Greetings,
As part of our service, we endeavour to have our Clients updated on legal and policy matters that may have an impact on themselves and their businesses.
In this edition, we share highlights of the Kenya Gazette's September 2026 edition and recent Kenya Court and legal policy decisions of value to you and your business
Special Gazette for the 4th of September, 2026
Gazette Notice No. 14142: The Land Act, Naivasha-Kisumu-Malaba Standard Gauge Railway Intention To Compulsory Acquire Land, Addendum
Notice is given that the National Land Commission intends to acquire land on behalf of Kenya Railways Corporation (KRC), for the construction of the Naivasha–Kisumu–Malaba Standard Gauge Railway.Interested persons should inspect plans of the affected land at the offices of the Commission at Ardhi House 3rd Floor, Room 305. See Schedule here. Read more here
Gazette for the week ending 4th of September, 2026
Gazette Notice No. 14149:The Constitution Of Kenya Panel Of Experts On Compensation Of Victims Of Human Rights Violations, Including From Demonstrations And Public Protests, Extension Of Term
Felix K. Koskei, Chief of Staff and Head of the Public Service, notifies the public that His Excellency the President of Kenya has extended the term of the appointed panel for a further period of ninety (90) days, with effect from the 4th September, 2026.
Gazette Notice No. 14153:Constitution Of The Multi-Agency Co-Ordination Working Group On Non-Profit Organisations At Risk Of Terrorism Financing
Kipchumba Murkomen,Cabinet Secretary for Interior and National Administration notifies the public that he has constituted a working group to be known as the Multi-Agency Coordination Working Group on Non-Profit Organisations at Risk of Terrorism Financing.
Gazette Notice No. 14345:The Land Act, Rehabilitation And Capacity Enhancement Of James Gichuru Road Junction – Rironi Highway (A8) Road, Intention To Compulsory Acquire Land
Abdillahi Saggaf Alawy (Dr.),Chairman, National Land Commission gives notice that the National Land Commission intends to acquire parcels of land shown in the schedule hereunder on behalf of Kenya National Highways Authority.Interested persons should inspect plans of the affected land at the offices of the Commission at Ardhi House 3rd Floor, Room 305. See Schedule here.Read more here
Gazette for the week ending 11th of September, 2026
Gazette Notice No. 14417:The Constitution Of Kenya Conferment Of The Honorary Title And Style Of Ambassador
William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, confers the Honorary Title and Style of Ambassador upon the following persons:I. Fatuma Ibrahim Adan (Dr.), Head of Mission of the Intergovernmental Authority on Development (IGAD) to the Republic of Kenya; and II. Maureen Achieng, Permanent Representative of the Intergovernmental Authority on Development (IGAD) to the African Union (AU).
Gazette Notice No. 14579 :The Land Act (No. 6 Of 2012) Construction Of Naivasha-Kisumu- Malaba Standard Gauge Railway Intention To Compulsory Acquire Land (Deletion, Corrigendum And Addendum)
Abdillahi Saggaf Alawy (Dr.) Chairman, National Land Commission gives notice that the National Land Commission intends to delete, correct and acquire parcels of land on behalf of Kenya Railways Corporation for Construction of Naivasha-Kisumu-Malaba Standard Gauge Railway. Interested persons should inspect plans of the affected land at the Commission's offices on the 3rd Floor, Room 305, Ardhi House. See Schedule here. Read more here
Gazette Notice No. 14592 :The Companies Act, Intended Dissolution
Three months notice by Hiram Gachugi, Deputy Registrar of Companies is given for listed companies to be struck off the register and dissolved. For names of companies listed.Read more here
Gazette Notice No. 14593 & 14594 :The Companies Act, Dissolution
Hiram Gachugi, Deputy Registrar of Companies gives notice that the following companies have been dissolved and their names struck off the Register of Companies with effect from the date of publication of the notice:For list of companies:Read more here
Gazette for the week ending 18th of September, 2026
Gazette Notice No. 15162 :The Land Act,Lapsset Corridor, Lamu Intention To Compulsory Acquire Land
Abdillahi Saggaf Alawy (Dr.),Chairman, National Land Commission gives notice that the National Land Commission intends to acquire parcels of land on behalf of Lapsset Corridor for Lapsset corridor Road in Lamu County. Interested persons should inspect plans of the affected land at the Commission's offices on the 3rd Floor, Room 305, Ardhi House. See schedule here. Read more here
Gazette Notice No. 15165: Energy And Petroleum Regulatory Authority Schedule Of Tariffs 2023 For Electricity Tariffs, Charges, Prices And Rates, Fuel Energy Cost Charge
Joseph Oketch (Dr.),Ag. Director-General, gives notice that all Prices for Electrical Energy specified in Part II of the said Schedule will be liable to a Fuel Energy Cost Charge of Plus 300 Kenya cents per kWh for all meter readings to be taken in September 2026.See schedule here. Read more here
Gazette Notice No. 15166 : Energy And Petroleum Regulatory Authority Schedule Of Tariffs 2023 For Electricity Tariffs, Charges, Prices And Rates, Foreign Exchange Fluctuation Adjustment
Joseph Oketch (Dr.),Ag. Director-General,gives notice that all prices for Electrical Energy specified in Part II of the said Schedule will be liable to a Foreign Exchange Fluctuation Adjustment of Plus 114.43 Cents per kWh for all meter readings taken in September 2026. See schedule here. Read more here
Gazette Notice No. 15167 :Energy And Petroleum Regulatory Authority Schedule Of Tariffs 2023 For Electricity Tariffs, Prices, Charges And Rates, Water Resource Management Authority Levy
Joseph Oketch (Dr.),Ag. Director-General,gives notice that all prices for Electrical Energy specified in Part II -(A) of the said Schedule will be liable to a Water Resource Management Authority (WRMA) Levy of Plus 1.48 Cents per kWh for all meter readings taken in September, 2026.
Gazette for the week ending 25th of September, 2026
Gazette Notice No. 15281:Central Bank Of Kenya Act, Monetary Policy Statement
Kamau Thugge (Dr.), Governor, Central Bank Of Kenya, has Issued And Circulated 58th Monetary Policy Statement June, 2026. These documents are freely available on the website of the Central Bank of Kenya at: www.Centralbank.Go.Ke
Gazette Notice No. 15514 :The Land Act ,Inquiry Into Proposed Compulsory Acquisition Of Land Nairobi – Naivasha Standard Gauge Railway Project (Phase 2a): Supplementary Land Acquisition
Abdillahi Saggaf Alawy (Dr.),Chairman, National Land Commission calls upon persons who have an interest or claim in the land which the Commission intends to compulsorily acquire for purposes of Construction of Nairobi – Naivasha SGR Project (Phase 2A) to appear before the Commission in person on 19th of November, 2026 from 10.00 a.m.Every person interested in the affected land is required to deliver to the National Land Commission on or before the day of the inquiry a written claim to compensation, copy of identify card (ID), Personal Identification No. (PIN), land ownership documents and bank account details. The Commission offices are in Ardhi House, 3rd Floor, Room 305. See schedule here. Read more here
Recent Court Decisions
Court of Appeal case in Aga Khan University Hospital v Warue & 2 others 29 May,2026
The Court of Appeal at Nairobi dismissed the Aga Khan's Hospital appeal and upheld a High Court ruling that found the hospital and Dr. Donald Oyatsi jointly and severally liable for the medical negligence leading to the death of 9-year-old Nina Ngina Kisonzo.
Court of Appeal case in Commissioner of Domestic Taxes in Commissioner of Domestic Taxes v Delmonte Kenya Limited 12 June,2026
The Court of Appeal dismissed KRA’s appeal over Delmonte’s deduction of over KSh 400 million in foreign exchange losses.The Court held that because the loans financed ordinary business operations, the resulting exchange losses were revenue in nature, and the debt-to-equity conversion was a valid “realisation event” triggering deductibility under Section 4A of the Income Tax Act.
Court of Appeal case in Ecobank Kenya Ltd v Ndombi Georgina Ngina 12 June, 2026
The Court of Appeal found the bank’s restructuring was genuine, but its redundancy notice and generic, bank-wide email didn’t meet the Employment Act’s requirement for personal written notice, and the Labour Office was informed too late. It upheld the five months’ compensation for unfair process, but trimmed the notice-pay award from two months to one, making the appeal only partly successful. This goes to show that a mass email can’t substitute for individualized redundancy notice, even when the redundancy itself is lawful.
High court case in Law Society of Kenya v Principal Secretary, State Department for Industry & 4 others 29 June,2026
The High Court of Kenya at Nairobi (Constitutional and Human Rights Division) ruled in favour of LSK and set aside an executive directive that sought to centralise intellectual property licencing under the KIPI Board only.The court reaffirmed the statutory framework governing the administration of intellectual property rights in Kenya.The judgment further found that the directive exceeded the Principal Secretary’s powers and would have introduced unnecessary and unlawful administrative hurdles and delays into Kenya’s IP system. As such procedures for the filing, examination, registration, renewal and enforcement of intellectual property rights before KIPI remain unchanged.
Court of Appeal case in Mutie v Maitha 31 July,2026
The Court of Appeal ruled that a missing Land Control Board consent doesn't automatically wipe out a buyer's rights to land they've already paid for and occupied.Doctrines like constructive trust and proprietary estoppel can still protect them, even against a registered owner. This means sellers can't use the missing consent as an excuse to back out after already benefiting from the deal. Still, LCB consent remains a legal requirement, so parties should obtain it within the statutory timeframe (or seek an extension) rather than rely on this ruling as a workaround.
Employment and Labour Relations case in Hart v Schenker Ltd 10 August, 2026
The court found that Larissa Manson Hart, the Defendant's Mombasa Branch Manager, was constructively dismissed after resigning in February 2017 following a string of workplace disputes.The Court held that constructive dismissal can arise from cumulative conduct, even where no single incident alone would justify resignation. Schenker was ordered to pay approximately Sh5.9 million in compensation.
Environment and Land court case in Chelsea Marina Court Residents’ Association v Water Resources Authority & 5 others 3 September, 2026
The Court established that registered titles are not absolute over riparian or public land. They require professional technical evidence like surveys to prove boundaries, and demand concrete proof rather than presumed potential violations for constitutional claims.The Court ordered the dismissal of the petition and lifted blocks on regulatory duties, while emphasizing that authorities must follow due process and the precautionary principle before any enforcement actions .
Employment and Labour Relations Court case in Moses Omondi Aluodo v. Cisco Systems Management B.V. 24 September, 2026
The Court ruled that merely talking about improved job terms doesn't automatically result in an enforceable contract.
Court of Appeal case in Elyjoy Kageni v Bank of Africa (K) Ltd & 3 others 25 September, 2026
The Court ruled that Bank of Africa (K) Ltd acted in good faith in relying on the spouse provided by the borrower. The bank conducted due diligence by obtaining spousal consent from a woman (a co-director of the borrowing company) who represented herself as the borrower's spouse when the charge was executed in 2012. The court dismissed the suit, finding the marriage unproved and holding that the consent of ‘any’ one spouse sufficed.
Employment and Labour Relations Court case in Mbuvi v China Communication Construction Company Limited 28 September, 2026
The Court held that simply drafting redundancy notices isn't enough.The employer must also demonstrate that the employee actually received them. If the employer can't prove delivery, the dismissal can be deemed unfair, regardless of whether a legitimate redundancy justification existed.
Environment and Land court case in Kibuna v County Government of Nairobi & 4 others 28 September, 2026
The court held that a bona fide purchaser defense cannot cure a defective or unlawfully acquired root of title.Unlawfully acquired property lacks protection, allowing courts to interrogate title roots.
Kenya Laws
The National Infrastructure Fund Act, 2026
The National Assembly act originating from the government (Leader of majority party) came into force in March, 2026. The act laudably establishes a corporate investment to channel roughly Ksh5 trillion into roads, railways, ports, airports, and energy projects over the next decade, moving Kenya away from debt-reliant, budget-cycle infrastructure financing. It’s funded through government appropriations, bonds, private capital, and notably pension fund assets and proceeds from the Kenya Pipeline Company IPO, and is governed by an eight-member board under a council chaired by the Treasury CS.
The National Transport and Safety Authority (Amendment) Bill, 2026
The Senate bill, sponsored by Meru Senator Kathuri Murungi,proposes to amend the National Transport and Safety Authority Act to regulate Public Service Vehicle (PSV) conformity assessors and eliminate conflicts of interest. The Bill was read for the first time in the Senate on September 15, 2026 and is due for the second reading on 15th of October, 2026.