Hard truths. Bold Insights. Real talk.
The nominations were made under Section 23(2)(b) of the High Court (Organisation and Administration) Act, 2015, and were published through separate Gazette Notices dated January 21, 2026.
The five-judge panel—led by Chief Justice Martha Koome and including Deputy Chief Justice Philomena Mwilu, Justices Smokin Wanjala, Njoki Ndung’u, and Isaac Lenaola—clarified that the Supreme Court may only grant stay orders for cases in the Court of Appeal, not the High Court.
The petitioners had accused the government of failing to protect the right to life, arguing that intelligence warnings existed and that authorities failed to respond. They also claimed the State did not take proper steps to secure the country’s borders despite the risk of an attack being known or expected.
The court also cancelled all decisions linked to the establishment of the offices and the appointment of the individuals, effectively invalidating the actions taken by the first and second respondents in the matter.
In a statement issued on Wednesday, COTU (K) said the move was necessary to safeguard public resources, protect workers, and strengthen governance.
The court found that the government-owned bank breached a 2022 contract with MFI Technology Solutions Limited, which had been tasked with upgrading and maintaining the bank’s core banking system.
LSK President Faith Odhiambo described the petition as an ill-advised onslaught on the livelihoods of advocates, saying it offends their economic rights and threatens to cripple a crucial sector of Kenya’s economy.
Houghton said remaining on the panel after the court ruling would amount to “normalising an arrangement that the Court has expressly found to be unconstitutional” and would weaken the role and independence of the KNCHR.
According to the statement, President William Ruto has already acted on the decision through Special Gazette Notice No. 259 dated January 5, 2025. The panel noted that this step demonstrates “the President’s strong commitment to the rule of law, constitutionalism, and respecting the authority and mandate of the Judiciary.”
The temporary order ensures that the levy will not take effect until the court completes a full hearing of the petition, which raises questions about fairness, constitutional compliance, and the levy’s sudden expansion to new sectors.
The Institution of Surveyors of Kenya had raised concerns that the draft Government Assets Valuation Policy Framework for the Public Sector 2025 allows unqualified individuals to carry out valuations.
The court’s order affects the Cooperation Framework signed on December 4 and comes in response to a petition by Busia Senator Okiya Omtatah. The petition claims that the deal may contravene the Constitution in several ways, including bypassing Parliament under the Treaty Making and Ratification Act, ignoring public participation, breaching rules on public finance and devolution, and violating privacy rights. In granting the order, the court emphasised the need to protect transparency, accountability and the rule of law.