Also known as: Judge Bahati Mwamuye · High Court Judge Bahati Mwamuye
High Court judge who issued landmark rulings on sexual offences law, gender marker changes, and matatu regulations in 2026.
Verbatim sentences from the source article.
The Standard
… "I share the same view as my brother Judge Bahati Mwamuye in the Bia Tosha matter, that no nexus has been shown between the impugned transaction and the petition now before the court," the judge ruled.JILK's case traced back to a terminated 2017 Kisumu brewery construction contra …
JILK construction loses bid to halt Sh340bn EABL shares saleCapital News
… tion of rights groups said the judgment marks a fundamental shift in Kenya’s approach to adolescent justice, moving the country “from punishment to protection and from stigma to dignity.” In a joint statement, the organisations welcomed the May 20 ruling by Justice Bahati Mwamuye …
Groups seek expungement of criminal records after court ruling on teen relationshipsCitizen Digital
… Judge Bahati Mwamuye directed that the matter be transferred to Nairobi after finding that it raises issues that are substantially similar to cases already pending before the Milimani-based Constitutional and Human Rights Division. …
Petition on SHA legality transferred to Milimani court Human Rights DivisionThe Standard
… Justice Bahati Mwamuye said Wambui’s request was so that the case can go to the hearing phase of his petition. …
Court asks lawyer to shelve bid to halt Senate debate on Uhuru benefitsCitizen Digital
… Justice Bahati Mwamuye issued interim conservatory orders after considering an urgent application filed by engineer Sam Aberi Okemwa, who is contesting actions taken during the meeting and their impact on an ongoing constitutional petition. …
Court halts engineers' Special General Meeting resolutions until case hearingThe Standard
… A ruling issued by High Court Judge Bahati Mwamuye in a case filed by Wilberforce Akello did not halt enforcement of the new framework launched on June 1, 2026. …
Judge orders NTSA to keep audit trail of instant finesThe Standard
… This presidential directive effectively overrides a ruling by Justice Bahati Mwamuye of the High Court, who, on April 29, dismissed a constitutional petition filed by Michael Makubo challenging NTSA’s May 2025 enforcement notice banning graffiti, decorative artwork, and tinted wi …
The President must respect the court's decision on graffitiThe Standard
Audio By VocalizeJustice Bahati Mwamuye’s decision this week in HSA, AMO, TA & Another Vs Attorney General on the prosecution of adolescents under the Sexual Offences Act is a welcome relief. …
Mwamuye's verdict on teenage behaviour a win for humanityCapital News
… Justice Bahati Mwamuye made the finding on Wednesday, May 20, in a decision expected to significantly reshape the country’s approach to adolescent sexuality and criminal justice. …
Court declares prosecution of consensual adolescent peer relationships unconstitutionalCitizen Digital
… Judge Bahati Mwamuye held that the enforcement of Sections 8, 9 and 11 of the Sexual Offences Act against adolescents engaged in consensual and non-exploitative conduct violates constitutional rights including equality, dignity, privacy, health and the rights of children. …
High Court rules Sexual Offences Act should not criminalise consensual sex between close-in-age teensThe 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 →
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 →
Kenya's High Court declared that sections of the Sexual Offences Act cannot be applied to criminalise consensual, non-coercive sexual relationships between adolescents who are close in age, ruling that such enforcement violates constitutional rights including equality, dignity, privacy and the rights of children. The court found that criminal sanctions should not apply where there is no evidence of exploitation, coercion, abuse or power imbalance between adolescents of close age proximity.
21 May 2026 · Citizen Digital →
Kenya's High Court issued a landmark ruling that Kenyan law does not expressly prohibit the alteration of sex or gender markers on official documents, finding that the refusal by state agencies to amend the documents of transgender activist Audrey Mbugua Ithibu violated constitutional guarantees on equality, dignity, privacy, freedom of expression and fair administrative action.
20 May 2026 · Citizen Digital →
The High Court has quashed former Cabinet Secretary Aisha Jumwa's appointment as Chairperson of the Kenya Roads Board, ruling the process violated the Constitution and the Kenya Roads Board Act by failing to meet statutory requirements for transparency, accountability and fair administrative action. The judge declared the appointment unconstitutional, unlawful, null and void ab initio.
20 May 2026 · Citizen Digital →
Justice Bahati Mwamuye ruled that the Births and Deaths Registration Act and Registration of Persons Act, interpreted consistently with the Constitution, do not prohibit alteration of gender markers in official documents. The registrar has been ordered to receive applications within 60 days, with changes to be considered case-by-case on medical and legal grounds pending legislative intervention.
20 May 2026 · The Standard →
Kenya's High Court has ordered Safaricom to compensate 11 subscribers with Sh900,000 each for violating their constitutional rights in a data privacy case linked to a breach that allegedly compromised information belonging to more than 11.5 million subscribers between 2018 and 2019. The court found that Safaricom failed to establish adequate safeguards to protect customer data from internal misuse by rogue staff members.
14 May 2026 · Capital News →
A constitutional petition has been filed at the High Court in Kiambu by Francis Awino challenging the legality of the Social Health Authority, digital health systems and public officer medical schemes, alleging they operate outside the law and conduct insurance functions without statutory authorisation.
7 May 2026 · Citizen Digital →
The High Court has affirmed regulations issued by the National Transport and Safety Authority requiring public service vehicles to remove graffiti art, flashy branding, and tinted windows, dismissing a constitutional challenge filed by a matatu operator who argued the directive unfairly targeted matatu culture and was discriminatory.
29 April 2026 · Capital News →
Kenya's High Court has dismissed a constitutional petition challenging the National Transport and Safety Authority's May 2025 directive requiring public service vehicles to remove graffiti, decorative artwork, and tinted windows. Justice Bahati Mwamuye ruled the directive lawful and necessary for road safety, rejecting claims by petitioner Michael Makubo that it unfairly targeted matatu operators and threatened nganya culture.
29 April 2026 · Citizen Digital →
The High Court has temporarily stopped the Football Kenya Federation's National Executive Committee from suspending or removing member Abdullahi Yusuf from office pending the hearing of his constitutional petition. The restraining order follows resolutions passed on April 24, 2026, where several NEC members directed Yusuf to step aside.
28 April 2026 · Citizen Digital →
Owners of the disputed Paradise Lost land, a 200-acre property, claim decades-old ownership dating to 1929 and allege that unknown individuals perpetrated a fraudulent scheme involving fake title deeds beginning in 2024. They have filed a case scheduled for mention on April 30, accusing government officials and police of failing to assist despite complaints to the Ministry of Lands and the Chief Land Registrar.
24 April 2026 · Citizen Digital →