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The High Court on Friday declared the National Government, Constituency Development Fund (NG-CDF) unconstitutional.

The three-judge bench comprising Justices Kanyi Kimondo, Justice Mugure Thande and Lady Justice Roselyne Aburili observed that NG-CDF undermined the spirit of devolution and faulted the extra layer created which leads to wastage of public resources.

“For all the above reasons and conclusions, we now make the following declarations, that the National Government Constituency Development Fund Act of 2015 as amended in 2022, and 2023 is hereby declared unconstitutional,” stated the court. 

In their ruling, the three judges directed that pending government projects funded under the NG-CDF be completed by June 2026, when the fund will cease being operational.

"That NG-CDF and all its projects, programs and activities shall cease to operate at the stroke of midnight on 30th June 2026," the court declared.

President William Ruto assents to the NG-CDF Bill as other leaders look on at State House on Monday, December 11, 2023.

PCS

The court further observed that NG-CDF has also created overlaps in government activities.

While issuing the judgement, the judges further noted that the lack of the Senate's input is direct contravention of the 2010 Constitution.

The court concluded that the Act violated the Doctrine of Separation of Powers since MPs who are custodians of the fund were involved in its establishment.

The court also noted that the NG-CDF creates a parallel unit of development separate from the counties.

Parties in the case were directed to bear their own costs.

In 2016, Katiba Institute challenged the constitutionality of the Act which argued that the Act violated the Separation of Powers Doctrine.

Attention now turns to MPs who are likely to direct their wrath at the courts especially since they rely on the fund to initiate projects they use to advance their political careers. Lawmakers have in the past threatened to shoot down budgets over the NG-CDF tussle.

The Milimani Law Courts building which hosts the High Court

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Office of the Registrar High Court

The High Court in Nairobi on Friday set aside its initial decision to sentence Deputy Inspector General of Police, Gilbert Masengeli to six months in prison.

While delivering the ruling, Justice Lawrence Mugambi acknowledged Masengeli's apology tendered before the court during the hearing.

The judge stated he was convinced by Masengeli's apology and the turn of events after the top cop was cross-examined by advocates.

"The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and the authority of this court," stated Justice Mugambi.

High Court Judge Lawrence Mugambi.

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File

"It is not the work of the court to punish a genuinely remorseful man," the judge added.

Following the ruling, Justice Lawrence Mugambi announced the decision to recuse himself from the case citing personal reasons. 

The court's decision comes barely an hour after the police boss expressed remorse over contempt of court after which he pleaded for forgiveness.

"I apologise to the court for the events that have transpired leading to the orders of this court. My lord, I respect you for the good work that you do to uphold the rule of law. I pray that this court accepts my apology," pleaded the police DIG.

While tendering his apology, the Deputy Inspector General distanced himself from links to the abduction of three activists kidnapped in Kitengela back in August.

Masengeli claimed he only learned about the release of Bob Njagi, Jamil Longton and his brother Aslam Longton during the court proceedings.

"I don't know them (Kitengela three), I knew them when it was recorded at Kitengela Police Station and circulated by the OCS," Masengeli told the court.

"What I know is that investigations are still ongoing and up to the time I was coming to the court, they had not been found," he added. 

Deputy Inspector General of Police Gilbert Masengeli in a meeting with Dr Chandaria at his office on August 9, 2024

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NPS

The High Court in Nairobi on Friday granted Deputy Inspector General of Police Gilbert Masengeli a chance to redeem himself after he was sentenced to six months in prison.

In his directive, Justice Lawrence Mugambi announced the suspension of Masengeli's sentence, which was to commence today, for seven days.

The judge went ahead to grant Masengeli the opportunity to apologise and explain why he ignored the summons a record seven times.

"Mr Gilbert Masengeli can avoid the sentence if he complies with the direction to obey the court summons," Justice Mugambi stated.

Acting Police Inspector General Gilbert Masengeli during a past event.

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National Police Service

"I therefore suspend the sentence for 7 days only. He can redeem himself by availing himself before the court in person," the judge added.

Following the decision, Justice Mugambi adjourned the court proceedings for 30 minutes after which Masengeli would be allowed to comment on the case.

Before the adjournment, Masengeli had began by explaining he was unavailable because he was attending to crucial matters of national security, particularly protecting the country's borders. 

Masengeli was represented by Attorney General Dorcas Oduor and lawyer Steve Ogolla.

The case which has since attracted public attention was lodged by the Law Society of Kenya (LSK) which sought the court to compel Masengeli to release Bob Njagi, Jamil Longton and his brother Aslam Longton who had been kidnapped in Kitengela.

In the petition, LSK obtained a court order directing Masengeli to appear before the court to explain the disappearance of the three individuals.

However, Masengeli failed to comply with the directive despite the court directing him to appear in court in person on several occasions.

After weeks of defying the court, Justice Mugambi found Masengeli guilty of contempt and sentenced him to six months in prison.

Even while Mugambi was sentencing Masengeli, the Deputy IG failed to show up in court.

The Milimani Law Courts building which hosts the High Court

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Office of the Registrar High Court

Collins Toroitich Kibet, the grandson of the late President Daniel Moi, has been arrested after being a fugitive for several months .

Kibet was nabbed in Ongata Rongai on Wednesday, September 17, bringing an end to authorities'  gruelling seven-month search for his whereabouts.

Authorities have been pursuing the former President's grandson after he defied several court orders to support his two children. 

After a warrant of his arrest was issued earlier this year, Kibet went into hiding, leaving authorities struggling to locate him.

An image of Moi's grandson Collins Kibet in 2022.

DPPS

Kibet's woes date back to 2021, when he was dragged to court by his ex-wife Gladys Jeruto Tagi, who claimed he had neglected his financial obligations towards their two children.

At the time, Kibet claimed to be broke, saying he could only afford to cover his children's medical expenses through the National Hospital Insurance Fund (NHIF) medical cover. He further claimed to be living off well-wishers' contributions.

An affidavit from 2021 tabled before a Nakuru court suggested Kibet's children had to be moved to a public school due to financial constraints.

Since a court ruling in 2022, Kibet owed at least Ksh 2.2 million in expenses for his children.

Meanwhile, Jeruto, who vied for a seat in the Koibatek Ward during the 2017 General Election, has claimed through her lawyer Steve Biko that she is incapable of financially supporting the two children on her own.

In March 2024, it was reported that the children, both in their early teens, were forced to stay at home due to non-payment of school fees.

The arrest warrant for Kibet was issued in March 2024 after he failed to honour court summons for two months.

Amid multiple attempts to serve Kibet with court orders, the former President's grandson successfully evaded authorities, and contempt proceedings against him were inevitably initiated in January 2024.

In the past, Kibet attempted to deny ever being in a marriage with Jeruto and has claimed to have two other children with a different partner who is based abroad.
 

Former President Daniel Moi at presiding a national event in event in 1998.

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Presidential Library, Museum and Exhibitions

The National Assembly on Wednesday approved the appointment of Douglas Kanja as the next Inspector General of Police.

The Assembly upheld his appointment on Wednesday afternoon after Gabriel Tongoyo, the Chairperson of the Departmental Committee on Administration and National Security, submitted to the house that his committee had approved the appointment.

National Assembly Speaker Moses Wetangula announced the approval following a report of two joint committees from both the National Assembly and the Senate, which are the Departmental Committees on Administration and Internal Affairs and the Senate Standing Committee on Security, Defence, and Foreign Relations, that recommended his appointment following his exemplary discharge of duties as Deputy Inspector General.

''Taking into consideration the findings of the joint committees of the National Assembly Departmental Committee on Administration and Internal Affairs and the Senate standing committee on Defence and Foreign Relations in its report on the vetting of Douglas Kanja Kirocho for approval as the Inspector General of the National Police Service. This house approves the appointment of Douglas Kanja Kirocho as the Inspector General of the National Police Service,’’ Wetangula stated.

Kanja's nomination came at the height of the anti-government protests when the then IG Japeth Koome tendered his resignation to the house on July 12.

Inspector General of Police Douglas Kanja.

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NPS

As Kanja waited for his appointment to be confirmed, Gilbert Masengeli served as the Inspector General of Police in an acting capacity.

All eyes will be on Kanja, especially on how he plans to address the issues of police reforms, and brutality as well as those relating to the strained relationship between the National Police Service (NPS) and the Judiciary.

During the hearings, the lawmakers while expressing their satisfaction with the appointment, called on him to address the issues plaguing the Service.

‘’Kanja has been a very good officer in the service and his commitment cannot be questionable, when he was the DIG, he could attend to your issues as soon as you called him and I hope and know that that is what he will also do to the citizens,’’ Owen Baya, the Deputy Majority Leader reiterated.

''It is coming at a time when the Acting Inspector General is demonstrating impunity against a judge and unexplained forced disappearances,'' noted Otiende Amolo, Rarieda MP.

‘’This is one of the appointments that in this house we say give it chance, because since the new constitution was enacted this is the only time that we seem to be getting it,’’ Junet Mohammed, the minority leader echoed.

Masengeli has been on the public watch following his decision to snub court summons, a move that made High Court Judge Lawrence Mugambi sentence him to 6 months in prison for each contempt count.

Kanja is also expected to address security concerns in the country surrounding threats posed by extremist groups like Al Shabaab and the banditry issues facing areas within the Rift Valley.

Before his appointment, Kanja served as the Deputy Inspector-General (DIG), National Police Service, a role he excelled in after being instrumental in overseeing police operations and ensuring the effective management of the service.

Kanja also served as the Commandant of the General Service Unit(GSU) before rising to the rank of DIG.

A picture of Vigilance House

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X

The security assigned to High Court Judge Lawrence Mugambi has been withdrawn with immediate effect.

This comes barely three days after the judge sentenced Acting Inspector General of Police Gilbert Masengeli to 6 months in prison for contempt of court.

Mugambi had been assigned security after he raised concerns about being surveilled by police officers concerning multiple summonses of the acting IG.

According to the judge, senior police officers had made several inquiries of Mugambi's whereabouts, reaching out to his driver and bodyguard.

Acting Police Inspector General Gilbert Masengeli during a past event.

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National Police Service

The commandant of Security of Government Buildings Lazarus Opicho was at the centre of the controversy, having been the one calling the driver and the bodyguard.

However, appearing before the court on Friday under the summon of Judge Mugambi, Opicho said that the calls were made out of genuine concerns for the judge's security, especially after the shooting of a magistrate at Makadara Law Courts.

He then apologised to the judge saying, “After the Makadara Law Court shooting incident, I found it prudent to personally call the police assigned to the judge for a briefing,” Opicho said.

Asked why he had chosen to contact his aides instead of him directly, Opicho apologised for that as well and promised to be more direct the next time.

“I endeavour to serve you diligently and all the judicial officers and this will not happen again," Opicho stated.

Noting that the Acting IG was holding the judge at ransom, Judge Mugambi consequently sentenced him to 6 months in prison after missing court summons 7 times.

Despite his conviction, Masengeli is yet to start serving his sentence although he has been given a period of seven days to present himself.

Masengeli had been summoned in court to answer for the abductions and disappearances of activist Bob Njagi and siblings Jamil and Aslam Longton who were arrested by suspected police officers and never seen again about a month ago.

A photo of the Milimani Law Courts, Nairobi

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The Judiciary Kenya

The Energy and Petroleum Regulatory Authority (EPRA) on Saturday announced that the prices of Super Petrol and Diesel will remain unchanged in the September review.

Following EPRA's announcement, Super Petrol will retail at Ksh188.84, Diesel at Ksh171.60 while Kerosene will retail at Ksh158.32 after it decreased by Ksh3.43 per litre.

According to the energy regulator, the prices were inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act 2023, and the Tax Laws Amendment Act of 2020.

In a statement, EPRA noted that the calculated maximum retail prices of petroleum products would be in force from September 15, 2024, to October 14 of this year.

EPRA Director General Daniel Kiptoo speaking during the official release of the Energy and Petroleum Statistics Report on December 15, 2023.

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EPRA

EPRA further announced a decrease in the landed cost of imported Super Petrol which edged lower by 1.53% from Ksh91,300 (US$708.47 )per cubic metre in July 2024 to 89,938 (US$697.62) per cubic metre in August.

Meanwhile, the landed cost of Diesel decreased by 2.95% from Ksh89,528 (US$693.82) per cubic metre to 86,900 (US$673.36) per cubic metre.

"Currently, Kenya imports all its petroleum product requirements in refined form and the products are traded in international markets based on a pricing benchmark," EPRA stated.

"Further, the trade of petroleum products in the international markets is denominated in United States Dollars and an exchange rate is applied to convert the US Dollar to Ksh during the computation of local pump prices."

The decision to retain the fuel prices at the same levels compared to the previous month comes as a shock for many Kenyans who anticipated a drop in the prices.

Most Kenyans had expected a drop in the prices following the reduction in international oil prices amidst the shilling's stability over the last one month.

In its weekly bulletin published on Friday, September 13, the Central Bank noted that International oil prices declined marginally during the week ending September 12, due to a slowdown in global oil demand. 

“The Murban oil price declined to USD 72.34 per barrel on September 12 from USD 72.99 per barrel on September 5,” the Central Bank stated in its weekly report.

Fueling at a petrol station in Kenya.

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Kenyans.co.ke

Acting Inspector General Gilbert Masengeli was on Friday sentenced to six months in prison after he was found guilty of contempt of court.

In his ruling, Justice Lawrence Mugambi ordered Masengeli to surrender himself to the Commissioner General of Prisons to serve his sentence within the next seven days.

The judge further ordered that in the event Masengeli fails to surrender himself, Interior Cabinet Secretary Kithure Kindiki must take steps to ensure Masengeli is committed to prison to serve his sentence.

"Mr Gilbert Masengeli is sentenced to six months imprisonment, he is ordered to submit himself to the Commissioner of Kenya Prisons to ensure he is committed to a prison facility to commence serving sentence," ruled Justice Mugambi.

The Milimani Law Courts building which hosts the High Court

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Office of the Registrar High Court

"The court nevertheless finds it desirable to impose this sentence as a coercive order as opposed to a punitive order. Mr Masengeli may avoid serving this sentence and in that regard suspend this sentencing for seven days only."

Masengeli was on Tuesday, September 3, found guilty of contempt of court after snubbing six consecutive summons.

He had been summoned to appear before the judge to explain the whereabouts of two brothers, Jamil Longton and Aslam Longton, and activist Bob Njagi who were abducted in Kitengela last month.

Justice Mugambi in his previous ruling, termed Masengeli's conduct unacceptable and one that bordered on outright intimidation. 

“The willful disobedience of court orders is a direct affront to the rule of law. Those who defy court orders must be held accountable, and failure to appear in court amounts to direct contempt,” the judge commented.

Today's ruling followed an application filed by the accused who sought the court's decision to postpone his sentencing for a later date.

Masengeli wanted the court to suspend his sentencing on grounds that he was focusing on critical matters of national security.

He alleged that the ongoing security operations were paramount and required his immediate attention, thus justifying his non-attendance.

Acting Inspector General Gilbert Masengeli inspecting a guard of honour

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NPS

After a tense standoff that left hundreds of passengers stranded at Jomo Kenyatta International Airport (JKIA), striking workers have accepted a deal to return to their posts following a day-long protest. However, while operations resume, the dispute over the government’s plan to lease the airport to India’s Adani Group remains unresolved.

The airport workers, who downed their tools on Wednesday, have not backed down from their opposition to the proposed 30-year takeover by Adani. During the negotiations, facilitated by the Ministry of Transport and union leaders, an agreement was reached for the workers to resume duties. 

The strike, which disrupted flights across the country, forced a response from both the government and union leaders. What followed was a day-long negotiation that resulted in a temporary return to work.

Why it matters: The proposal seeks to make major upgrades on JKIA, but there has been opposition to the proposal that has been surrounded by a lack of transparency and clarity. Resolving the strike is crucial to reopening the airport while opening a door for dialogue on the matter.

Passengers queue at JKIA during a past industrial strike by Kenya Aviation Workers Union in Nairobi.

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Edwin Dande

Digg deeper: Despite the resumed services, the workers, represented by the Kenya Aviation Workers Union (KAWU), made it clear that the strike was merely a symptom of a broader disagreement over the management of Kenya's largest airport.

At the heart of the conflict is the government's push to lease JKIA to the Adani Group, a proposal that has sparked significant backlash. Workers, fearing for their job security and the future of the airport, downed their tools, prompting a severe disruption of airport operations. Local flights from Mombasa and Kisumu were significantly delayed, and police officers were left to manage security at check-in points as stranded passengers anxiously awaited updates.

The agreement reached between the Ministry of Transport and union leaders, while allowing operations to resume, has not quelled the discontent among workers. The workers have been granted veto powers, effectively giving them the ability to halt the deal at any point if their concerns are not addressed. This is no small concession, as the workers now wield significant influence over the final outcome of the lease proposal.

Central Organisation of Trade Unions (COTU) Secretary General Francis Atwoli, who played a key role in the negotiations, announced that while the workers had returned to their posts, the government had yet to convince them that the Adani deal was in their best interests. According to Atwoli, a series of meetings is scheduled to take place over the next 10 days to review the specifics of the deal.

“Kenya Airport Authority (KAA) shall not enter into any final agreement without consensus from the Kenya Aviation Workers Union,” Atwoli declared, emphasising the union’s continued opposition to the proposed takeover.

Moss Ndiema, Secretary General of KAWU, reinforced this position. “We are not endorsing the Adani deal,” Ndiema stated firmly. “This return to work is conditional, and we have been given the power to veto the agreement at any point if it does not align with the workers’ interests.”

What next: This cautious return to normalcy is accompanied by mounting pressure on the government to reveal the full terms of the deal. Transport Cabinet Secretary Davis Chirchir assured workers and the public that all relevant documents related to the deal would be submitted to the courts for transparency. He stressed that the government’s intention was to improve JKIA’s infrastructure, which is currently struggling to meet capacity demands, and that private investment is a necessary step forward.

However, the workers and their union remain sceptical. The concessions made during negotiations, including the inclusion of worker representatives in all future discussions, signal that the workers will not stand down easily. The battle over the future of JKIA is far from over, and the government faces a tough task in convincing not only the workers but also the broader Kenyan public that the Adani deal is the right move.

JKIA needs substantial upgrades to handle the growing number of passengers, and private sector investment is seen as the solution. However, the workers argue that handing over control to a foreign entity could compromise job security and the integrity of the airport’s operations. This impasse has now evolved into a broader conversation about the future of public infrastructure in Kenya.

As the 10-day review period begins, all eyes are on the outcome of the next round of negotiations. The government’s promise to involve all stakeholders in the discussions is a positive step, but it remains to be seen whether this will be enough to address the deep-rooted concerns of the workers.

A section of the Jomo Kenyatta International Airport (JKIA)

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KAA

A Nakuru Court on Monday ordered for the arrest of Uasin Gishu Governor Jonathan Bii and his former Deputy Governor John Barorot. 

The order, issued by Senior Principal Magistrate Peter Ndege, came after both officials failed to appear in court to testify in the ongoing Ksh1.1 billion Finland Education Programme scandal. 

Additionally, two other individuals linked to the case were also subjected to arrest warrants.

The scandal, which has drawn public attention, involves allegations of misappropriated funds intended for a collaborative education project with Finland. 

Uasin Gishu Governor, Jonathan Bii, speaking at a church service at Emkwen AIC Church on April 16, 2023.

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Jonathan Bii

The case has been marred by delays and non-compliance by key figures who were expected to provide crucial testimony regarding the mismanagement of funds.

The Senior Principal Magistrate issued arrest warrants for five individuals, including two who were previously bonded by the prosecution but failed to appear in court. 

The arrest orders extended to Hillary Ruto, Stephen Lel, and Edwin Lel. 

Additionally, the court has summoned two key witnesses, Mercy Tarus and Joel Koech, to testify.

These witnesses are crucial in the case against Uasin Gishu Senator Jackson Mandago and two others who are charged with the misappropriation of finances in the Finland saga. 

This fund was initially earmarked for an overseas education scholarship intended for needy children. 

The testimony of Tarus and Koech is expected to play a pivotal role in the proceedings, shedding light on the alleged financial misconduct.

In July 2024, a revelation in a Nakuru court stunned attendees when Joel Cheruiyot Chelule, the chairperson of the Uasin Gishu County Revolving Fund, confessed to receiving substantial payments for accompanying a former county governor on international trips. 

Chelule disclosed that he was awarded Ksh 700,000 as per diem for travelling with the then-county governor to Finland and Canada in 2021. 

The purpose of their travel was to sign a Memorandum of Understanding with three universities aimed at establishing an overseas education program for students from the county.

Uasin Gishu Governor Jonathan Bii Chelilim driving a tractor.

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Jonathan Bii