Kenya Law Reform Commission

A dynamic and responsive agency for progressive law reform

[Kenya Law Reform Commission @klrcKE]

WELCOME ADDRESS BY THE ACTING CHIEF EXECUTIVE OFFICER TO THE COMMISSIONERS OF THE KENYA LAW REFORM COMMISSION DURING THEIR INDUCTION AT SAWELA LODGE NAIVASHA ON 9TH JUNE 2026

Chairperson and Honourable Commissioners,

On behalf of the Secretariat of the Kenya Law Reform Commission, I extend a warm and sincere welcome to you on your appointment as Commissioners of the Kenya Law Reform Commission.
Your appointment comes at an important moment as Kenya continues to navigate complex social, economic, technological, and governance challenges, that demand for responsive, evidence-based, and forward-looking law reform solutions.
The Commission therefore has a unique opportunity not only to fulfil its statutory mandate but also to redefine its role as a strategic institution at the centre of national development and social justice.
In discharging your mandate, you will be supported by a dedicated secretariat comprising professionals drawn from diverse disciplines, including legislative drafting, legal research and development, policy and legislative analysis, public administration, finance, human resource management, information technology, communications, and corporate services.
While our expertise is multidisciplinary, we are united by a common belief in the transformative power of law as an instrument of social progress, good governance, economic development, and the protection of rights and freedoms.
The Secretariat stands ready to support the Commission in the effective discharge of its responsibilities. In the Secretariat you will find a competent, diligent, innovative, and resourceful team committed to excellence in service delivery and to advancing the Commission's mandate.
Our performance evaluation outcomes over recent years demonstrate a culture of accountability, institutional discipline, and continuous improvement. These achievements provide a strong foundation upon which we can build an even stronger and more influential law reform institution.
Honourable Chairperson, Commissioners,

As we look to the future, I invite us to consider a broader and more ambitious vision for the Commission.
Across the world, Governments and Parliaments place trust in law reform bodies to continuously monitor law to establish its efficacy and desirability on account of their technical expertise, authoritativeness and impartiality. Successful law reform agencies are increasingly measured not merely by the number of legislation they have reviewed, but by the quality, relevance, and impact of their recommendations. For law reform to be effective, it must be impactful and informed by intensive consultation, rigorous research, responsiveness to stakeholders, and a commitment to evidence-based decision-making.
It is for this reason that I believe the Kenya Law Reform Commission should position itself as a model law reform agency and, ultimately, as one of the leading law reform institutions in Africa.
The first pillar of this transformation is the development of a National Law Reform Programme. Honorable Chairperson, Commissioners,
The establishment of the Kenya Law Reform Commission as an independent agency to spearhead the law reform agenda has been a significant step to the establishment of an institutional framework for the continuous review of the law in Kenya to ensure that the law is harmonious, technically sound, cost-effective in application and responsive to the needs of the society.
Despite contributing significantly to the development of a legal system that is society oriented and one that creates an enabling environment for development in Kenya, the Commission has noted a gap in the establishment of a strategic approach to the policy and legal reform interventions required to effectively address the needs of the Kenyan people. Law reform in Kenya is often undertaken in a fragmented and reactive manner, resulting in duplication of effort and missed opportunities for strategic reform.
The National Law Reform Programme seeks to establish a coordinated, evidence-based, and forward-looking framework for identifying, prioritising, implementing, and monitoring law reform interventions. Through a rolling five-year reform agenda informed by government priorities, judicial decisions, stakeholder recommendations, and public participation, the Commission will identify areas of law that require review, modernisation, or improvement in response to social, economic, political, and technological change, prioritise the issues for reform based on an established criterion, examine the identified laws or issues and make recommendations for improvement of the law.
One of the key legal issues that should be considered under the National Law Reform Programme is the establishment of a penalty and fee units system in Kenya. Currently, many Kenyan statutes prescribe fixed monetary penalties and fees that lose their effectiveness over time due to inflation and changing economic conditions, by introducing a standardised system of penalty and fee units, Kenya can create a more coherent, flexible, and efficient framework for updating statutory penalties and charges while promoting consistency across legislation. This is an example of practical law reform that can improve both the effectiveness and efficiency of our legal system
The National Law Reform Programme (NLRP) is a strategic intervention because it provides an organised, forward-looking framework that guides how the Commission identifies, prioritises, and undertakes law reform in Kenya. Instead of responding to legal problems in an ad hoc or reactive way, the programme enables the Commission to work in a structured, coordinated, and goal-oriented manner. The attendant law reform reports prepared after every law reform project will additionally provide a critical resource on the legal analysis, constitutional considerations, comparative research, stakeholder consultation findings, implementation planning, and draft legislation recommended to resolve the issue.
Secondly, I propose that the Commission position itself as Kenya's National Centre of Excellence for Regulatory Impact Analysis. The future of law reform is not only about drafting better laws; it is about ensuring that laws deliver measurable social, economic, and governance outcomes. Regulatory Impact Analysis provides a structured methodology for assessing the likely costs, benefits, risks, and consequences of proposed laws before they are enacted.
The Commission is uniquely placed to lead this agenda because it already possesses the essential foundations: a statutory mandate for law reform, expertise in legislative drafting and legal analysis, extensive experience in stakeholder engagement, and established relationships with Parliament, ministries, regulators, county governments, and development partners.
By establishing a dedicated Regulatory Impact Analysis function, the Commission can help improve the quality of legislation, reduce unintended consequences, lower compliance costs, strengthen public participation, enhance investor confidence, and improve implementation outcomes. Over time, this capability could position the Commission as the national custodian of regulatory quality and evidence-based legislative development.
Lastly, at the secretariat level, we are proposing the establishment of a Strategic Law Reform Committee to provide leadership in identifying future reform priorities, monitoring implementation of recommendations, and ensuring alignment between law reform initiatives and national development objectives will be crucial. Such a mechanism would strengthen institutional coordination and provide a structured platform for long-term thinking on legal and regulatory reform. The recommendations of the SLRT will then feeds into the Commission’s Law Reform Programme’s Committee.
Honourable Chairperson, Commissioners,
Achieving this vision will require investment in multidisciplinary capabilities, including legal research and analysis, economics, public policy analysis within the Secretariat. It will also require investment in research infrastructure, stakeholder engagement mechanisms, digital consultation platforms, and knowledge management systems. This need not occur through a large and immediate expansion of resources. A phased approach based on staff development, strategic partnerships, pilot projects, and gradual institutional strengthening will allow the Commission to build these capabilities sustainably.
I believe we have the opportunity to position the Kenya Law Reform Commission as a model law reform agency—one that anticipates future challenges, responds to emerging opportunities, strengthens democratic governance, and contributes meaningfully to national development. By strengthening our methodology, deepening stakeholder engagement, institutionalising regulatory impact analysis, and producing world-class law reform reports, we can significantly enhance the quality, influence, and implementation of our work.
In conclusion Honourable Chairperson, Commissioner, allow me to take this opportunity to express my gratitude for the opportunity to step in to perform the functions of the office of the Secretary/ Chief Executive Officer. I also wish to acknowledge and thank those who previously performed these responsibilities, some of whom continue to serve the Government in different capacities, for the valuable contributions they have made to the Commission’s growth and success.

I fully appreciate that the responsibilities are significant and demanding, carrying with them profound obligations and expectations. I wish to assure that I am prepared and committed to meeting these responsibilities, with diligence, integrity and dedication.
As we are in a football season, allow me to borrow the words of the Arsenal Football Club’s Head Coach, Mikel Arteta, who once urged the supporters to “trust the process”. In the same spirit, honorable Chairperson, Commissioners, I respectfully urge you, to trust the process and together we are going to strengthen the Kenya Law Reform Commission and make it a model law reform institution, in East and Central of Africa, across the African Continent, and throughout the Commonwealth.
I look forward to working closely with all of you in advancing the Commission’s mandate and achieving our shared vision.
Thank you.

[Kenya Law Reform Commission @klrcKE]

In Endorois Welfare Council v Cabinet Secretary Ministry of Environment, Climate Change and Forestry & 4 others [2026] KEELC 432 (KLR), the Environment and Land Court held that the gazettement of approximately 13,195.8 hectares of Arabal Location as a public forest was unconstitutional because the land was community land belonging to the Endorois community.

The Court held that statutory procedures for its conversion into public land were not followed.
The court found that under section 22 of the Community Land Act, community land can only be converted to public land through compulsory acquisition, transfer, or surrender. The Court held that since the Respondent alleged that the land had been surrendered by the community for public use, the process should have been community-driven as required by Regulation 19 of the Community Land Regulations, 2017.

The Court held that quite apart from the requirement of the Regulations, public participation is a constitutional requirement. The Court found that there was no evidence that meaningful public participation involving the Endorois community had taken place.

The Court also held held that under section 31(2) of the Forest Conservation and Management Act, consultation with the NLC was mandatory before declaring community land a public forest.

Evidence showed that the NLC had requested further consultations and clarification before any conversion could proceed, but there was no proof that those consultations took place.
Consequently, the court quashed the gazettement of the community land as a public forest.
#KatibaWednesday
#ProgressiveLawReform

[Kenya Law Reform Commission @klrcKE]

Recent incidents involving passengers allegedly falling or being pushed from moving public service vehicles, together with recurring road accidents attributed to dangerous driving, have renewed public concern about safety in the public transport sector.

Kenya's legal framework already addresses these issues. For example, the Traffic Act contains provisions on reckless driving, driving without due care and attention and the regulation of public service vehicle operations. The Act also provides penalties for traffic offences and mechanisms for regulating drivers and conductors of public service vehicles.

Despite these safeguards, the incidents raise broader questions about whether existing legal and regulatory measures are sufficient to deter dangerous conduct, protect passengers and promote accountability within the public transport sector.

Is the challenge one of inadequate laws, weak enforcement or both? What role can law and policy play in strengthening passenger safety and public confidence in public transport?

We welcome your views.

#LawReform #RoadSafety #PublicTransport #PassengerSafety #TopicalTuesday

[Kenya Law Reform Commission @klrcKE]

Section 89 of the Employment Act requires most employment-related claims to be filed within three years from the date the cause of action arises. Where the claim relates to a continuing injury or damage, the claim must be filed within twelve months after the injury ceases.
While the provision promotes timely resolution of employment disputes and legal certainty, questions continue to arise:
🔹 What amounts to a "continuing injury" in employment law?
🔹 Should courts have discretion to extend time in exceptional circumstances?
🔹 Does the strict limitation period affect access to justice for vulnerable employees?
🔹 Should the law accommodate delays that may be experienced when claimants seek recourse in internal grievance mechanisms, mediation, or conciliation processes?
As Kenya continues to modernise its labour laws, these are some of the questions that inform ongoing discussions on balancing legal certainty with fair access to justice.
What are your views? Should Section 89 remain as it is, or is there need for reform?
#TalkToUsThursday #EmploymentLawKE #LabourRights #LawReformKE #KLRC

[Kenya Law Reform Commission @klrcKE]

In Janmohammed (SC) (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich arap Moi) & Another v Lagat & 4 Others [2024] KESC 39 (KLR), the Supreme Court considered whether a constitutional petition filed 31 years after the alleged deprivation of the right to property could proceed despite the provisions of section 7 of the Limitation of Actions Act.

The respondents, who were administrators of the Estate of Noah Chelugui, alleged that land belonging to the late Noah Chelugui had been unlawfully transferred and registered in the name of former President Daniel arap Moi in 1983. They filed a constitutional petition in 2014 alleging violation of the right to property contrary to Article 40 of the Constitution.

The Environment and Land Court agreed with them and awarded 1.06 billion shillings in their favour as damages. On appeal, the Court of Appeal agreed with the ELC and sustained the award.

On a second appeal, the Supreme Court held that as a general rule, the Limitation of Actions Act does not oust the jurisdiction of a court to hear a constitutional petition. However, the Supreme Court held that the rule is not absolute and the court must determine that issue on a case-to-case basis.

On the particulars of the case, the Supreme Court held that the court must consider whether the delay was inordinate and whether a satisfactory explanation had been provided.

The Court held that the 31-year delay in the case was inordinate and unexplained, and therefore the claim of compensation could not be sustained. The Supreme Court therefore overturned the decision of the Court of Appeal.
#KatibaWednesday

[Kenya Law Reform Commission @klrcKE]

Recent events have renewed public discussion around disaster preparedness, emergency response and public safety in Kenya. Whether caused by fires, floods, disease outbreaks or other emergencies, such incidents often prompt questions about how prepared our institutions are to prevent, prepare for and respond to disasters.

Against this backdrop, the President recently assented to the National Disaster Risk Management Act, which establishes a framework for disaster risk reduction, preparedness, response and recovery. The Act also seeks to strengthen coordination between national and county governments and improve institutional capacity in disaster management.

The new law presents an opportunity to reflect on Kenya's approach to disaster management. Will the new institutional and coordination mechanisms strengthen preparedness and response in practice? How can the law help shift the focus from reacting to disasters after they occur to preventing and reducing risks before they happen? And what steps will be necessary to ensure that the law translates into safer communities and greater resilience across the country?

#LawReform #DisasterRiskManagement #PublicSafety #TopicalTuesday #DisasterPreparedness

[Kenya Law Reform Commission @klrcKE]

The Kenya Law Reform Commission wishes all Kenyans a Happy Madaraka Day. As we celebrate our nation's self-governance, the Commission reaffirms its commitment to provide leadership in law reform through continuous review of the law, ensuring its systematic development and reform in conformity with the Constitution.
#MadarakaDay2026
#MadarakaDayWajir
#ProgressiveLawReform

[Kenya Law Reform Commission @klrcKE]

Did you know that some laws in Kenya still remain in the statute books despite no longer reflecting constitutional values, modern realities or the needs of the people? These are commonly referred to as “dead letter laws”, laws that are outdated, obsolete, rarely enforced or overtaken by social, technological, and constitutional developments.

To address this challenge, the Kenya Law Reform Commission is in the process of establishing an Inter-Ministerial Committee to review obsolete and outdated legal provisions across various statutes with the aim of recommending:

• repeal of outdated and impractical laws;
• deletion of obsolete provisions;
• harmonisation of laws with the Constitution; and
• enactment of modern, people-centred laws responsive to present-day societal, economic, and governance realities.

The initiative seeks to ultimately provide a legal framework that is:
constitutional;
responsive;
efficient; and
that reflect the aspirations and needs of the Kenyan people.

Let us engage in the comments section by identifying laws and provisions that are outdated, oppressive, impractical, or those that no longer respond to contemporary Kenyan realities for possible review and reform.
#TalkToUsThursday #LawReformKE #PeopleCentredLaws

[Kenya Law Reform Commission @klrcKE]

Eid Mubarak from us at the Kenya Law Reform Commission.

[OAG KENYA @AGOfficeKenya]

Today, the Attorney General Hon. Dorcas Oduor, EGH, attended a meeting of the National Council on the Administration of Justice (NCAJ) at Safari Park Hotel, presided over by Chief Justice Martha Koome.

The high-level engagement convened leaders and key stakeholders from across the justice sector to deliberate on priority issues affecting the administration of justice and the delivery of justice services in the country. Among those in attendance were , PS @CorrectionalKE Services Dr. Salome Biacco, Hon. @CarrenAgengo, the PS for Children Affairs, the @LawSocietyofKe President, Mr. @ckanjama alongside senior officials drawn from various justice sector institutions.

The meeting underscored the importance of sustained inter-agency collaboration, institutional coordination, and collective action in addressing emerging challenges within the justice sector. Discussions focused on strengthening partnerships among institutions, promoting access to justice, enhancing accountability, and advancing reforms aimed at improving efficiency and responsiveness in service delivery.

The NCAJ continues to serve as a critical platform for fostering cooperation among justice sector actors in the pursuit of a more effective, accessible, and people-centred justice system.

[Kenya Law Reform Commission @klrcKE]

Recent conversations about gender-based violence and the deaths of women and children have raised difficult questions about safety, protection systems and access to justice in Kenya. Civil society groups including FIDA-Kenya, LSK, KEWOPA and KHRC have also raised alarm over rising cases of violence and the slow institutional response meant to prevent and address them.

The Constitution already guarantees several protections including the right to life under Article 26, equality and freedom from discrimination under Article 27, human dignity under Article 28, freedom and security of the person under Article 29 and children’s right to protection from abuse, neglect and violence under Article 53.

Kenya also has laws such as the Children Act, the Sexual Offences Act, the Protection Against Domestic Violence Act and provisions of the Penal Code aimed at addressing violence and abuse. However, reports involving violence against women and children continue to raise questions. Are existing laws sufficient? Are they properly enforced? How should the law evolve to address emerging forms of violence and strengthen protection systems for women and children? Share your thoughts!

#ChildProtection #GBV #AccessToJustice #TopicalTuesday

[Kenya Law Reform Commission @klrcKE]

The KLRC Act, Section 6 (f) mandates the Commission to consult and collaborate with State and non-State organs, departments or agencies in the formulation of legislation to give effect to the social, economic and political policies for the time being in force.

The High Court delivered a landmark judgement in the Constitutional Petition No. E490 of 2025, Justice Bahati Mwamuye held that applying Sections 8, 9, 11, and 43 of the Sexual Offences Act to adolescents of close age proximity engaging in consensual, non-coercive, and non-exploitative sexual relations violates Articles 27,28,31,43 and 52 of the Constitution.

Currently, the Commission is offering technical assistance to the NCAJ SGBV Committee to amend the Sexual Offences Act, Cap. 63A, and this judgment by the high court will be taken into consideration in amending the Act to ensure that the adolescents are protected and not punished.
#MandateMonday

[Kenya Law Reform Commission @klrcKE]

Why is it necessary to undertake a regular legislative review? You may ask.
Review of any legislation ensures that laws remain relevant to societal changes; that it is effective in achieving their intended goals and purpose; that it is compliant with constitutional set of standards and requirements; eliminates outdated provisions and finally that it adapts to new technologies advancements.
#FunFactFriday
#ProgressiveLawReform

[Kenya Law Reform Commission @klrcKE]

Kenya has taken a major step toward strengthening social welfare and protecting vulnerable persons through the enactment of the Social Protection Act, 2025.

The new law establishes the National Board for Social Protection and provides a comprehensive legal framework for the administration of non-contributory social protection interventions in Kenya.

Key highlights of the Act include:

✔️ Establishment of a National Social Protection Registry
✔️ Provision of cash transfers and social care services
✔️ Protection for vulnerable groups including older persons, persons with disabilities, orphans, caregivers and persons affected by shocks
✔️ Strengthened accountability, transparency and data protection safeguards
✔️ Coordination between national and county governments on social protection programmes

This new law is expected to improve coordination of social protection programmes especially by the National and County Governments and help ensure that support reaches vulnerable individuals and households more efficiently, fairly and transparently across the country.

The Social Protection Act, 2025 commenced on 19th August 2025.

Let us have your views as we seek to undertake a post enactment evaluation on the provisions of the Act
#LawReformKE #KLRC #SocialProtectionAct2025 #SocialJustice #PostEnactmentEvaluation #TalktoUsThursday

[Kenya Law Reform Commission @klrcKE]

The High Court in Kenya National Commission on Human Rights & 2 others v Attorney General; Director of Public Prosecutions & 3 others (Interested Parties); Law Society of Kenya (Amicus Curiae) [2025] KEHC 6 (KLR) considered the constitutionality of section 226 of the Penal Code which criminalizes attempted suicide.

The Petitioners in that case argued that the provision violated constitutional rights under Articles 27, 28 and 43 of the Constitution because persons who attempt suicide are usually suffering from mental illness and require treatment rather than punishment.

The Petitioners argued that criminalization stigmatized people suffering from mental illness, discouraged them from seeking medical assistance, and effectively punished vulnerable persons for their health condition.

The Respondent, the 5th Interested Party and 6th Interested Party defended the law on the basis that Parliament had enacted it as a policy measure to protect life and deter self-harm. They also argued that the petitioners should first have petitioned Parliament under article 119 of the Constitution before approaching the court.

The High Court rejected those objections and affirmed that it had jurisdiction under the Constitution to determine whether legislation is unconstitutional. The court emphasized that although courts should generally respect legislative policy choices, they must intervene where legislation violates constitutional rights and values.

The Court noted that the Mental Health Act recognizes persons with suicidal ideation or suicidal behaviour as persons suffering from mental illness. The court therefore found it contradictory for the law to simultaneously classify suicidal persons as mentally ill while criminalizing their conduct.

The court concluded that section 226 of the Penal Code was unconstitutional because its effect was discriminatory, degrading, and inconsistent with modern constitutional protections of dignity, equality, and health rights.
#KatibaWednesday

[Kenya Law Reform Commission @klrcKE]

Welcoming New Members of the Commission

H.E. Mutula Kilonzo Junior, CBS (nominated by the Council of Governors) and Ms. Annette Imbuhila Wangia (representing the Director of Public Prosecutions) were today sworn in as Members of the Kenya Law Reform Commission by the Honourable Chief Justice and President of the Supreme Court, Martha Koome.

This follows the swearing in of Mr. Emmanuel Mumia (nominated by the Law Society of Kenya), Ms. Catherine Ochanda (representing the Honourable Attorney - General) and Dr. Walter Ochieng' Khobe (representing the Chief Justice) as Members of the Commission at a ceremony which was presided over by the Chief Justice on 4th March 2026 .

The Chairperson, Ms. Christine Agimba SC, welcomed the new Members as they formally assumed office. With the re-constitution of the Commission, the Chairperson noted that the Members will be pivotal in providing policy and strategic guidance and oversight in the discharge of its mandate and and the implementation of Commission's 2023 - 2028 Strategic Plan, which focuses on aligning legal frameworks with the Constitution, strengthening evidence-based law reform, fostering an informed citizenry through public education, and positioning KLRC as a model law reform agency.

The Commission appointed Mr. James Nombi to perform the duties and responsibilities of the Secretary/ Chief Executive Officer, following the appointment of Hon. Justice Peter Musyimi as a Judge of the Environment and Land Court.