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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…

Arbitration in Kenya: The Process, Benefits, and Legal Framework

Arbitration serves as a vital alternative dispute resolution mechanism in Kenya, allowing parties to resolve conflicts outside the traditional court system through a private and structured process. As a form of ADR, arbitration involves parties agreeing to submit their disputes to one or more neutral third parties, known as arbitrators, who render a binding decision after considering evidence and arguments….