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The Court of Appeal Clarifies the Application of Section 974 of the Companies Act

Stichting Rabobank Foundation v AVA Chem Limited & Christopher Irungu Mwangi (Civil Appeal No. E090 of 2025) The Court of Appeal has recently rendered its judgement in Stichting Rabobank Foundation v AVA Chem Limited & Christopher Irungu Mwangi (Civil Appeal No. E090 of 2025), holding that non-registration alone does not deprive a foreign company of the right to sue in…

Who Should Advise the State? Public Sector’s Reliance on External Counsel in Kenya

A closer look at the questions raised in Nakuru County Government v Dr. Magare Gikenyi & 77 Others For decades, the engagement of private law firms by national and county governments, State corporations, and other public entities has been treated as an unremarkable feature of how the public sector conducts its legal affairs. Ministries retain external counsel for complex litigation….

Judicial Authority and the Mandate to Legislate: Defining the Transition of Kenyan Tribunals

In the Supreme Court of Kenya; Petition No. E016 & E017 of 2025 (Consolidated) 2026 KESC 28 (KLR) Introduction and Factual Matrix This landmark consolidated appeal addresses the constitutional status, regulation, and transition of local tribunals under the Constitution of Kenya, 2010. The dispute was ignited by the slow pace of transitioning these bodies from the Executive to the Judiciary,…

The Constitutional Primacy of the Right of Appeal: Resolving the Jurisdictional Lacuna in High Court Succession Proceedings

In the Supreme Court of Kenya Coram: Koome; CJ & P, Mwilu; DCJ & VP, Njoki, Lenaola & Ouko, SCJJ Decision Date: 31st March 2026 Citation: SC Petition No. E029 of 2024; KESC 31 (KLR) The genesis of this constitutional petition lies in the protracted succession dispute following the demise of Magu Mwenje, also known as Peter Wandi Mwenje, who…