Barako Guyo

Advocate of the High Court of Kenya.

[Mario Nawfal @MarioNawfal]

🇮🇶🇸🇾 Iraq's workaround for the Strait of Hormuz is to full-send tanker trucks packed with oil over the border into Syria towards Mediterranean ports

And it looks fking insane

Writer: Ian

[Jakochia Esq @Esq_Dalmas_J]

https://t.co/qH9PLdXhFq

[Kansoo ⚖️ @SomaKat1ba]

Kiage JA gives the grounds for Extension of time under Rule 4, CoA Rules 2022. An application under Rule 4 is subject to the Court's discretion as far as Article 159 (2) (d) of the Constitution is concerned.

Here's the link to the full CoA Ruling 👇🏽

https://t.co/4cu9CfVTV0

[Davis Thuranira @DavisThuranira]

Why does the government take years to pay you, even after you've won the case against it?

This lady won Ksh 76.8 million in 2022 against the government over a demolished property. Four years later, she still hasn't seen a shilling.

Amina Ochieng won the case against Kenya Railways, Kenya Ports Authority and Kisumu County after her property was unlawfully demolished.

Kenya Railways appealed and got a conditional stay to deposit half the money in 45 days or lose it. They opened the account but never deposited a shilling. The stay expired on its own.

Kenya Railways appealed part of the ruling and asked the court to pause enforcement in the meantime. The court agreed, but only on one condition, deposit half the money into a joint account within 45 days or lose that protection. They opened the account at KCB Eldoret. Then they simply never put the money in, not within 45 days, not ever, and their shield against enforcement quietly expired on its own terms.

When she finally dragged them back to court, their excuse was that there is no budget approval yet, but the court wasn't buying it. No proposals shown, no Treasury correspondence, just a vague promise. This is what the court stated:

"A decree holder who has done everything required by the law cannot be left holding a barren judgment at the mercy of interminable bureaucratic processes."

Kenya Railways tried to argue they weren't sure which portion of the Kshs 76.8 million they were personally responsible for, since the judgment was against multiple parties, and asked the court to apportion the amount before making them pay.

The court flatly declined. It said because the judgment was joint and several, the applicant is entitled to recover the full amount from any one of the judgment debtors. How the government agencies later divide that burden among themselves is a private matter of contribution between them, not something the person owed the money needs to wait on or get involved in. The court also said it had no jurisdiction in a judicial review case to go back and rewrite the original decree by apportioning it.

Then it gave them the way out: if Kenya Railways pays the full amount now, nothing stops them from turning around and suing their co-defendants for their share afterward. In other words, sort out who owes what among yourselves, but pay the person first.

This very day we meet people who won their case against the government and still never got paid. Most of the excuses the government gives don't hold up. Courts stopped buying them.

The longer the government delays, the bigger the bill grows. Interest piles up daily until taxpayers foot a bill tens of millions higher than the original judgment, funding impunity while illegal demolitions keep costing the public.

Ochieng v Kenya Railways Corporation [2026] KEELC 5328.

#LegalAwareness

[EMS Law LLP @Lexken_EMSLaw]

🚨 Supplier behind a Sh2.9 billion Kenya Power contract has lost a Sh317 million tax fight because it could not produce the documents to support its own VAT claims.

In an appeal before the Tax Appeals Tribunal, Harley Berry Limited lost its challenge to a Sh317.9 million VAT assessment after failing to produce records supporting the input tax it had claimed. The Tribunal dismissed the appeal and upheld KRA's assessment in full. Here is what happened, and why it matters. 🧵

[EMS Law LLP @Lexken_EMSLaw]

🚨 Just because a programme is for the public good does not put it above the Constitution.

In a judgment delivered on 29 May 2026, a three-judge bench of the Environment and Land Court halted the Southlands Affordable Housing Project in Lang’ata, quashing its environmental licence for failure to follow the constitutional and statutory process. The principle it affirms reaches every public project in the country. 🧵

[Julians Amboko @AmbokoJH]

Seven months ago I sat down with KRA's Commissioner for Micro & Small Taxpayers & asked him why the authority was frustrating taxpayers ability to use of Sec47 of the Tax Procedures Act's provisions for offsets using tax credits (see quoted tweet).

The Tax Appeals Tribunal has now handed taxpayers a major win on this front.

The facts of the case:

· Easton Petroleum Ltd has a VAT liability of VAT liability of Kes 12,856,678 for which KRA issued agency notice & attached/froze the accounts

· But at the same time, Easton Petroleum Ltd had a VAT credit of Kes 19,709,644.89

· Easton Petroleum Ltd therefore lodged an application on 14th May 2026 requesting for set-off of the liability against the available VAT credits

· KRA, however, failed, neglected or refused to process the set-off, issue a TCC or withdraw the Agency Notices even after 14 days had lapsed

· KRA declined the request on the basis that the
available VAT credit constituted excessive input tax under Sec17(5) of the VAT Act which in its view could have been carried forward to subsequent tax
period

· KRA was effectively saying that the credit did not amount to refundable Tax capable of being off-set against the Tax liability

· The Tribunal countered KRA's argument stating that Sec47 of the TPA vests the Commissioner with the statutory power to apply available tax credit towards & existing tax liability where the circumstances justify such an offset

Musings:

· This is a huge win for taxpayers considering how much this provision, which was crucial in providing cashflow relief to taxpayers, has been stifled
· I find the Revenue Authority's argument strange given that this was a matter falling under the same tax head
· The next hurdle is to push for offsets across tax heads because the resistance there is quite significant

[EMS Law LLP @Lexken_EMSLaw]

🚨 The Court of Appeal has ruled that you cannot deny a contract exists and then use that same contract against the other side. Here is the case that shut down a seller trying to have it both ways, and the constitutional idea behind it.

In Al Husnain Motors Ltd v Joseph Matagaro Michira, decided on 31 July 2026, the Court of Appeal confronted a party trying to have it both ways, denying a contract existed while relying on it to allege breach. Beneath the ruling lies a constitutional idea about what a fair hearing actually requires. Here is what it decided. 🧵

[EMS Law LLP @Lexken_EMSLaw]

🚨 Can a leader removed from office through impeachment stand for election again? The Speaker of the Meru County Assembly asked the Supreme Court to settle it. On 6 August 2026, the Attorney General advised the Court to decline the question altogether.

In Supreme Court Reference E001 of 2026, the Speaker sought an advisory opinion on how Chapter Six of the Constitution, on leadership and integrity, applies to leaders who have been removed from office. Rather than answer, the Attorney General has advised that the Court should not take up the Reference at all. The reasoning matters as much as the outcome. 🧵

[Caroline Oduor @OduorACaroline]

How should the Court balance technological modernisation by the State against the need to preserve existing rights and the subject matter of a pending Petition?

In granting limited conservatory relief, the High Court in Onyango & Another v National Transport and Safety Authority (NTSA) & 3 Others, Petition E492 of 2026 [2026] KEHC 12815 (KLR)  reiterated that such orders are “not ordinary civil law remedies” but constitutional remedies intended to keep the subject matter of the dispute in situ.

The Court consequently restrained the Respondents from permanently discontinuing or invalidating existing physical logbooks pending the hearing and determination of the Petition.

[Barako Guyo @BarakoG]

What Country are we living in?

[Sholla Ard 🇰🇪 @sholard_mancity]

🚨 WE EXPOSED IT FIRST.

While the system slept, we were already in the lab.

Months ago between January& April, we started testing medicines that Kenyans take every day, Postinor, amoxicillin, blood pressure tablets. The packaging looked perfect. The tablets looked real. But when we ran the HPTLC screening, the results hit different.

Red flags everywhere.

We didn’t stay quiet. In March, we went public. We named the drugs. We warned that counterfeit medicine is one of the biggest silent killers in Kenya right now. We begged KEMSA and the authorities to wake up.

Many ignored us. Some mocked us even as we did fundraisers to expand testing. A few supported us quietly.

Today, the Ministry of Health and Pharmacy and Poisons Board finally dropped the official alert:

Fake Postinor-2, batch T34197R, is flooding the market. The exact kind of product our early tests had already flagged.

Two people arrested. Investigation ongoing.

They confirmed what we raised first.
This is not luck. This is what happens when ordinary people refuse to look away. ( i have attached the letter in replies)

We tested when no one was watching.
We spoke when it was uncomfortable.
We forced the system to move.

Fake medicine doesn’t just steal money - it steals lives, futures, and trust.

We are not done. More tests are coming. More truth is coming.

If you believe Kenyans deserve real medicine, and that those who risk speaking first should never stand alone… Speak up, support through our link or till number.. & share the alert with other Kenyans, let's force govt to act

Let them know the people are watching.
We’re just getting started.

[Sholla Ard 🇰🇪 @sholard_mancity]

🚨 WE EXPOSED IT FIRST.

While the system slept, we were already in the lab.

Months ago between January& April, we started testing medicines that Kenyans take every day, Postinor, amoxicillin, blood pressure tablets. The packaging looked perfect. The tablets looked real. But when we ran the HPTLC screening, the results hit different.

Red flags everywhere.

We didn’t stay quiet. In March, we went public. We named the drugs. We warned that counterfeit medicine is one of the biggest silent killers in Kenya right now. We begged KEMSA and the authorities to wake up.

Many ignored us. Some mocked us even as we did fundraisers to expand testing. A few supported us quietly.

Today, the Ministry of Health and Pharmacy and Poisons Board finally dropped the official alert:

Fake Postinor-2, batch T34197R, is flooding the market. The exact kind of product our early tests had already flagged.

Two people arrested. Investigation ongoing.

They confirmed what we raised first.
This is not luck. This is what happens when ordinary people refuse to look away. ( i have attached the letter in replies)

We tested when no one was watching.
We spoke when it was uncomfortable.
We forced the system to move.

Fake medicine doesn’t just steal money - it steals lives, futures, and trust.

We are not done. More tests are coming. More truth is coming.

If you believe Kenyans deserve real medicine, and that those who risk speaking first should never stand alone… Speak up, support through our link or till number.. & share the alert with other Kenyans, let's force govt to act

Let them know the people are watching.
We’re just getting started.

[Thuranira @Thuranira_1]

A man has been ordered to pay Ksh 2.5 million after secretly taking nude photographs of a married woman during a private meet-up. The photographs were later circulated without her consent.

The man denied responsibility, arguing that there was no proof that the social-media account used to circulate the photos belonged to him.

The Court has held that a person who possesses intimate photographs has a duty to protect them from unauthorised disclosure. The woman’s privacy and dignity were violated and the man was ordered to pay Ksh. 2 million in general damages and KES 500,000 in exemplary damages, plus costs and interest.

[Hanifa @Honeyfarsafi]

Kenyans are uniting to defend Charlene against Tanzanians😂😂 “only we can hate on our own”

[Barako Guyo @BarakoG]

Saddening

[Turner2😅 @Harrkejdj]

This is Garissa referral hospital during yesterday's blackout. Allegedly the hospital doesn't have a power back up. This are patients on dialysis. Without power dialysis can't continue. The blood that is out of the patients body will just clot after sometime. As a nurse in the renal unit you will just watch patients die. The Machines just shut down and patients life slip away. This is where the level of bad governance has taken us to. But CS Duale instead of championing for such things, he us telling Somalis to be polygamous and give birth more so that he can get a political seat in future. Fvck you and anything you stand for.

[Anuj @anujcodes_21]

INSTEAD OF WATCHING AN HOUR OF NETFLIX TONIGHT.

This 1 hour Stanford lecture by Joel Peterson will teach you more about negotiation and getting what you want than most people learn in years.

Bookmark it and give it an hour, no matter what.

[Caroline Oduor @OduorACaroline]

When is Government making law, and when is it simply implementing it?

For years, Legal Notices have routinely been treated as delegated legislation. The Supreme Court has now drawn a constitutional distinction that could reshape that assumption.

In a landmark judgment, Matindi v National Assembly & 4 Others [2026] KESC 56 (KLR), the Supreme Court held that a Legal Notice issued under delegated statutory authority does not automatically become delegated legislation requiring public participation. The decisive question is its legal character, not its title.

[Finance Historian @BoardLotSultan]

Folks, I owe you this story:

Behind the sleek advertisements and massive corporate launches lies a story of IP Theft, Criminal Conspiracy to defraud, Corruption, corporate espionage, secret email trails, police raids, and legal warfare.

This is the 11-year drama that is unfolding today and will lead to the arrest of Senior Executives at Safaricom PLC

The full story of Transcend Media Group v. Safaricom PLC & Others. (Long Thread) 🧵

[Barako Guyo @BarakoG]

informative

[Anuj @anujcodes_21]

A man spends 50 years teaching at MIT.

He knows his time is running out.

So he records one last lecture — everything he knows, distilled into a single hour.

He died 5 months later.

This is that lecture.

The most important hour you'll watch this week.

Bookmark it for later!

[RÛKÛ GK @gk_ruku]

ONBOARDING OF CRUCIAL GOVERNMENT SERVICES ON HUDUMA CENTRES

Huduma Centres have become critical one-stop shops for government services across the country. Citizens visit Huduma Centres with an expectation that all public services are provided through the @HudumaKenya platforms.

Today I chaired a multi-agency meeting involving various Ministries, Departments and Agencies (MDAs) from across the public and civil service, to discuss deployment of Universal Public Servants in all the current 59 Huduma Centres in the 47 counties.

The Ministry of Public Service, Human Capital Development and Special Programmes through Huduma Kenya is intentional in facilitating all MDAs and Counties to onboard all their front office services to Huduma Centres via the model of Universal Public Servants.

I was assisted by the Principal Secretary for Public Service and Human Capital Development @Dr_JaneImbunya and Huduma Secretariat CEO @BenKaiChilumo.