Breaking News

The Court of Appeal has extended the 1.5 per cent Housing Levy deduction until a ruling is issued on January 26.

After hearing an appeal brought forth by the National Assembly and the Speaker of the National Assembly Moses Wetangula, the Appellate Court's three-judge bench ruled that employees still part with the deductions for the fund that was declared unconstitutional by the High Court.

The bench consisted of Justice Lydia Achode, John Mativo and Paul Gachoka.

"Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated November 28, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on January 26, 2024," read the ruling in part.

President William Ruto at the Ruiru Affordable Housing Project, Kiambu County on November 9, 2023.

PCS

"In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling. Made at Nairobi January 3, 2024." read the ruling in part.

Notably, before the delivery of the judgement, the government through Attorney General Justin Muturi, pleaded with the court to allow for the deductions to continue until the matter is determined.

According to the government, President William Ruto's programme was beneficial to Kenyans owing to the jobs created. 

The Housing Levy was declared unconstitutional by a three-judge bench made of Justices David Majanja, Christine Meoli, and Lawrence Mugambi on November 28.

According to the three-judge bench, the levy contravened the constitution given that only employed Kenyans faced deductions.

Notably, the government through the leader of the Majority Kimani Ichung'wah tabled the Affordable Housing Bill which also proposes deductions of 1.5 per cent for Kenyans without formal employment.

However, the progress of the bill is expected to drag in court after the Vihiga High Court in December 2023, put a pause on the public participation process until the matter is heard and determined.

Kenyans were required to give their views on the Bill by December 28, 2023.

Meanwhile, Ruto accused some individuals in the Judiciary of sabotaging his development agenda indicating that the government would disobey certain court orders.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” Ruto stated during a funeral in Nyandarua County. 

However, the President came under sharp criticism from the opposition, the Law Society of Kenya (LSK) and Chief Justice Martha Koome.

In her rejoinder, Koome asked judges to continue with their work without intimidation from anyone.

"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," she stated.

Chief Justice Martha Koome presides over the launch of the National Sexual and Gender Based Violence Court Users Committee (CUC) at the Shanzu Law Courts on November 30, 2022.

Photo

Chief Justice Martha Koome

Chief Justice Martha Koome has hit back at claims propagated by President William Ruto and his allies, alleging that some officers from the Judiciary have been operating with impunity.

In a strong-worded statement on Wednesday, the Supreme Court President called upon all Kenyans to report any act that threatens the integrity of the judicial processes and allow JSC to investigate them. 

She noted with concern that Judges and Judicial Officers were subjected to public criticism for issuing court orders that were perceived to be against State programmes and policies. 

Thus, Koome warned that the Judiciary was an independent and co-equal arm of government. She also urged all Judges and Judicial Officers to continue performing their judicial duties without fear or favour. 

Chief Justice Martha Koome delivering the judgement of the presidential election petition at the Supreme Court on Monday, September 5, 2022

Photo

The Judiciary

"The Commission wishes to draw the attention of State and Public Officers to the fact that the Constitution places positive duties on the State to ensure respect for the law and adherence to the law by providing citizens with effective mechanisms for resolving disputes between themselves and between them and the State. 

"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it fatally attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," Koome stated. 

She further assured that the Judiciary Service Commission (JSC) kept the Judiciary in order and that any judges or magistrates with questionable behaviour would be investigated promptly.

"The JSC assures all Kenyans that any allegations or complaints of misconduct or corruption by any Judge or Judicial Officer will be dealt with firmly and swiftly in accordance with the Constitution," read the statement in part.

"The JSC has a proven record of taking action against any judicial officer who is found to have breached the Judicial Code of Conduct and Ethics or engaged in corrupt practices. The JSC therefore encourages anyone with information on any act that threatens the integrity of judicial processes and outcomes to report any such cases to the JSC for determinate action."

In a speech targeted at the judiciary while in Nyandarua on Tuesday, the President stated that beneficiaries of corruption had teamed up with corrupt judicial officers to deny Kenyans development.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” the president had said.

The utterances by the president have received condemnation from many quarters with the president of the Law Society of Kenya calling for nationwide peaceful protest next week. 

President William Ruto speaks during the burial of Michael Waweru, father of Nyandarua Senator John Methu in Nyandarua County on January 2, 2024.

PCS

Former Tourism Cabinet Secretary Najib Balala was on Friday arrested by detectives from the Ethics and Anti-Corruption Commission. 

The CS who served under former President Uhuru Kenyatta's administration is being held over graft charges.

Balala is being charged over an irregular payment of Ksh8.5 billion meant for the construction of Utalii College in Kilifi County.

EACC Spokesperson Eric Ngumbi confirmed to Kenyans.co.ke that the former CS was picked up in Nairobi on Thursday evening and spent the night at Kilimani Police Station.

Former Tourism Cabinet Secretary Najib Balala during a visit to Maasai Mara.

Photo

Najib Balala

He is set to be flown to Malindi today where he is expected to take a plea at Malindi Law Courts.

"We arrested him yesterday and he spent the night at Kilimani. He is being transported to Malindi. He will be charged before Malindi Courts," Ngumbi stated.

Balala was arrested alongside three other individuals namely Leah Adda Gwiyo, the former Permanent Secretary in the Ministry of Tourism, as well as a managing partner at an engineering company.

“Investigations were undertaken by the commission regarding the irregular payment of Ksh8.5B by the Tourism Fund out of which KSh4 billion was paid to Baseline Architects Ltd for consultancy services for the proposed Ronald Ngala Utalii College in Vipingo, Kilifi county,” Ngumbi told media outlets.

According to the Tourism Fund website, the institution was 77.74 per cent as of December 2022. It is expected to graduate 3,000 students on campus every year when completed.

Former Interior PS Karanja Kibicho earlier revealed that the institution had been during the reign of the late President Daniel Arap Moi and approved during President Mwai Kibaki's administration.

The construction of the project, however, fully took effect under the Jubilee administration after Uhuru assumed office.

Balala and the co-accused are facing more than 10 charges related to the project.

A collage image of a building of the Ronald Ngala Utalii College (Left) and an impression of the college in Kilifi County.

File

ICT CS Eliud Owalo has terminated the contract of Samuel Maina as acting Managing Director at the Kenya Broadcasting Corporation (KBC). 

Owalo, in a letter dated December 19, accused Maina of committing the government to pay over Ksh770 billion in a case versus Kenya Broadcasting Corporation without seeking the Ministry, National Treasury, and the Office of the Attorney General and Department of Justice authorisation. 

Maina, who also previously served as KBC’s former Editor-in-Chief, was accused of directing the media house to pay the money in an arbitration case filed at the London Court of International Arbitration (LCIA). 

"The appointment of Mr. Samuel Maina as acting Managing Director is terminated with immediate effect.

A photo of the entrance at the Kenya Broadcasting Corporation (KBC).

Photo

KBC

"Mr. Samuel Maina should proceed on suspension immediately and disciplinary action instituted against him by the Board," Owalo added. 

He also appointed Paul Macharia, currently the Communication Economic Expert at the National Communications Secretariat, which falls under the mandate of the Ministry of Information, Communications and the Digital Economy, as the Acting Managing Director.

Macharia's term will start with effect from Tuesday, December 19, for six (6) months.

Owalo also ordered the KBC board to expedite the process of recruitment of a substantive Managing Director for the corporation.

Maina, a former Vice-President of the Kenya Editors’ Guild, was appointed as Acting Managing Director (MD) of KBC following the exit of Naim Bilal, whose contract expired on March 19, 2022. 

The board, while announcing his appointment stated that he was tasked with ensuring continuity and smooth running of the corporation. However, he was asked to fill the position until a successor was appointed via a competitive process.

“The Board takes this opportunity to thank Dr Naim Bilal for his services at the corporation,” a statement by the board confirmed Maina's appointment. 

ICT CS Eliud Owalo hosts MPs from Nyanza and Nairobi, to discuss the partnership with them on the government's digital economy agenda on February 15, 2023.

Twitter

Eliud Owalo

The Energy Petroleum and Regulatory Authority (EPRA) on Thursday announced the new fuel prices for the period between December 15 this year and January 14, 2023. 

In the latest review, petrol decreased by Ksh5, diesel by Ksh2, and kerosene by Ksh4.01. Motorists in Nairobi will now pay Ksh212.36 for petrol, Ksh201.47 for diesel, and Ksh199.05 for Kerosene per litre.

"The prices are inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act. 2023, the Tax Laws (Amendment) Act 2020, and the revised rates for excise duty adjusted for inflation as per Legal Notice No. 194 of 2020," EPRA announced.

Previously, the prices stood at Ksh217.36, Ksh203.47, and Ksh203.06 for petrol, diesel, and kerosene, respectively.

A photo of a petrol station attendant pumping fuel into a car in Nairobi County in February 2020.

Photo

Ma3Route

Besides Nairobi, motorists in other cities will also enjoy a decrease in prices with motorists in Kisumu parting with Ksh212.12 for petrol, Ksh201.64 for diesel, and Ksh199.23 for kerosene.

Those in Mombasa will be charged Ksh209.3 for petrol, Ksh198.41 for diesel, and Ksh195.92 for kerosene. Meanwhile, Nakuru motorists will pay Ksh211.35, Ksh200.88, and Ksh198.46 for petrol, diesel and kerosene respectively.

Additionally, in Eldoret, Kenyans will part with Ksh212.12 (petrol), Ksh201.65(diesel), and Ksh199.23(kerosene).

According to EPRA, the landing cost of imported petrol decreased by 16.11 per cent in November, Diesel by 5.43 per cent, and kerosene by 6.63 per cent, leading to a decrease in fuel prices.

"The price of diesel has been cross-subsidized with that of super petrol to further cushion the economy, the government has opted to stabilise the resultant diesel price. Government through the National Treasury has identified resources within the current resource envelope to compensate Oil Marketing Companies," EPRA announced.

This relief comes after Kenyans have been grappling with the increasing prices throughout the year when the prices reached an all-time high of Ksh217.36 for a litre of petrol in October.

The high fuel prices in the country have raised questions as other countries like Tanzania announced a drop due to the decrease in prices in the global market. Kenya was thus expected to reduce fuel prices as oil supply outstripped demand globally. Oil consumption was said to have dropped owing to the winter season abroad.

Brent crude oil, which Kenya imports, was projected to plunge to USD69 a barrel by midday Tuesday compared to USD100 a barrel in September this year.

Meanwhile, back home, measures put in place to lower the prices, such as the Government to Government deal between Kenya and Saudi Arabia, have been unsuccessful, with oil marketers attributing the challenges faced to the depreciation of the Shilling.

Earlier, Energy Cabinet Secretary Davis Chirchir had hinted that the prices may cross the Ksh300 mark due to the Israel-Palestine war.

Transport CS Kipchumba Murkomen also called for an increase in the road maintenance levy from Ksh18 to Ksh23, which was expected to lead to high fuel prices. EPRA, however, reduced the fuel prices. 

Energy and Petroleum CS Davis Chirchir at a forum on Thursday, June 15, 2023

Photo

Ministry of Energy

Kenyans across the country reported experiencing a power outage on Sunday evening, marking the third time the country has been plunged into darkness within a few months.

Several Kenyans, commenting on various platforms, aired their discontentment questioning why the power outages have become frequent.

Government officials led by Energy CS Davis Chirchir have in the past been at pains to explain why Kenya Power is struggling to provide Kenyans with steady electricity to power their operations.

Nonetheless, led by Saboti member of Parliament Caleb Amisi, Kenyans called out Energy CS Davis Chirchir and Kenya Power CEO Joseph Siror lobbying for them to be held accountable.

Kenya Power Managing Director and CEO Joseph Siror addresses participants during the first Grid Conference at the Kenya School of Monetary Studies on June 8, 2023.

Photo

Kenya Power

''The frequent power outages in this country is a typical sign of underground nocturnal cabal activities. It is not a usual occurrence, neither is it by accident but by design. I dare say it is time for Davis Chirchir to leave Nairobi and retire in Kericho County,'' the MP stated

Jomo Kenyatta International Airport (JKIA) was also hit by a blackout which affected some terminals.

In the last power blackout that lasted more than 12 hours, Kenyans reported disruption of economic activities leading to massive losses. 

Appearing before Senators in September, Energy CS Davis Chirchir attributed the first nationwide blackout this year to the tripping of masts which he claimed caused overvoltage.

“We are investigating the five towers that went down between Kijabe and Mt Longonot to ensure if it was a result of poor workmanship. I have asked KETRACO to establish if it’s the contractor to take liability for poor workmanship,” stated CS Chirchir.

One month down the line, speaking during an interview in October, Kenya Power Chief Executive Officer Joseph Siror linked the frequent power blackouts to the heavy downpours.

"When it rains heavily, it can cause trees to fall on the line, and it causes a short circuit, thereby causing a disturbance on the network," Siror stated.

Kenya Power later issued a statement clarifying the cause of the outage.

Energy Cabinet Secretary Davis Chirchir speaking during a conference on lowering cost of energy on Friday June 30, 2023.

Photo

Senate of Kenya

The Kenya Bureau of Standards (KEBS) on Wednesday, refuted claims that a Ksh17 billion consignment of edible oil imported by the government through Kenya National Trading Corporation (KNTC) was not safe for human consumption. 

In a statement, KEBS noted that it re-inspected and tested the edible oil imported by KNTC and did not find safety concerns.

"However, the sampled edible oils did not meet the Vitamin A levels specified in the Kenyan Standard. This is not a health and safety parameter; KEBS communicated the results to KNTC," the statement read in part.

"We would like to assure the public that KEBS is committed to ensuring the safety and quality of all locally manufactured and imported products into the country."

Kenya National Trading Corporation Managing Director Pamela Mutua (left) with formerTrade CS Moses Kuria.

Photo

Moses Kuria

According to KEBS, the edible oil was assessed using Pre-Export Verification of Conformity (PVC) which is a standard unit for assessing the quality of all goods and products being imported into the country.

To ensure no substandard goods find their way into the Kenyan market, PVC is implemented right in the exporting country. 

This guarantees that imported products adhere to the applicable Kenyan Technical Regulations, Mandatory Standards, or approved specifications according to KEBS. 

"KEBS samples and re-inspects products accompanied by Certificates of Conformity (CoCs) at the Port of Entry as a routine," the quality-control body added. 

KEBS assured members of the public that it was dedicated to ensuring the highest level of safety and quality of products. 

Kenyans were requested to inform KEBS upon encountering any products suspected to be substandard. 

Earlier media reports had stated that KEBS had rejected the consignment and ordered KNTC to reship them back to the country of origin or be destroyed at the importer’s cost.

Additionally, in the now refuted claims, it had been reported that the edible oil contained insoluble impurities making it unsafe for human consumption.

A supermarket shelf in Kenya.

Photo

Jambo Shop

In a notice by the Deputy Director of Public Prosecution Jacinta Nyamosi, Nyakang'o is among eleven individuals set to face four counts including conspiracy to defraud and operating a Sacco without a licence contrary to the Law.

Other offences included forgery and uttering a false document, contrary to section 353 of the penal code.

According to the ODPP, there was sufficient evidence to charge the suspects with the four offences.

Margaret Nyakang'o during her swearing-in as CoB on Wednesday, December 4 2019.

Photo

Judiciary of Kenya

The ODPP received a letter from the complainant on October 31, 2023, indicating the offences allegedly committed by the suspects.

ODPP noted that upon perusal and review of the documents, they revealed that there was sufficient evidence to charge the suspects. 

"The file was again resubmitted to the Office of the Director of Public Prosecutions through a letter dated October 31, 2023, for further directions and upon perusal of the new evidence, we find that the following persons are criminally culpable," the letter read in part. 

As the COB, Nyakang'o's role involves monitoring the use of public funds in both the national and county governments and preparing reports to Parliament on how the funds are utilised.

Since taking office on December 4, 2019, Nyakang'o has been unearthing various graft and loopholes within the government.

On March 7, 2023, Nyakang'o confessed that she was coerced to sign off Ksh15 billion days before the 2022 General Election. 

While appearing before the Parliamentary Public Petitions Committee, she tabled evidence of private chats with a former Cabinet Secretary who pressed her to release the money days before the election.

Nyakang'o responded to the messages, stating that she could not approve as she was out of the office. The former CS, however, responded, informing her that she needed to devise how to deal with the situation.

In September, she also raised the alarm over the Ksh15.3 billion spent by the National Treasury without approval.

Nyakang'o accused the Treasury of spending billions without following the law, expressing fears that the funds could be misused. 

A photo of Kenya National Assembly.

Photo

Parliament of Kenya

The High Court on Tuesday declared some sections of the Finance Act, 2023 unconstitutional including the Housing Levy. 

A three-judge bench comprising Justices David Majanja, Christine Meoli, and Lawrence Mugambi ordered the government to cease collection of Housing Levy holding it contravenes the Constitution. 

"The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary, and against the constitution," Justice David Majanja ruled.  

A photo of the statue outside the Nairobi Law Courts

Photo

Judiciary

Immediately after the ruling, State attorneys asked the High Court for an order to prevent Kenyans from demanding Housing Levy refunds.

While delivering the ruling, Justice Mugambi however observed that budget estimates were legally presented. He pointed out that the Finance Bill was a money bill in line with Article 114 of the Constitution. 

"In view of the foregoing, we are satisfied that, applying the peel and substance test, the Finance Bill 2023 is a money bill; however, it contains matters that are extraneous to a money bill and are unconstitutional," Justice Mugambi ruled. 

While the High Court was satisfied that the public participation process conducted by the National Assembly was sufficient, it faulted the Parliamentary Committee for failing to factor in proposals fronted by Kenyans.

The petitioners had further argued that the National Assembly erred by not involving the Senate in the formulation of the law.

The 3-judge bench ruled that the National Assembly Speaker Moses Wetang’ula did not have to seek concurrence from Senate speaker Amason Kingi on the Finance Act, 2023. 

Chief Justice Martha Koome had, on July 18,  selected the Judges to hear and determine petitions challenging the Finance Act, 2023.

This was after Busia Senator Okiya Omtatah, the Law Society of Kenya and others moved to court challenging the Finance Act, saying that it was unconstitutional.

"The High Court Bench has declared the Housing Levy unconstitutional for violating key provisions including singling out Formal Sector," Omtatah celebrated moments after the ruling. 

Lawyer and Busia Senator Okiya Omtatah on June 18, 2023.

Photo

Okiya Omtatah

The International Criminal Court on Monday announced that it is currently wrapping up investigations in cases facing 6 Kenyan suspects accused of crimes against humanity committed after the 2007 presidential elections.

In a statement sent to Kenyans. co. ke, ICC Deputy prosecutor Nazhat Shameem Khan stated that she had reached the decision after assessing the information available to her after Chief Prosecutor Karim Khan recused himself from the case.

''After assessing all the information available to me at this time, I have decided to conclude the investigation phase in the Situation in Kenya. I have reached this decision after considering the specific facts and circumstances of this Situation,'' the statement read in part. 

International Criminal Court (ICC) Chief Prosecutor Karim Khan addressing the court at the Hague Netherlands.

Photo

International Criminal Court (ICC)

President William Ruto was among the 6 suspects who at the time, were accused of masterminding political violence after the disputed presidential election results.

Others included; former President Uhuru Kenyatta, former minister Henry Kosgey, former Inspector General Mohammed Hussein Ali, former Head of Public Service Francis Muthaura, and radio presenter Joshua Arap Sang.

The accused persons have since 2010 had all their cases withdrawn or terminated with the prosecution citing a lack of evidence and interference of witnesses.

While rendering its decision, the Hague-based court however pointed out that the cases against Walter Barasa and  Philip Bett, currently at large, who were accused of tampering with witnesses remain before the court.

The court further pointed out that while it will not pursue additional cases against witnesses it retains the authority to act on information relating to retaliation against witnesses.

Barasa and Bett were pursued by the court after investigations established they had interfered with witnesses.

President Ruto's former lawyer Paul Gicheru, the late, was also accused of tampering with witnesses.

Gicheru died in September 2022 under mysterious circumstances at his house in Karen, Nairobi, County.

The late lawyer's death further complicated investigations. Gicheru had already appeared before the court to testify.

Kenyan Lawyer Paul Gicheru at the opening of his trial at the International Criminal Court on February 15, 2022

Photo

ICC