High Court Issues Orders on the Implementation of the National Infrastructure Fund:
The High Court has delivered a major ruling in favour of public accountability, placing the newly operationalised National Infrastructure Fund, 2026, under strict judicial and financial observation, following a petition and application by Katiba Institute.
In a ruling delivered this morning, Hon. Lady Justice Patriciah Nyaundi, SC, affirmed that the constitutional challenges raised by Katiba Institute against the National Infrastructure Fund Act, 2026, are weighty, arguable, and deserve a full hearing on their merits. Recognising the risk of unchecked government spending while the case is pending, the Court agreed that immediate intervention was necessary to ensure the Petition, and its sought reliefs are not rendered meaningless.
While Katiba Institute had applied to temporarily halt the implementation of the National Infrastructure Fund Act, 2026 in its entirety, Justice Nyaundi determined that a targeted, less intrusive order would better serve the public interest. The Court permitted the operationalisation of the Act to proceed but committed the National Treasury to mandatory transparency requirements intended to enforce strict constitutional compliance.
.@hp_gichana .@NoraMbagathi
YOU Looked for us? Intimidation Won’t Stop Us.
On 2 July 2026, TISA offices were subjected to what appeared to be a coordinated surveillance operation involving three heavily tinted Subarus and multiple unidentified men.
1.(Dark Grey Subaru): Carried five heavily built men. They attempted to gain access to the compound claiming they were there to see a lawyer, but couldn't name a contact person.
2.(Light Grey Subaru): Carried four men dressed in black, acting as immediate backup.
3.(Green Subaru): Acted as a third perimeter vehicle driving past slowly minutes later.
When challenged by security, they could not explain who they had come to see, rolled up their windows to conceal their identities, and drove away.
If the intention was to intimidate us, you failed.
If the intention was to remain covert, you failed even more.
We will not retreat, blink, or compromise. No amount of surveillance or intimidation will deter us from defending the public interest, tracking public resources, and demanding accountability.
To those behind these theatrics: Kwani si hufanya? Si hufanya nini kwani?
And we will continue to declare, loudly and consistently: Kenyans must gain budget literacy. An informed citizen is the strongest safeguard against corruption, impunity, and economic injustice!
There is enough evidence showing police officers acted in defiance of court orders that prohibited officers from concealing their identities during operations.
This is a police officer wearing a boda boda reflector jacket while caning people they perceived to be protesters in Githurai.
If we do not speak out and call this out, officers under the command of Inspector General Douglas Kanja and Interior CS Kipchumba Murkomen will keep laying the groundwork for worse violations.
This was the same script in Kisumu in 2017, where police used excessive force against residents. Years later, the same officers are challenging the principle of command responsibility when they are taken to court.
It is this pattern of police excesses that led to the deaths of Baby Pendo, Albert Ojwang, Rex Masai, and many others whose stories the state now seeks to close through compensation presented as reparations.
Journalists like @Otiende_Malik are already documenting these incidents. The rest of us have a responsibility to preserve evidence, speak out, and refuse to let the truth be erased.
As Kenyans gathered in peaceful processions to honor the memories of those who lost their lives during the June 2024 Finance Bill protests, the National Police Service (NPS) once again chose to defy the rule of law. Despite clear assurances from the Interior Ministry that it would be "business as usual," heavily armed police erected unannounced barricades across major public roads leading into Nairobi’s Central Business District.
In response to this blatant disregard for the judiciary, Katiba Institute has formally filed a contempt of court application seeking to hold Inspector-General of Police accountable for violating standing court orders.
Read Full Statement: https://t.co/ftWxqg2GFJ
Application: https://t.co/eBFWhboLsD
Court Update:
The High Court has granted conservatory orders restraining the Government from establishing, operationalising, facilitating, approving, or permitting any Ebola quarantine, isolation, exposure, or treatment facility in Kenya pursuant to the challenged arrangement with the United States or any other foreign government pending the hearing and determination of the petition.
The Court has further prohibited the admission into, transfer to, receipt within, or facilitation of entry into Kenya of persons exposed to or infected with Ebola under the challenged arrangement.
The Court has also compelled the Respondents to disclose all agreements, negotiations, approvals, risk assessments, and operational protocols relating to the proposed facility and arrangement within 7 days.
These orders maintain the current state of affairs, prevent irreversible actions from being taken before constitutional scrutiny, and ensure transparency and public accountability in a matter raising significant concerns about public health, sovereignty, and constitutional governance.
.@joshuamalidzo .@NoraMbagathi
We have formally notified the U.S. State Department and the Department of Health of binding interim conservatory orders issued by the High Court of Kenya on 28 May 2026, which immediately halt the proposed establishment of any U.S.-backed Ebola exposure, quarantine, isolation, or treatment facility within Kenyan borders.
Orders granted!
The Court certified the application as urgent and granted interim conservatory orders restraining the Respondents from establishing, operationalising, approving, or facilitating any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any arrangement with the United States or any other foreign government or agency, pending the hearing of the application.
The Court further barred the Respondents from admitting into, transferring to, receiving within, or facilitating the entry into Kenya of any persons exposed to or infected with Ebola pursuant to the impugned arrangement.
The matter is scheduled for mention on 2nd June 2026 for further directions.
Katiba Institute Files a Petition Challenging the Proposed Establishment of Ebola Quarantine and Treatment Facilities in Kenya:
Katiba Institute is challenging the proposed establishment of a quarantine facility for American citizens exposed to Ebola and other highly infectious diseases in Kenya. The petition, through Counsel @joshuamalidzo, has been filed under a certificate of urgency. It is brought against the Attorney-General, (1st Respondent) and the Cabinet Secretary for the Ministry of Health (2nd Respondent).
To ensure transparency, accountability, and court oversight before a final determination is made, KI is asking the Court to urgently:
Halt Facility Operations: Restrain the Respondents from establishing, operationalising, or approving any Ebola quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign governments, pending the hearing and determination of the matter.
Prevent Entry of Exposed Persons: Bar the Respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of any individuals exposed or infected with Ebola under the impugned arrangement.
Compel Contingency Planning: Require the Cabinet Secretary for Health to prepare and present to the Court, within 24 hours, a comprehensive contingency plan detailing Kenya’s preparedness measures for the prevention, surveillance, control, and response to any potential Ebola outbreak.
Mandate Full Disclosure: Compel the Respondents to disclose to KI and the public the full terms for any arrangements or negotiations regarding the proposed facility. This includes all related public health, environmental, biosafety, or security assessments; regulatory and parliamentary approvals; and the specific protocols for the admission and treatment of exposed persons.
The case affirms that even in matters of diplomacy and public health, the Constitution remains supreme and binding on all State organs. The secretive, unilateral establishment of an Ebola quarantine facility raises grave constitutional concerns regarding the rights to life, health, fair administrative action, public participation, and parliamentary oversight.
“KI is asking the Court to determine whether the Executive can expose the public to such significant risks without complying with constitutional safeguards. At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya.”
- @NoraMbagathi , Executive Director, Katiba Institute.
Get more details about the Petition via https://t.co/PMKnNFStbv
Question:
Who bears the cost when accountability, transparency, and responsible public financial management are weakened?
Answer:
Ordinary citizens, who continue to carry the burden long after leaders leave office.
#AccountableGovernance#TermLimits#PublicDebtAccountability
AI-driven Social Health Authority (SHA) was sold to us as a revolution in healthcare financing. However, the algorithm overcharges the poorest Kenyans while undercharging the wealthy. A single mother earning Ksh 3,500/month is now billed Ksh 1,030 for health cover. That is digital poverty extraction.
At the same time, yesterday’s Daily Nation cover story on the politics of motherhood reminds us that women, especially poor and working-class mothers, already carry the invisible burden of sustaining families, communities and the economy through unpaid care work, sacrifice and survival. Yet instead of easing that burden, the system is now digitising it. A mother struggling to put food on the table is reduced to an affordability score by an opaque algorithm that cannot measure exhaustion, caregiving, vulnerability or survival.
Many reports flagged this system as flawed and inequitable before it was even launched. The Government chose to proceed anyway. Today, only 5 million of 22 million registered members pay regularly and Kenyans are dying because they cannot afford to walk into a facility.
Technology should serve human dignity. This one entrenches inequality and calls it algorithmic neutrality. The poor are not data points. They are Kenyans who deserve better healthcare.
Hello good people. I plan to #TukoKadi to all parts of the country.
So I know many people didn’t get the chance to join us tomorrow.
But be ready our next location is still Nairobi and that means tuko na shugli inahitaji mbogi Tena.
Kama you didn’t get a chance, please be ready with your ID card.
Next week tuko ground tunazoza. Remember, you can register to vote anywhere and vote anywhere.
BIG WIN FOR KENYANS! 📷 The Court of Appeal has STRUCK DOWN Sections 22 & 23 of the Computer Misuse and Cybercrimes Act. The vague provisions criminalised "false" & "misleading" data and reintroduced criminal defamation that I participated in striking out. I've opposed this law since 2018.
COA agreed they're too broad, "akin to unguided missiles," & likely to net innocent citizens. Fines up to 5M/10 yrs prison gone for those provisions!
BUT heavy disappointment: Section 27 on cyber-harassment was UPHELD despite its dangerously vague language—criminalising speech "likely to cause apprehension or fear", or that's "grossly offensive" and proceeds to impose a punitive and disproportionate fine of 10M/20yrs.
We're not giving up—next stop, Supreme Court! The fight to protect Article 33 freedoms continues. #FreeSpeechKenya #BAKE #CybercrimesAct #Kenya
Press Statement:
Corruption is on the rise across Sub-Saharan Africa.
Kenya has dropped in the 2025 Corruption Perceptions Index, scoring 30/100.
🔴 Sub-Saharan Africa remains the lowest-performing region globally
🔴 Only 4 of 49 countries score above 50
🔴 Mismanagement of public funds points to a crisis of political integrity
🔴Ten of the 49 countries in the region have significantly worsened since 2012
🔴Only seven countries have improved in the same period (2012-2024)
👉 Read the TI-Kenya statement https://t.co/PBV4m5CUf6
#CPI2025
💡Did you know you can track public funds, monitor development projects, submit reports, and follow up on accountability cases all from your phone?
Through the Action for Transparency (A4T) App, citizens, CSOs, and journalists are empowered to practice whistleblowing in a safe space, anonymously expose corruption, and follow up on accountability cases, putting transparency in the hands of the public.
This app lets you:
1⃣. Track budgetary allocation and funds utilization for projects and institutions covered under A4T project.
2⃣. Allow submission of reports/cases by the public.
3⃣. Track already submitted reports/cases.
4⃣. Showcase all digital platforms within TI-Kenya ecosystem.
5⃣. Track past and ongoing activities under the A4T project.
Get started today! You can download the app from Google Play Store and App Store, or access the platform via the link below👇
🌐 https://t.co/ZHEdbbxD04
#TupiganeNaUfisadi
@KAS_Kenya@EUinKenya@TISAKenya@a4tkenya
🚨: PRESS STATEMENT BY CIVIL SOCIETY ORGANISATIONS ON THE JUDGMENT IN PRESIDENTIAL ADVISORS CASE
@TIKenya joins civil society partners in affirming the judgment delivered in Petition No. E317 of 2025 where the High Court found that the creation of the Presidential Advisors’ offices and the related appointments were not supported by any clear constitutional or legal framework, and that the process did not follow the role of the Public Service Commission.
We therefore urge the State to respect the rule of law by adhering fully to court rulings, safeguarding the separation of powers, and ensuring that judicial decisions are implemented without intimidation, interference, or delay.
@nisisikenya@thekhrc@ICJKenya@TISAKenya@DefendersKE@katibainstitute
The 3rd Annual Media-CSO Conference (Festival Edition) is happening this week in Nairobi under the theme: Media and Civil Society as Guardians of Kenya's Democratic Space.
The event brings together journalists, editors, and civil society actors from both county and national levels, media regulators, tech innovators, mental health advocates, legislators from both the county and national levels, independent offices, and constitutional commissions.
#MediaCSOConference3 #The4thEstate #Media #CivilSociety
JOINT STATEMENT: As patriotic Kenyans, Pan Africanists and human rights defenders we are deeply alarmed by the growing pattern of arbitrary arrests and trumped-up charges targeting innocent youth, and anyone who dares to speak out in Kenya.
What began as targeted persecution of young protesters demanding accountability has metastasized into a full-scale assault on Kenya's democracy.
🧵