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Creation of Offices of Advisors to the President Without PSC’s Substantive Recommendation, Public Participation, and Fiscal Analysis Declared Unconstitutional
Public Service Commission’s Mandate under Article 234 of the Constitution Affirmed Against Usurpation by the State Corporations Advisory Committee through Unlawful Interference in Human Resource Governance and the Attorney-General’s Advisory Opinion
Resignation or defection from a sponsoring political party by a Governor or Deputy Governor does not result in automatic vacation of office
Compensation for unfair termination was not subject to some statutory deductions like Housing Levy and Social Health Insurance Fund, since such levies are tied to ongoing employment and payroll systems.
Payment below statutory minimum wages constitutes unlawful underpayment and entitles an employee to recover wage arrears under Regulation of Wages Orders
Delimitation of electoral boundaries is a constitutional function that can only be performed by a properly constituted IEBC, and lapses of timelines under Article 89 can only be addressed through parliamentary initiatives

Background The Independent Electoral and Boundaries Commission (IEBC) filed a reference on 4 July 2024 seeking an advisory opinion under Article 163(6) of the Constitution. At the time, IEBC had no Chairperson or Commissioners, the last having exited after the 2022 General Election. The Commission was only reconstituted on 11 July 2025. ...

The State should recognize the constitutional rights of transgenders in Kenya
Capital Gains Tax (CGT) becomes due when the shares are sold and paid for, not when the transaction is later stamped

Haria v Commissioner of Domestic Taxes [2025] KEHC 11504 (KLR)

Child born of a Kenyan citizen married to a non-Kenya(Refugee) automatically acquired a Kenyan citizenship by birth

The petitioner brought a petition on the grounds that there are serious violations or threats to violation of fundamental rights occasioned by the respondents in relation to children born in Kenya parent and the other a Refugee parent ....

The ODPP has a discretion to convert a prosecution witness into an accused person

The Supreme Court in its mandate to interpret the Constitution under Article 163(4)(a) held that the ODPP had power and discretion to transpose a prosecution witness to be charged as an accused person as far as the decision was procedurally fair, constitutional compliant and free of abuse of process

Frequently Asked Questions (FAQs) On Anonymization
Frequently Asked Questions (FAQs) On Anonymization
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