… Justice Bahati Mwamuye, in his judgment, in a case filed by transgender person Audrey Mbugua, Maureen Muiya, and Arnest Thaiya, said that the delays and silence cannot be used to defeat Constitutional requirements. …
… In the ruling delivered by Justice Bahati Mwamuye, the court awarded each petitioner Sh900,000 in general damages, translating to a total payout of Sh9.9 million, excluding interest and legal costs. …
… Justice Bahati Mwamuye directed the petitioner to serve all respondents by May 8, 2026, while responses to the petition and application are expected by May 22, 2026. …
… In a ruling delivered on Wednesday, Justice Bahati Mwamuye dismissed a constitutional challenge to the directive introduced in May 2025, concluding that the measures are lawful and primarily intended to enhance road safety. …
… In a judgement delivered on Wednesday, Justice Bahati Mwamuye upheld the legality of the May 2025 enforcement notice issued by NTSA, ruling that the directive was lawful and necessary to promote road safety and compliance in the public transport sector. …
… Justice Bahati Mwamuye granted conservatory relief restraining the FKF NEC from “suspending, removing, or in any other way interfering” with Yusuf’s office and position within FKF, the committee, and related bodies. …
… The owners have since filed a case in 2026, which is scheduled for mention on April 30, while a constitutional petition over the same property will be mentioned on May 19 before Justice Bahati Mwamuye. …
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.