Three Guinness World Records titles before 17 โฝ๐ฑ
@Arsenal's Max Dowman has been presented with three official Guinness World Records certificates following his record-breaking rise through English and European football.
@KenyaPower_Care
Power outage since around noon Thursday 1st October, 2026 at A/C: 14467774338. Your team was cutting down trees around the estate yesterday, corresponding to the outage. Kindly support.
๐จ In one of the most consequential rulings in Kenya's history, the High Court has declared the government's Sh204 billion sale of its Safaricom shares unconstitutional, null and void, and ordered the shares returned to the State. This is a landmark on how public assets may, and may not, be sold. Here is what it means.
On 15 September 2026, a three-judge bench, Justices Francis Gikonyo, Roselyne Aburili and Tabitha Ouya, held that the government's partial divestiture of its 15% stake in Safaricom to Vodafone/Vodacom was undertaken in breach of the Constitution and multiple laws, and was therefore automatically invalid, requiring no order to set it aside. The shares, if already transferred, must be restored to the government on behalf of the people. The court declined to suspend its judgment, directing the respondents to make a formal stay application instead.
The grounds are wide-ranging, and each is instructive.
โ Public participation. The decision to sell was a public-policy decision requiring meaningful, informed public participation under Articles 10 and 118. Neither the Cabinet nor Parliament provided it, and, crucially, the government concealed material information, including the identity of the buyer. The court held that withholding key information turns public participation into a cosmetic exercise rather than genuine engagement.
โ Parliamentary approval is not a cure. Strikingly, the court held that approval by the National Assembly could not sanitise a process tainted by concealment and the absence of participation. A vote in Parliament does not launder an unconstitutional process.
โ Public-finance and procurement law. The transaction did not comply with Section 87A of the Public Finance Management Act, and the transaction advisers were procured contrary to Article 227 and the Public Procurement and Asset Disposal Act. The court also quashed Sessional Paper No. 3 of 2025, on which the divestiture rested.
โ Competition and capital-markets law. The deal would have handed a single foreign entity 55% control of Safaricom, offending the Capital Markets Act, the Takeovers and Mergers Regulations and the Competition Act.
โ Intergenerational equity. The court found the sale offended the principles of intergenerational and intragenerational equity and sustainable development under Articles 10 and 201, recognising Safaricom as a strategic national asset, not merely a commercial holding.
The overarching principle is the one that recurs across Kenyan public law: the need to raise revenue cannot override the Constitution. However pressing the fiscal goal, and this sale was tied to funding the National Infrastructure Fund, the State must sell public assets transparently, competitively, and with genuine public participation, or not at all.
๐ Follow @Lexken_EMSLaw for practical legal insights on public finance, constitutional law and privatisation.
@GoalsideX Not honest. A good team plays to win and the sole objective is winning. Which was the better team in that case? Your guess is as good as mine. #Arsenal
The Eswatini Competition Commission (ESCC) and the Competition Commission South Africa (CCSA) have signed a Memorandum of Understanding (MOU) to strengthen cooperation in competition law enforcement, advocacy and policy between the two jurisdictions.