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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…

The Artificial Intelligence Bill, 2026: Establishing a Regulatory Framework for Algorithmic Governance in Kenya

As the global race to regulate artificial intelligence (AI) intensifies, Kenya has taken a definitive step forward with the introduction of the Artificial Intelligence Bill, 2026. Published in February 2026, this bill aims to position Kenya as a leader in African tech governance. By seeking to balance the promotion of local innovation with the protection of fundamental human rights, the…

The Court of Appeal Declares Sections 22 and 23 of the Computer Misuse and Cybercrimes Act Unconstitutional

Introduction The Court of Appeal on 6th March 2026 rendered a significant judgment in Bloggers Association of Kenya (BAKE) v Attorney General & 6 others [2026] KECA 430 (KLR) Civil Appeal No. 197 of 2020, a decision that has become an important reference point in Kenya’s developing jurisprudence on digital rights, freedom of expression, and the constitutional limits of cybercrime legislation. At the…