12 high-profile court cases that will define 2023
The Supreme Court of Kenya.
With the Judiciary one of the key decision-making institutions in Kenya, the courts will be critical this year as some of the cases judges will decide will have a significant bearing on the country’s economy and politics. Some could shape and shake President William Ruto’s administration.
1. Hustler Fund
Top on the list is a case filed by Operation Linda Ugatuzi’s Prof Fred Ogolla challenging the legality of Dr Ruto’s pet project, the Hustler Fund. The outcome of the case is likely to define Dr Ruto’s presidency as the fund was a key campaign pledge and the foundation of his “bottom-up” economic development mantra.
The case is premised on 15 grounds, among them a claim that the ongoing disbursements are unlawful because the government is yet to appoint a board of directors and chief executive officer to regulate the Hustler Fund. Prof Ogolla says this is contrary to the requirements of the Public Finance Management (Financial Inclusion Fund) Regulations, 2022.
Additionally, the petitioner claims the fund was rolled out without any appropriation by the National Assembly as required in the Regulations and the Public Finance Management Act.
The case also entangled telecommunication services providers such as Safaricom and Airtel as it questions why Kenyans are being asked their personal identification numbers to access the loans.
2. Competency-Based Curriculum (CBC)
Parents and education stakeholders will be watching closely how a three-judge bench will deal with a case filed by lawyer Esther Ang’awa against the CBC. She says CBC is expensive to parents. The bench comprises Justices Hedwig Ongundi, Anthony Mrima and Anthony Ndung’u.
Ms Ang’awa filed the suit in September 2021 seeking the scrapping of CBC. She later withdrew from the suit after allegedly being negatively profiled by the previous administration and the suit is now being prosecuted by former Law Society of Kenya president Nelson Havi.
3. Office of Chief Administrative Secretary (CAS)
Another significant case involves establishment of the CAS positions in the public service filed by the Law Society of Kenya (LSK).
The Employment and Labour Relations Court is expected to make a determination on the legality of the office. The case is crucial for the political class because a host of poll losers are touted to be eyeing the positions after missing out on other lucrative jobs such as Cabinet and principal Secretaries.
4. Kenya Airways crisis with pilots
Still at the Labour court, eyes are on a case pitting the State-owned carrier, Kenya Airways, against its 400-member Kenya Airline Pilots Association (Kalpa).
The case stems from the decision of the pilots to down their tools based on a claim that the airline had unilaterally stopped both the employees’ and the employers’ contributions to the Provident Fund. Their other grievances are non-adherence to regulations, violation of the collective bargaining agreement, and leadership and governance issues.
Also read: Court orders striking KQ pilots back to work
5. Tecra Muigai inquest
At the lower court, notable and high profile cases include the judicial inquest into the death of Keroche Breweries heiress Tecra Wangari Muigai. The person of interest in the matter is her former boyfriend Omar Lali who has denied allegations that he was involved in the fall that led to her death. The 52-year-old man is a boat operator based in Lamu.
6. Climate change compensation
The High Court will consider whether the government can be held accountable for adverse effects of climate change and environment, which have led to displacement and loss of property by Kenyans.
The court is also expected to make a determination on whether Kenyans adversely affected by climate change as a result of alleged government’s failure to develop policy, take mitigation and adaptation measures are entitled to compensation.
The class lawsuit was filed by a group of pastoralists from Baringo through the Legal Advice Centre- Kituo Cha Sheria.
7. Monicah Kimani murder
The court is expected to pass its verdict on the murder charges facing journalist Jacqueline Maribe and Joseph Irungu alias Jowie over the killing of businesswoman Monicah Kimani. She was killed on the night of the night of September 19, 2018, at Lamuria Gardens Apartment in Kilimani, Nairobi. She had arrived from Juba, South Sudan where she managed a family business.
8. Human rights lawyer Willie Kimani murder
Three Administration Police officers — Sergeant Fredrick Ole Leliman, Stephen Cheburet, Sylvia Wanjiku, and an informer Peter Ngugi — are set to be sentenced over the murders of lawyer Willie Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
The officers and the informer were found guilty and convicted for killing the trio on June 23, 2016.
The bodies were found in Athi River on July 1, 2016 stashed in gunny bags. The three people had gone missing a week earlier, on June 23, after been abducted outside Mavoko law courts by Sergeant Ole Leliman after mention of a traffic case levelled against Mr Mwenda by the police senior officer.
Investigators relied heavily on technology to place the accused persons at all points of interest in the murder trial including Syokimau police post, Mavoko law courts, Soweto open field (scene of the murder), Limuru, Thika Road, Thika-Garissa highway and Athi River in Oldonyo Sabuk.
9. Legality of cohabitation and the come-we-stay marriages
The Supreme Court is expected to determine the legality of come-we-stay unions. The case sprung from a decade-old legal dispute involving cohabitation between a Nairobi “landlady” and her “agent for rent collection”.
The apex court will determine whether the doctrine of presumption of marriage is a good law in Kenya and whether property acquired during intimate relationships can be said to be matrimonial property.
In addition, the court will determine how properties acquired by a come-we-stay and unregistered couples should be distributed upon dissolution of the union and whether the principle of equitable sharing is applicable.
10. Meta vs former Facebook content moderator
The court will hear a significant labour laws case filed by a former Facebook content moderator against the American social media giant’s parent company, Meta, over alleged exploitation and poor working conditions. Mr Daniel Motaung, a South Africa national, sued the firm over alleged failure to cater for the mental well-being of the employees and poor working conditions.
He claimed that he was sacked after questioning the working conditions for employees based in the Nairobi office. The firm was sued alongside its local outsourcing agent Samasource Kenya EPZ Limited (Sama), a company registered in the United States.
11. Removal of Justice Said Juma Chitembwe
A tribunal formed to investigate the conduct of Justice Said Juma Chitembwe will be making its decision on whether he should be retained in the Judiciary or sacked, a case that is likely to head to the Supreme Court.
The judge was suspended in May 2022 pending decision of the tribunal on his suitability to continue serving in the Judiciary.
Former President Uhuru Kenyatta formed the tribunal following a recommendation by the Judicial Service Commission (JSC) that the judge be removed from office for alleged misconduct involving presiding on his relative’s case.
The hearing of witnesses commenced on September 19 last year.
12. Corruption
At the lower courts, magistrates will hear and determine various corruption cases facing top government officials. Some of them have since stepped aside to fight the graft cases.
The cases involve various scandals such as the National Youth Service (NYS) and “Chickengate”.
Former officials in court fighting graft include ex-Finance Cabinet Minister Henry Rotich, Devolution and Planning Principal Secretary Peter Mangiti, former Independent Electoral and Boundaries Commission CEO James Oswago and former National Land Commission Chairman Muhammad Swazuri. Tharaka Nithi Governor Muthomi Njuki is also battling graft charges.
Others fighting various criminal cases are serving politicians such as Nandi Senator Samson Cherargei, John Waluke (Sirisia MP), Trans Nzoia Senator Allan Kiprotich Chesang and Babu Owino (Embakasi East MP).
Also in court fight graft-related charges are former governors Ali Korane (Garissa), Okoth Obado (Migori), Moses Lenolkulal (Samburu), Sospeter Ojaamong (Busia), Ferdinand Waititu (Kiambu), Evans Kidero (Nairobi), Mike Sonko (Nairobi) together with former MPs Jonah Mburu (Lari) and Pavel Oimeke (Bonchari).
