Also known as: Judge Bahati Mwamuye · High Court Judge Bahati Mwamuye · High Court Justice Bahati Mwamuye
High Court judge who has ruled on constitutional matters including restrictions on retired presidents, shisha regulations, and prosecutions of lawyers.
Verbatim sentences from the source article.
Capital News
… On September 21, High Court Justice Bahati Mwamuye declared unconstitutional provisions restricting retired presidents from holding political party office beyond six months after leaving State House. …
Uhuru hits back at Ruto over attacks, political criticismCitizen Digital
… A three-judge bench led by Justices Charles Kariuki, Lawrence Mugambi and Bahati Mwamuye declared the communications, notices and directions issued by the JSC unconstitutional, legally ineffective, null and void. …
Relief for 7 Supreme Court judges as High Court quashes JSC removal noticesCapital News
… A three-judge bench comprising Justices Charles Kariuki, Lawrence Mugambi and Bahati Mwamuye declared the JSC’s communications, notices and directions arising from the complaints unconstitutional, null and void. …
High Court quashes JSC notices against seven Supreme Court judgesThe Standard
… In a joint statement, the two organisations said the officers' actions violated a High Court ruling by Justice Bahati Mwamuye requiring security personnel to wear clearly visible name tags or identifiable service numbers on their uniforms.The ruling also prohibits security office …
Outrage as KDF officers detain human rights team along Malindi-Lamu highwayThe Standard
… The judgment by Justice Bahati Mwamuye comes barely a week after another High Court judge, Justice Lawrence Mugambi, upheld the same restriction, setting up a rare conflict of judicial interpretation over the political rights of former presidents. …
Back like he never left: Court ruling thrusts Uhuru back into politicsThe Standard
… Justice Bahati Mwamuye's judgment comes barely a week after another High Court judge, Justice Lawrence Mugambi, upheld the same restriction, creating a rare conflict in judicial interpretation over former presidents' political rights. …
Unbound: Court ruling thrusts Uhuru back at centre of political stormThe Standard
… The legal position, however, shifted on Monday, September 21, when Justice Bahati Mwamuye declared the same restriction unconstitutional. …
Takeover: Uhuru hands Jubilee leadership to Matiang'iCapital News
… Justice Bahati Mwamuye declared Sections 4(1), 4(2), 4(3) and Section 6 unconstitutional, null and void. …
Azimio rebrands as Ukombozi Alliance as opposition seeks to consolidate ahead of 2027Citizen Digital
… In a judgment delivered by Justice Bahati Mwamuye the court ruled that Section 4 and Section 6 of the Presidential Retirement Benefits Act are unconstitutional, null and void. …
Court rules withholding ex-presidents' pensions over politics unconstitutionalCapital News
… In a far-reaching judgment delivered on Monday, Justice Bahati Mwamuye declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void. …
High Court bars parliament from reducing former presidents’ retirement benefitsRetired President Uhuru Kenyatta has hit back at President William Ruto over sustained criticism, accusing him of double-speak and attacking political opponents while calling for restraint. Kenyatta's remarks come amid an escalating political exchange between him and Ruto ahead of the 2027 General Election, with Ruto accusing his predecessor of sponsoring opposition politicians.
3 October 2026 · Capital News →
Retired President Uhuru Kenyatta has hit back at President William Ruto over sustained criticism, accusing him of double-speak and attacking political opponents while calling for restraint. Kenyatta's remarks come amid an escalating political exchange between him and Ruto ahead of the 2027 General Election, with Ruto accusing his predecessor of sponsoring opposition politicians.
3 October 2026 · Capital News →
The High Court has quashed removal notices issued by the Judicial Service Commission to seven Supreme Court judges, ruling that the JSC failed to undertake required preliminary assessment and violated constitutional fair procedure rights.
2 October 2026 · Citizen Digital →
The High Court has quashed notices issued by the Judicial Service Commission requiring seven Supreme Court judges, including Chief Justice Martha Koome, to respond to complaints seeking their removal, finding the commission failed to conduct a preliminary assessment before starting the removal process.
2 October 2026 · Capital News →
Six members of Muslims for Human Rights (MUHURI), including five staff and a board member, were detained by Kenya Defence Forces officers along the Malindi-Lamu highway on Monday for about two hours before being released. The Kenya Human Rights Commission and MUHURI condemned the detention, saying the officers covered their faces and refused to identify themselves, violating a High Court ruling that requires security personnel to wear clearly visible name tags or identifiable service numbers.
29 September 2026 · The Standard →
Justice Bahati Mwamuye ruled unconstitutional the law that restricted retired presidents from holding political-party office and allowed Parliament to interfere with their retirement benefits. The judgment conflicts with another High Court ruling by Justice Lawrence Mugambi, issued a week earlier, upholding the same restriction.
22 September 2026 · The Standard →
A High Court judge declared unconstitutional the law restricting retired presidents from holding political-party office and allowing Parliament to interfere with their retirement benefits, creating a conflict with another judge who upheld the same restriction a week earlier.
22 September 2026 · The Standard →
Former President Uhuru Kenyatta has handed over Jubilee Party leadership to former Interior Cabinet Secretary Fred Matiang'i, pending confirmation by the party's National Delegates Convention. Uhuru said he will remain in the party as a senior adviser and member as Jubilee restructures ahead of the 2027 General Election.
22 September 2026 · The Standard →
The Azimio la Umoja One Kenya Coalition has formally changed its name to the Ukombozi Alliance as part of a broader restructuring and consolidation of opposition parties ahead of the 2027 General Election. Wiper leader Kalonzo Musyoka announced the rebrand on Monday, saying the decision was unanimous among coalition leadership and that the new outfit would operate under "One Term, One Team, One Coalition."
21 September 2026 · Capital News →
Kenya's High Court has declared sections of the Presidential Retirement Benefits Act unconstitutional, ruling that provisions allowing the withholding, reduction, or deprivation of retirement benefits due to a former President are null and void. The court held that Sections 4 and 6 of the act are inconsistent with Article 151(3) of the Constitution.
21 September 2026 · Citizen Digital →
Justice Bahati Mwamuye ruled that Parliament cannot reduce or withdraw the retirement benefits of a former president, declaring sections of the Presidential Retirement Benefits Act unconstitutional and voiding restrictions on retired heads of state holding political party office.
21 September 2026 · Capital News →
The High Court has declared unconstitutional sections of law that barred retired presidents from engaging in active politics, with Judge Bahati Mwamuye ruling that a retired president becomes a private citizen upon leaving office and should not be locked out of political participation.
21 September 2026 · The Standard →
City lawyer Benard Odero Okello was arraigned at Kibera Law Court on Friday on 10 forgery-related charges involving the Kenya County Government Workers Union, but a High Court order barred his prosecution and required his immediate release. Justice Bahati Mwamuye restrained the DPP, DCI, and IG from arresting, detaining, charging or prosecuting Okello and staff at his law firm over transactions involving the union.
12 September 2026 · The Standard →
Lawyer Benard Odero Okello appeared before Kibera Law Courts on 10 criminal counts including forgery, uttering false documents, resisting arrest and assaulting police officers, but was released unconditionally after the High Court issued orders stopping his prosecution.
11 September 2026 · Citizen Digital →
The High Court has lifted Kenya's ban on shisha, ruling that continued enforcement of the prohibition is unlawful and unconstitutional after the government failed to regularise the underlying 2017 regulations within a court-ordered nine-month timeframe. Justice Bahati Mwamuye declared a February 2025 Ministry of Health statement and April 2025 nationwide crackdown directive unlawful, and restrained the government from enforcing the expired regulations.
28 July 2026 · Capital News →
Kenya's High Court has lifted the ban on shisha, ruling that continued enforcement is unlawful and unconstitutional because the Public Health (Control of Shisha Smoking) Rules, 2017 expired after the government failed to regularise them within a nine-month period granted by the court in 2018. The judge barred the government from enforcing the expired rules and subsequent directives against members of the Novel Tobacco Products Association.
28 July 2026 · Citizen Digital →
Justice Bahati Mwamuye ruled that the legal foundation of Kenya's shisha ban collapsed after the government failed to regularise the Public Health (Control of Shisha Smoking) Rules, 2017 within a court-set timeline. The court barred government agencies from enforcing notices issued in 2025 targeting shisha traders and businesses.
28 July 2026 · The Standard →
Inspector General Douglas Kanja told the High Court on Friday he only became aware of orders directing the restoration of Gatoto Community Primary School to its management on Thursday, pledging the National Police Service would comply. The school's Board of Management had filed contempt of court proceedings accusing senior government and police officials of deliberately disobeying restoration orders.
24 July 2026 · The Standard →
Kenya's High Court dismissed a petition by Rastafarians seeking to legalize cannabis for religious purposes, ruling the petitioners failed to prove that drug laws violate their constitutional rights to freedom of religion and belief. The judge acknowledged the need for broader national conversation on cannabis policy.
15 July 2026 · Citizen Digital →
The High Court has for the second time barred Kajiado County Governor Joseph Ole Lenku and county officials from taking over, managing or interfering with Amboseli National Park pending a contempt hearing scheduled for July 24.
13 July 2026 · The Standard →
Kenya's High Court has declared unconstitutional the Salaries and Remuneration Commission's March 2024 remuneration framework for ambassadors, high commissioners, and diplomatic representatives, citing lack of public participation. The court suspended the quashing order for 190 days to allow the commission to conduct public participation and independently determine the Foreign Service Allowance, during which diplomats will continue receiving current salaries and benefits.
8 July 2026 · The Standard →
Kenya's gig worker unions have called on the government to amend clauses 10, 11 and 12 in the Business Laws (Amendment) Bill, 2024, arguing that the provisions shield multinational technology firms from accountability and favour foreign investors over local worker protections in digital and platform work.
8 July 2026 · The Standard →
The High Court dismissed JILK Construction Company's application for conservatory orders to halt Diageo's Sh340 billion sale of its controlling stake in East African Breweries to Japan's Asahi Group Holdings, ruling that the firm's grievances had no link to the transaction.
17 June 2026 · The Standard →
Following a May 20 High Court ruling that declared the criminalisation of consensual adolescent peer relationships unconstitutional, civil society organisations are calling for the expungement of criminal records and psychosocial support for minors previously prosecuted under Kenya's Sexual Offences Act. Justice Bahati Mwamuye found that Sections 8, 9 and 11 of the Act violated constitutional rights when applied to adolescents in consensual, non-coercive relationships.
12 June 2026 · Capital News →
A constitutional petition challenging the legality of the Social Health Authority (SHA), digital health systems and public officer medical schemes has been transferred from the High Court in Kiambu to the Constitutional and Human Rights Division at Milimani. The petition, filed by Francis Awino, argues that the healthcare financing structures are operating outside the law.
9 June 2026 · Citizen Digital →
A High Court judge in Kiambu has asked lawyer Shadrack Wambui to consider withdrawing an application seeking to stop the Senate from debating a motion to review retired President Uhuru Kenyatta's retirement benefits. The judge noted that the matter has not yet been listed on any Senate order paper for debate and the court cannot proceed based on speculation.
9 June 2026 · The Standard →
The High Court has temporarily suspended implementation of resolutions passed during a Special General Meeting of the Institution of Engineers of Kenya on May 21, 2026, following an urgent application by engineer Sam Aberi Okemwa challenging the meeting's legality and its impact on an ongoing constitutional petition.
4 June 2026 · Citizen Digital →
A High Court judge has issued a conservatory order requiring the NTSA to keep detailed records of all payments made under the instant penalty system for traffic offences, which launched on June 1, 2026. The ruling does not halt enforcement but sets up a legal challenge ahead of a scheduled hearing on the matter.
4 June 2026 · The Standard →
President William Ruto ordered police to allow matatus bearing graffiti to operate unmolested, effectively overriding a High Court ruling by Justice Bahati Mwamuye that dismissed a petition challenging the National Transport and Safety Authority's ban on graffiti and decorative artwork on public service vehicles.
26 May 2026 · The Standard →
Justice Bahati Mwamuye's recent decision in HSA, AMO, TA & Another Vs Attorney General addresses the prosecution of adolescents under the Sexual Offences Act. The judgment recognises the law's purpose in protecting minors while addressing concerns about the law's practical application and its blanket presumptions on adolescent behaviour.
23 May 2026 · The Standard →
Kenya's High Court has declared that prosecuting adolescents under the Sexual Offences Act for consensual, non-coercive peer relationships violates constitutional rights including equality, dignity, privacy, and the best interests of the child. Justice Bahati Mwamuye ruled that criminal enforcement of Sections 8, 9 and 11 of the Act against adolescents in close-age relationships without evidence of exploitation, coercion, abuse or power imbalance is unconstitutional.
21 May 2026 · Capital News →