violation of their rights under Article 53 of the Constitution. The Court rejected the absence of a statutory framework for expunging criminal records as a justification for maintaining such records.

The Court ordered the expungement of the petitioner’s criminal records, directed issuance of a certificate of good conduct that does not reference any offence, and awarded damages.

The month-long Enhanced Continuous Voter Registration (ECVR) drive by the Independent Electoral and Boundaries Commission (IEBC) ended on 28th April 2026. According to , the exercise added over 2.6 million new voters to the register.

Now that the drive has ended, a common question arises. Has voter registration stopped? It has not.

Article 88(4)(a) of the Constitution lists among the functions of IEBC “the continuous registration of citizens as voters.” Section 5(1) of the Elections Act (Cap. 7) further provides that registration of voters “shall be carried out at all times,” except during limited periods immediately before an election, by-election or referendum.

The recent ECVR drive was therefore an intensified phase of an ongoing process. Eligible citizens who have turned 18 or who were not previously registered may still apply for registration at Huduma Centres, IEBC constituency offices, or IEBC headquarters in Nairobi.

Article 38(3)(a) of the Constitution guarantees every adult citizen the right, without unreasonable restrictions, to be registered as a voter.

As provided under the Constitution and the Elections Act, voter registration remains continuous.

Congratulations to our outgoing Ag.Sec/CEO on his swearing-in as Judge of the Environment and Land Court.

In Ripples International v Attorney General & another; FIDA Kenya (Interested Party) [2022] KEHC 14888 (KLR), the High Court affirmed that provisions of the Law of Succession Act, Cap. 160, must be interpreted in line with the Constitution.
The Court relied on Article 262 and the Transitional & Consequential Provisions, which state that all pre-2010 laws must be read with the changes necessary to make them conform to the Constitution.
What this means:
Women and men must enjoy equal inheritance rights
Old discriminatory provisions cannot override the Constitution
Succession law must reflect dignity, equality and fairness
Even where old laws remain in the statute book, the Constitution reigns supreme.
Engage us in the comments section on whether Parliament should move to fully amend the Law of Succession Act in light of this judgment?

The petitioner in that case challenged a tender process conducted by a Community Based Organization (CBO) for construction of public facilities including a social hall, a school fence and toilets in Taita Taveta County. He alleged lack of transparency, fairness, and competitiveness in the procurement process.

The respondents challenged the petition, urging that since they were a CBO, they were not bound by public procurement laws.
The Court held that Article 227 of the Constitution embodies foundational procurement principles which are of universal application where public benefit is implicated.

Consequently, the Court found that private entities, including Community Based Organizations, which undertake procurement for projects of a public character and for public benefit, are bound to adhere to the overarching principles of public procurement set out in that Article.

The Court reasoned that limiting Article 227 strictly to state organs would create a loophole, allowing public functions outsourced to private actors to evade constitutional scrutiny. The court held that private entities assume constitutional obligations when performing public functions or handling projects serving the public.

Applying this principle, the court found the tender process unconstitutional due to vague notices, absence of evaluation criteria, and lack of transparency in communicating results.

The Court issued declaratory relief affirming that private entities conducting public-benefit procurements must comply with Article 227, even if they not fully subject to statutory procurement procedures.

The Court however declined to issue an order of certiorari quashing the procurement process because the projects were already complete.

Nairobi is hosting the World Health Summit Regional Meeting 2026. Over 2,000 delegates from more than 50 countries are attending. With the theme “Reimagining Africa’s Health Systems: Innovation, Integration and Interdependence”, the summit is spotlighting solutions to strengthen Africa’s health systems and advance global health progress.
As leaders and experts gather, it is important to highlight what the law says about health.

The Constitution is clear. Article 43 1(a) guarantees every person the right to the highest attainable standard of health, including reproductive health care and Article 43(2) adds that no one should ever be denied emergency medical treatment. These are not aspirational statements, they are binding obligations on the State.

The Health Act (Cap. 241) builds on this promise, requiring both national and county governments to ensure services. Even as debates continue around the new Social Health Insurance Act, the constitutional position does not change, the State must keep moving toward accessible, quality healthcare for all.

So the question is not whether the law exists, it does. The real challenge is turning that right into lived reality. What do you think would make the biggest difference for all Kenyans?

Since 2019 Kenya has experienced a craze of wildlife trafficking. Hold your breathe! its not your ordinary elephant tasks and rhino horns, they are ants! Yes. You might wonder why the fuss. Here is the catch.

Under the Wildlife Conservation and Management Act Cap 367, ants have been included as part of the wildlife that forms the ecosystem. The Act defines wildlife as any wild and indigenous animal, plant, or microorganism within its constituent habitat.

Ants play such a major role in helping the ecosystem. They establish and operate through a uniquely coordinated establishment called colony. Like organized army they work together collectively to establish nests.

These species contribute to the vast growth of savannah and environment in general through seed disbursements. These nests, built within the cracks of the earth help with drainage system without which disaster to the human and environment is eminent. Now you know.