🚨 Can a court order you to stop speaking about a sitting MP, when much of what you are saying is drawn from public audit reports? A recent court order has reopened one of the hardest questions in our law: where does protecting the right to privacy end, and the freedom of expression begin?
A Keroka court has restrained activist and Borabu aspirant Morara Kebaso from making a defined set of statements about the area MP, pending a defamation suit.
Interestingly, the court did not treat the application as urgent, yet still barred him from speaking in the meantime. Here is the constitutional tension beneath it.🧵
🇺🇸 U.S. Supreme Court Upholds Birthright Citizenship
The U.S. Supreme Court has ruled that children born in the United States are citizens at birth, regardless of whether their parents are unlawfully or temporarily in the country.
The Court held that President Trump’s Executive Order seeking to deny birthright citizenship violates the Fourteenth Amendment, reaffirming that constitutional rights cannot be overridden by executive action.
The ruling preserves the long-standing principle of birthright citizenship and confirms that any change to it requires a constitutional amendment—not a presidential order.
🚨 Cabinet establishes a Standing Cabinet Committee on Artificial Intelligence. This marks a significant shift in how Kenya intends to govern and not merely adopt AI.
The committee’s mandate is broad i.e. steering a national AI strategy, coordinating policy across Government and positioning Kenya as a regional leader in responsible AI development. Notably, the language pairs innovation and productivity with appropriate governance and safeguards signalling this is intended as more than an economic initiative.
For commercial law practitioners, this is a development worth following closely. A coordinating body at Cabinet level suggests AI governance may move from sectoral interpretation i.e. each regulator applying the Data Protection Act 2019 independently toward a more unified national framework. This has implications for compliance advisory, contract drafting and risk allocation across the transactions we handle for clients operating in or entering the Kenyan market.
The question we will be watching is one of substance,will this committee produce binding standards or operate primarily as a coordination layer above existing regulators? We will continue to monitor developments and advise clients accordingly as the framework takes shape.
A data system that tells us how many children actually need support.
This isn’t a critique of where the money is going today that investment in HIV/TB/malaria has saved lives and deserves the credit it gets. It’s a hope that autism is added to that list, not pitted against it.
Yesterday’s Cabinet memo after the cabinet meeting reaffirmed Kenya’s sustained structured investment in HIV, TB and malaria response a Kenya-US Health Cooperation Framework, disease surveillance systems.Over 13,000 frontline health workers being integrated into our public
🚨 Can a foreign embassy hire a Kenyan, dismiss them unfairly, and then claim it is above the reach of Kenyan courts? A question about where sovereign immunity ends and a Kenyan worker's rights begin.
Two Kenyan employees sued the Embassy of Sweden over their employment. The Embassy argued that as the mission of a sovereign State, it was immune from Kenyan courts altogether. The Employment Court said no. The Court of Appeal agreed. And now the same question is on its way to the Supreme Court.
The dispute runs to the heart of a hard tension. A sovereign State is not ordinarily answerable to another country's courts. But a Kenyan who works for that State, on Kenyan soil, has constitutional rights too. Whose position prevails? Here is the issue. 🧵
The Joy of seeing my childhood friends get into careers is unmatched,wdym now i have a literature teacher, quantity surveyor, medical doctor,lawyer and a prison officer in my close circle🥳
We need to talk more about how much men dabble in magickal & occult practices. We associate these things primarily with women but, many men (outside of the minority who own it) are covert warlocks — they just bank on us underestimating their skill &/or do weaponized incompetence.
Stop ignoring when your talent has been validated in multiple spaces. It's not a gimmick, it's not luck, it's not a once in a lifetime occurrence. You are GOOD at this thing. The proof is there. Accept it and act accordingly.
🚨Martha Karua has reportedly been barred from entering Uganda while trying to reach her collegue’s arraignment.
This time travelling as a private citizen to support her co-counsel, Adv. Erias Lukwago, at his arraignment.
But the deeper question this raises is bigger than one trip: when she travels as an advocate to actually represent her client, what does East African law actually guarantee her, and where does that guarantee run out? - A Thread
I have received reports on the denial of entry and forcible intended deportation of @MarthaKarua SC, who had travelled to Uganda to observe the arraignment of Hon @EriasLukwago Advocate, who is acting with her as lead counsel in the Kizza Besigye case.
As @ealawsociety we are deeply concerned with this development and shall be issuing a full statement shortly protesting this action. To bar an advocate from a Partner State while she discharges her professional duty is a flagrant breach of the right of entry guaranteed to every EAC citizen under the EAC Treaty, and affirmed by the East African Court of Justice in Samuel Mukira Mohochi v Attorney General of Uganda.
In a similar vein, the Supreme Court in Kabuito Contractors v AG Application No. E039 of 2025, shuts the door on a KSh 3.17B govt road repair claim refusing to certify it as a matter of general public importance.
The takeaway for litigants is :-
A private contract dispute doesn’t become public interest just because the government is the defendant or the sums are huge. It must transcend the parties.
The Supreme Court stated the threshold a litigant must satisfy for a matter to be declared as a matter of public importance — drawing on the settled tests in the cases of Steyn and Bell:
- It must transcend the parties. The issue has to reach beyond the private dispute and bear significantly on the public interest.
- The burden is on the applicant. You must demonstrate concrete, identifiable elements of real public concern — not merely assert that your case is important.
- A private claim stays private — however large. Even where an appeal raises points of law, those points are not of public importance if they concern a contract "in which the public as a whole has no stake."
- No last-minute repackaging. You cannot introduce a fresh constitutional angle at the certification stage, nor simply restate the issues you already lost in the courts below.