Two shortlists, one grateful heart!✨️
Senior Counsel and Nairobi Legal Awards (NLA) - ADR Practitioner of the Year. ⚖️
I give all honour and glory to God. 🙏🏿
Who Recruits Kenya's Police Constables?
A constitutional maze
In September 2025, the National Police Service Commission (NPSC) advertised recruitment of police constables and published new Recruitment and Appointment Regulations.
Tom Ojienda & Associates represented Nairobi County in a constitutional petition concerning the County’s handling of its revenues. The petition was dismissed, the firm filed an Advocate-Client Bill of Costs of Ksh. 156.8 million, including Ksh. 89.91 million in instruction fees.
Can a judge who has stepped aside from a case ever return to it?
The Supreme Court has answered that question in the affirmative, holding that judicial recusal is not necessarily permanent and may be revisited where the circumstances that justified it cease to exist.
Samuel Kimondo claimed ownership of LR No. 122/7, part of which had been compulsorily acquired for the Nairobi–Thika Highway. Before compensation was paid, Ruiru Sports Club challenged his ownership in court.
The consolidated petitions challenged the constitutionality of Section 39 of the Elections Act and Regulation 83 of the Elections (General) Regulations, particularly the role of the National Tallying Centre.
@OkiyaOmtatah@IEBCKenya
Kenya is on the cusp of a significant reset in professional legal training.
The Council of Legal Education (CLE) has presented to the AG the draft Legal Education (Licensing and Quality Assurance) Regulations, 2026 and the draft Legal Education (ATP) Regulations, 2026.
Court Draws the Line: Private Insults Still Count as Defamation
Milimani Commercial Court decided in favour of Advocate Thomas Oyugi Moindi, who sued a former opposing party, Larry Nakudana Sankeet, for defamation after receiving an insulting WhatsApp message.
📌📌📌*Rectifying Registry Errors: The Limits of Indefeasibility Title ⚖️
Land disputes in Kenya often outlive the people who started them.
In Odera & Another v Wambia & 4 Others the Court of Appeal revisited a dispute dating back to the 1964 land adjudication process.
Two neighbouring parcels near Eldoret were allocated to different owners: one to the late Nehemiah Odera and the other to the Lugari Yearly Meeting of Friends (Quakers), which developed it into a farmers' training centre and later a primary school.
A renumbering error at the Ministry of Lands led to the Quakers' land being mistakenly registered in the name of Odera's widow in 1990. That clerical mistake remained uncorrected for over a decade before ending up before the Court of Appeal in 2026.
The real issue was whether a title deed can survive when the register itself is founded on an admitted mistake.
Ministry of Lands inspections between 2002 and 2008 consistently confirmed that the Odera family occupied Plot 182, where they had buried relatives, while the Quakers occupied and developed Plot 183. Yet the erroneous title remained.
Applying section 143 of the repealed Registered Land Act, the Court held that a register obtained through fraud or mistake may be rectified, particularly where the registered proprietor knew of or benefited from the error.
The Court went further and inferred *fraud*, not merely mistake. Relying on Katende v Haridar & Company Ltd, it held that fraud may be imputed where a person knowingly benefits from an irregularity, even if they did not create it.
The family's continued claim to Plot 183 despite knowing their actual land was Plot 182 supported that conclusion.
On limitation, the Court reaffirmed that time in claims founded on fraud or mistake runs from the date of discovery, not registration. Since the Quakers discovered the error in 2003 and sued in 2007, their claim was well within time.
The takeaway is clear. Article 40 does not protect a title obtained through fraud or mistake, however long it has existed. Occupation, development, or the passage of time cannot cure a defective registration.
The Court dismissed the appeal, confirmed the Quakers' ownership of Plot 183, and left the family's title to Plot 182 intact.
Food for thought
If a title deed can be cancelled more than 30 years after registration because of a clerical error, is indefeasibility of title really as absolute as many landowners believe?
Here is the link to the case;
https://t.co/63qqo3zZJl
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@KenyaPower_Care Good morning, Meter no. 21174677 Gachie we are out of power since yesterday night at 7pm. It was not a planned power outage kindly look into it
@twavinya
Dear Learned Friends,
Our professional dignity depends on fair remuneration that reflects present economic realities. Moving beyond rhetoric, and in my capacity as a legislative drafter and the Council’s representative to the Advocates Remuneration Order,
Tired of being mistreated in courtrooms as a young Advocate.
Teresia Nicholas Wavinya is ready to step up and protect the young bar.
Vote for real leadership.
Colleagues.
Join us tomorrow to engage with me about the upcoming LSK Elections on all you need to know as a voter. The link to my X is attached for your access.
Link: https://t.co/totDeIe6yX
Karibuni sana.
Conrad Atiang - Coast Representative 2026 - 2028
#CoastisConrad