In Mwangi v ABSA Bank Kenya PLC [2024] KEELRC 2399 (KLR), the Employment and Labour Relations Court considered whether an employer's surveillance of an employee's private life violated the constitutional right to privacy under Article 31 of the Constitution.
The claimant, a senior branch manager, had been suspended and later dismissed following investigations into alleged breaches of banking procedures. During the suspension, the bank engaged a private investigator who monitored the claimant's movements in public places, including restaurants and pubs, and sought personal information from third parties unrelated to the disciplinary allegations.
The Court held that although the claimant's dismissal was substantively and procedurally fair due to his breach of fiduciary duties and conflict of interest, the employer's intrusion into his private life was unjustified. It emphasized that an employee does not forfeit the constitutional right to privacy merely because disciplinary proceedings are underway.
Where an employer seeks to rely on an employee's conduct outside the workplace, the proper course is to confront the employee through established disciplinary procedures rather than undertake covert surveillance.
The Court reaffirmed that Article 31 protects individuals from unwarranted collection of personal information unrelated to their employment and that privacy is a fundamental constitutional value essential to dignity and autonomy.
Consequently, the Court declared that the claimant's right to privacy had been violated and awarded KSh 5 million in general damages for the constitutional breach.
#KatibaWednesday
#ProgressiveLawReform
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
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.
The month-long Enhanced Continuous Voter Registration (ECVR) drive by the Independent Electoral and Boundaries Commission (IEBC) ended on 28th April 2026. According to @IEBCKenya, the exercise added over 2.6 million new voters to the register.
Now that the drive has ended, a common question arises. Has voter registration stopped? It has not.
Article 88(4)(a) of the Constitution lists among the functions of IEBC “the continuous registration of citizens as voters.” Section 5(1) of the Elections Act (Cap. 7) further provides that registration of voters “shall be carried out at all times,” except during limited periods immediately before an election, by-election or referendum.
The recent ECVR drive was therefore an intensified phase of an ongoing process. Eligible citizens who have turned 18 or who were not previously registered may still apply for registration at Huduma Centres, IEBC constituency offices, or IEBC headquarters in Nairobi.
Article 38(3)(a) of the Constitution guarantees every adult citizen the right, without unreasonable restrictions, to be registered as a voter.
As provided under the Constitution and the Elections Act, voter registration remains continuous.
#TopicalTuesday #VoterRegistration #IEBC #Elections #PoliticalRights
WINNER OF THE HUMAN RIGHTS DEFENDER AWARD!
Congratulations to @LarryMadowo for winning the human rights defenders award, an award recognizing Individuals or movements who, within the past year, have demonstrated outstanding courage in addressing and challenging current human rights issues.
#HRDAwardsAt10 #MeettheHRDs #CourageHasAName
Whoever did the underpass at Haile Sellasie understood the assignment. The whole city in floods but the underpass is very clear. The contractor na manager wa lines za super metro can make Nairobi Work
Today, I had the distinct honour of presiding over the swearing-in of distinguished Kenyans entrusted with critical constitutional and statutory mandates in service to our nation.
I officially administered the oath of office to:
Francis Meja – Chairperson, Public Service Commission
Emmanuel Mumia – Commissioner, Kenya Law Reform Commission
Catherine Ochanda – Commissioner, Kenya Law Reform Commission
Walter Ochieng Khobe – Commissioner, Kenya Law Reform Commission
Charfano Guyo Mokku – Member, National Heroes Council
As I addressed the newly sworn-in Chairperson of the Public Service Commission, I underscored the solemn duty placed upon the Commission under Article 234 of the Constitution. The Commission carries the profound responsibility of embedding constitutional values across the public service, strengthening institutional efficiency, and advancing professional excellence. Our public service must become a model employer that is setting the national benchmark for meritocracy, transparency, fairness, and integrity in employer–employee relations.
To the Commissioners of the Kenya Law Reform Commission, I acknowledged the significant strides the Commission has made over the years in translating constitutional aspirations into legislative reality. Through the review of outdated statutes and the proposal of progressive reforms, the Commission has helped align our legal framework with constitutional imperatives. I urged them to consolidate and deepen these gains by ensuring that law reform remains proactive, evidence-based, and responsive to emerging social, economic, technological, and governance challenges. In particular, I emphasised the importance of prioritising statutory provisions declared unconstitutional by our courts , many of which are identified annually in the State of the Judiciary and Administration of Justice Report. Fidelity to the Constitution demands timely legislative correction.
To the Member of the National Heroes Council, I encouraged a broad and inclusive vision of heroism , one that recognises not only celebrated figures, but also ordinary Kenyans whose quiet acts of courage, integrity, and service sustain our communities. By identifying, honouring, and celebrating our heroes and heroines, the Council shapes our collective memory and affirms the values that define us as a people.
As Chief Justice, I remain deeply committed to supporting institutions that uphold constitutionalism, strengthen governance, and advance justice for all. Today’s ceremony was not merely procedural; it was a reaffirmation of our shared obligation to serve the Republic of Kenya with honour, diligence, and unwavering fidelity to the Constitution.
This new week, where the legs of man can’t go, Grace will carry us there. Where the hands of men can’t reach, God’s favor will speak for us. May we be fruitful.
Not to sound delusional, but please pray for grace. Life isn't really about hard work. It's more about meeting the right people, grace, mercy, and favour.
Ketepa wishes to remind the public that section 1 of the Love Languages Code - aka the gifting of Ketepa Tea bags in decorative and romantic bouquet displays during this month of love is an enshrined freedom that all Kenyans across all walks can engage in without fear of interdiction.
Signed - Ketepa Cabinet Secretary for Love Affairs 😘
Safaricom has rolled out a new feature called Shiriki Pay that lets you give someone direct access to spend from your M-PESA wallet.
Here are more details about the new feature
Thread below;
instead of supporting mental health care thereby violating Article 43 of the Constitution (right to health).
This is markedly a shift from punishment to compassion.
Your thoughts? /2
#TalktousThursday#LawReformKE#MentalHealthKE
⚖️ JLAC has approved the Penal Code (Amendment) Bill, 2024, which proposes repeal of section 226 of the Penal Code, which criminalises attempted suicide.
In 2025, the High Court found the law unconstitutional for punishing survivors... /1
The President has reaffirmed KLRC’s role in reviewing and aligning existing laws and supporting the development of legislation that protects the rights of all communities. #ProgressiveLawReform#MinorityDay2025#InclusiveLaws
As a statutory body mandated to review, reform and recommend laws to ensure they are modern, relevant and responsive to the needs of Kenyan society, the Kenya Law Reform Commission remains committed to inclusive law-making. Video courtesy of NTV. #MinoritiesRightsDay