For the last decade, the Kenyan courts have been grappling with the constitutionality of “constituency development funds” [“CDF”]: that is, funds earmarked from the national government revenue for developmental work on a constituency basis. Judicial decisions have seen multiple repeals
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Against Pyrrhic Victories: The Kenyan High Court’s Judgment(s) in the Presidential Advisors Case [Guest Post]
[This is a guest post by Miriam Maina.]
…if we are victorious in one more battle against the Romans, we shall be utterly ruined…
Losses on Italian shores.
History is awash with chronicles of battles won, but wars lost.…
Global Freedom of Expression, Columbia University: Newsletter, 5 February 2026
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is…
Online Symposium on Recent Developments in African PIL (IV) – Party Autonomy, Genuine Connection, Convenience, Costs, Privity, and Public Policy: The Kenyan High Court on Exclusive Jurisdiction Clauses
As part of the second online symposium on recent developments in African private international law, we are pleased to present the fourth contribution, kindly prepared by <a Anam Abdul-Majid (Advocate and Head of Corporate and Commercial Department, KSM…
Report on the 14th IARMJ World Conference
Active Democracy and a Culture of Justification: the Kenyan High Court’s Presidential Advisors Judgment
One of the paradoxes of contemporary representative democracy is how public power is often wielded by unelected individuals. It is argued the the complexities of modern-day administration require elected officials to rely on the unique skills and expertise of non-elected…
Kenya dispatch: High Court halts Kenya-US health deal over constitutional concerns
A Kenyan High Court judge halted implementation of a landmark US-Kenya health cooperation agreement on December 19, 2025, pending a constitutional challenge. Justice Chacha Mwita of the High Court of Kenya at Milimani Law Courts issued the order suspending the…
Employer’s use of facial recognition declared unconstitutional in Kenya
Facial recognition technology is becoming increasingly common in South African workplaces for maintaining attendance and security, but is it legally permissible?
In November 2025 the Kenyan courts found that an employer’s use of facial recognition is unconstitutional and unlawful.
Let’s…
THE STATE OF AID: The Department of State’s $150 Million Agreement with Zipline International Inc. Shows a New Path to Unlocking Aid
On November 25, 2025, the Department of State announced an agreement of up to $150 million with Zipline International Inc. to expand access to life-saving medical supplies across Côte d’Ivoire, Ghana, Kenya, Nigeria, and Rwanda. According to the fact sheet…

