Daniel & Kenneth Advocates LLP August 2025 Newsletter features detailed case analysis of six (6) carefully selected recent superior courts decision which have broad implications for businesses, policy and decision-makers and the public at large:-
1. The Burden of Fair Administrative Action: Riungu v CMA
The High Court ruled that the Capital Markets Authority (CMA) violated Article 47 of Kenya’s Constitution by failing to act expeditiously on a finance professional’s license renewal application. The judgment clarifies that administrative bodies must provide timely decisions or justify delays, even where statutory timelines are absent.
2. Revision of Sentencing: Kabaiko v Republic
The court upheld a life sentence for defilement, rejecting the petitioner’s plea for reduction based on rehabilitation. The ruling underscores that “new and compelling evidence” under Article 50(6) requires material proof, not just personal reform.
3. Recognition of Descendants’ Interests: Estate of Margaret Muthoni Chokwe
Grandchildren successfully proved their deceased grandmother held property in trust for them. The court affirmed trusteeship principles and dismissed claims based on an unproven oral will, ordering estate redistribution.
4. Illegal Interest Rates: Timba v Housing Finance Company
A bank’s enforcement of a 29% interest rate—exceeding the statutory 19% cap—was declared illegal and unconscionable. The court voided the excess charges and awarded damages, reinforcing borrower protections.
5. Informal Charges in Land Law: CIB Kenya v Azofco
The High Court ruled that merely depositing a title deed does not create an enforceable informal charge. Lenders must prove clear intent to secure a debt under Section 79 of the Land Act.
6. Digital Privacy Win: IMEI Registration Case
The court blocked a government directive mandating IMEI registration, citing unconstitutional privacy violations and lack of legal basis. The ruling safeguards against unchecked state surveillance.
Download and Read the full Daniel & Kenneth Advocates LLP August Newsletter here.
