Newsletter March 2026

Gazette Notice No. 3105

Declaration Of Persons Elected In The By-Elections Held On 26th February, 2026 by IEBC

Independent Electoral and Boundaries Commission (IEBC) declares that the persons whose names are listed in the First and Second Schedules hereunder were elected to the National Assembly and County Assemblies having received the majority of the votes cast in the By-Elections held on 26th of February, 2026 and complied with the provisions of the Elections Act, 2011 and the Constitution.

Gazette Notice No. 3115

Appointment of Panel Of Experts On Compensation Of Victims Of Human Rights Violations, Including From Demonstrations And Public Protests

Felix K. Koskei, Chief of Staff and Head of the Public Service gives notice that His Excellency the President has established a Panel of Experts pursuant to Presidential Proclamation No. 1 of 2026. The Panel shall discharge its mandate upon receipt by the President of the framework to be developed by the Kenya National Commission on Human Rights for the provision of compensation and reparations to victims of violations of human rights, including those arising from demonstrations and public protests.

Gazette Notice No. 3336

Intended Dissolution of Companies in the Companies Register

Three months notice by Damaris Lukwo, Registrar of Companies is given for listed companies to be struck off the register and dissolved. For names of companies listed

Gazette Notice No. 3337

Dissolution of Companies in the Companies Register

Notice by Damaris Lukwo, Registrar of Companies is given that the following companies are dissolved and their names have been struck off the Register of Companies. For names of companies listed

Gazette Notice No. 3389

Appointment of Chairperson to the National Land Commission

William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, appoints Abdillahi Saggaf Alawy (Dr.) to be the Chairperson of the National Land Commission, for a term of six (6) years.

Gazette Notice No. 3390

Appointment of Members to the National Land Commission

William Samoei Ruto appoints Susan Khakasa Oyatsi, Daniel Murithi Muriungi, Kigen Vincent Cheruiyot, Julie Ouma Oseko (Dr.), Mohamed Abdi Haji Mohamed, and Mary Yiane Seneta as Members of the National Land Commission for a term of six (6) years.

Gazette Notice No. 3564

Intended Auction for list Of Overstayed Goods at Inland Container Depot in Nairobi by Customs And Border Control Department

Three months notice by Larry Liza, Chief Manager, Inland Container Depot, Nairobi, for Commissioner of Customs and Border Control is given that unless the under-mentioned goods are removed from the custody of the Customs Warehouse Keeper, Inland Container Depot Nairobi, they will be treated as abandoned and will be disposed of in accordance with the provisions of EACCMA 2004, including being sold by public auction on the 29th of April, 2026, 30th of April, 2026 and 4th of May, 2026, through an online portal https://ibid.kra.go.ke.

Gazette Notice No. 4180

Decision On The Tariff Variance Application For High Demand Customers In Tilisi By Tilisi Power Company (TPC)

Daniel Kiptoo Bargoria, Director General of the Energy and Petroleum Regulatory Authority (EPRA) notifies the general public that on 28th of January, 2026, it considered and approved a tariff variance application by Tilisi Power Company (TPC) to increase the applicable energy tariff for the CI2 Customer Category, with demand exceeding 1MVA per month, by 7.5% effective from the commissioning of the 66/11kv substation.

Gazette Notice No. 4256

Waiver Of Interest And Penalties On Outstanding Loans In Settlement Schemes

Alice Wahome, Cabinet Secretary for Lands, Public Works Housing & Urban Development notifies the public that the cabinet has approved a waiver of all outstanding interest and penalties on land and development loans issued under the Land Settlement Fund.

High Court Judgement in Patrick Kimathi Vs Inspector General of the Police Service & 5 others,25 February 2026

All proceedings concerning a child are geared towards the child’s reformation and not retribution even where they are found guilty of an offence. Hence, maintenance of a record of such a person is against the constitution.

Magistrate’s Court Judgment in Republic Vs Diana Akinyi Simiyu & another, 22 January 2026

Trafficking in persons consists of a process with the ultimate purpose of exploitation of the person trafficked. Every participant in every stage of the process is guilty of the offence; an accused did not need to participate in all stages to be guilty.

High Court judgment in JMW Vs LWK, 23 Februaury 2026

The High court held that distribution of matrimonial property must reflect actual contribution and fairness, rather than a strict equal split. In this case,the Court found that the husband contributed minimally and instead benefited from the wifes's financial success, amounting to exploitation. Accordingly, the court awarded the wife 80% of the matrimonial home and granted her full ownership of additional properties, recognizing her as the primary contributor.

Office of the Data Protection Commissioner (ODPC) Ruling in Margaret Nzula Vs United Winners DT Sacco & Shirika DT Sacco,18 March 2025

An employer has been ordered by the ODPC to pay Kshs 250,000 for refusing to show a former employee what they said about her in a background check. she believed a negative reference cost her a new job. Employees are now protected from secret sabotage.

Employment and Labour Relations Court  Judgemnet in Lipa Later Limited Vs Caroline Wanini, 20 February 2026

The judgement clarified that non-compete clauses are not automatically enforceable and must meet legal thresholds for granting injuctions. The court held that an employer must establish a prima facie case, demonstrate irreparable harm, and show that the balance of convenience favours enforcement. Mere existence or alleged breach of a non-compete clause is insufficient.Crucially, the employer must provide evidence of actual or likely harm, such as misuse of confidential information or competitive loss that cannot be compensated by damages.

High Court Judgement in Erastus Ngura Odhiambo and Anor Vs Attorney General and Anor,19 March 2026

The High Court held that a mobile phone number is a protected digital identifier closely linked to an individual’s right to privacy.The Court found that the practice of deactivating, recycling, and reassigning SIM cards without user consent is unlawful, as it exposes individuals to risks of unauthorized access to personal data.The decision affirms that mobile phone numbers constitute sensitive personal data, imposing stricter obligations on both the government and telecom operators to protect privacy and personal information.

High Court Judgement in Elizabeth Waithira Chege Vs Angela Chemeli Shollei, 26 March 2026

The High Court declined to entertain a constitutional petition alleging unlawful access to WhatsApp messages by an aunt claiming her niece illegally accessed her private WhatsApp messages in a succession dispute. It further applied the doctrine of exhaustion, emphasizing that complaints on unlawful access to personal data must first be filed with the Data Protection Commissioner under the Data Protection Act. Additionally, the Court found that allegations of hacking require proper forensic investigation, and cannot be proven through mere assertions in affidavits. Because the claims were deemed premature, speculative, and procedurally improper, the court dismissed the petition.

Court of Appeal judgment in Bloggers Association of Kenya (BAKE) Vs Attorney General & 6 others, 6 March 2026

The court declared Sections 22 and 23 of Kenya’s Computer Misuse and Cybercrimes Act 2018 unconstitutional.The Court ruled that the provisions were overly broad and vague, risking the criminalisation of people who unknowingly share information later deemed false, and therefore unjustifiably limiting freedom of expression and media freedom in Kenya. 

Court of Appeal judgment in Florence Wairimu Mbugua (Suing as the Administrator of the Estate of Joseph Kiarie Mbugua alias Joseph Kiarie Mbogwa) v Tripple Eight Properties Ltd & 2 others 25 March, 2026

The Artificial Intelligence Bill, 2026

Currently before the Kenyan Senate, the Private Member Bill aims to establish a comprehensive framework for regulating AI technologies in the country. It proposes creating an Artificial Intelligence Commissioner’s office, enforce ethical standards, require "human-in-the-loop" oversight, and introduce penalties of up to Sh5 million or two years imprisonment for violations. The Bill was first read on 2nd of April 2026 and referred to the relevant committee. The Bill is due for 2nd reading on 3rd of May 2026 and in the interim public participation is sought from the public. 

The Sovereign Wealth Fund Bill, 2026

The Government introduced Bill in the National Assembly proposes a legal framework to manage natural resource revenues (petroleum/mining), royalties, and privatization proceeds to benefit present and future generations. The fund will be managed by the National Treasury, with funds invested globally in high-grade assets to ensure stability and intergenerational equity. The Bill was first read on 11th of March 2026, and referred to the relevant Committee. It awaits communication on its 2nd reading.