Laws on public behaviour and etiquette most Kenyans are ignorant about

Danstan Omari has seen enough courtrooms to know that most Kenyans are walking around breaking the law without the slightest idea they are doing it.

The lawyer, who runs his practice at Danstan Omari and Associates Advocates in Westlands, Nairobi, is not talking about robbery or fraud. He is talking about spitting on the pavement. Kissing at a bus stop. Yelling across a street market. Things that feel completely ordinary but sit squarely within the reach of Kenyan law.

He is clear from the start about what the law is actually for. ‘The law was never designed to follow people into their private lives,’ he says. ‘It exists to manage behaviour that affects other people.’

The moment what you do in public touches someone else, whether their health, their safety, or their comfort, the law has every right to step in. Everything else, what you do in your house and your private space, is yours entirely.

What many Kenyans do not realise is that this regulation happens at a very local level. Kenya has 47 counties and each one of them has its own bylaws governing everyday public behaviour.

These are not national laws debated in Parliament. They are county-level rules that speak directly to how people conduct themselves within specific boundaries.

Spitting, dressing, noise, public display of affection, food hygiene, all of it falls under these bylaws. And Mr Omari says most Kenyans have never heard of them.

‘That ignorance is exactly why enforcement fails,’ he says, ‘and why corruption thrives in its place.’

He starts with something as basic as spitting. The law does not regulate it because it is unpleasant to watch. It regulates it because the person spitting might be carrying a disease that can spread to every person who walks past that spot.

‘If you must spit,’ Mr. Omari explains, ‘the law requires that you cover your mouth or use a handkerchief.’ It is not about manners. It is about the person walking behind you who has no idea what they are about to step into.

Noise follows the same reasoning. People assume that screaming or yelling in a public space is harmless, just someone being loud. But he explains that the streets of any Kenyan town are full of people carrying invisible burdens, trauma survivors, people with medical conditions, people with severe anxiety. ‘Sudden loud noise can trigger panic,’ he says.

‘It can cause stampedes. It can endanger lives.’ The law is not silencing anyone. It is protecting the people who share that space with you.

Public displays of affection are another area on the spot where people often feel the law is overstepping. Mr Omari disagrees. ‘The law does not regulate who you love or how you love them,’ he says.

‘It regulates where.’ A couple kissing or being physically intimate in a shared public space is surrounded by children, elderly people, and strangers who have not agreed to be part of that moment. The space belongs to everyone, and that changes what is acceptable within it.

Dressing is perhaps the most argued point. People feel their clothing is entirely their own business, and he does not completely disagree. But he explains that the law uses a specific standard to decide when dressing becomes a public matter.

‘The measure is the ordinary person on the street,’ he says. ‘If the majority of ordinary people would find your dressing offensive or harmful to public order, the law can act.’ It is not about one person’s opinion. It is about the shared experience of a community moving through the same space.

Now comes the part most Kenyans would find shocking. When asked what the actual penalties are for breaking these bylaws, the answer is almost embarrassingly small. ‘The minimum fine is Sh50,’ he says, ‘and the maximum is Sh100.’ These are petty offences and they are not handled anywhere near a criminal court. County courts and city courts deal with them specifically.

‘For someone who cannot afford to pay, the consequence is jail time of between one and seven days, or a community service order requiring them to report and clean public premises until the penalty is considered served.’

The catch, Mr Omari explains, is that those fines have not been reviewed since the 1970s. And because most Kenyans have no idea the fines are that law, Kanjo enforcement officers have made a business out of that ignorance.

‘Someone gets arrested for kissing on the street,’ Mr Omari says, ‘and they panic. They do not know the fine is Sh50, so they negotiate and end up paying a few thousand shillings or more just to be released.’ He calls it exactly what it is. Corruption. And it works because the public has never been told what the law actually says.

He is also candid about the Kanjo officers themselves. Many of them, he says, were employed for their physical presence and their ability to be forceful, not for their understanding of the law. Some of them do not know the fines any better than the people they are arresting. ‘When someone who actually knows the law stands their ground,’ he says, ‘the officers walk away. Because the case is not worth pursuing.’

When the conversation moves to sexual offences, the tone shifts entirely. ‘This is no longer the territory of a Sh50 fines. Sexual harassment carries a fine of over Sh20,000 and a prison sentence of 20 years and above. Rape is between 25 years and life imprisonment. Indecent assault, which covers any unwanted touching of another person’s body, carries a sentence of around 15 years.’ Explains Mr Omari.

And for anyone convicted of a sexual offence, the consequences follow them permanently. They are entered into a register that bars them from receiving a certificate of good conduct and from obtaining a visa to travel anywhere. ‘The record is permanent,’ says Mr Omari.

Assault and wife battery sit in the same serious category. The law does not soften because the victim is a spouse. ‘Causing grievous bodily harm to anyone, a wife, a child, a workmate, can carry a sentence up to life imprisonment,’ he says. ‘The defence that this is your wife carries absolutely no weight in law.’

But laws alone, he argues, are not the answer. Kenya does not need more legislation targeting offenders. What it needs is a legal framework that holds officials accountable when they look the other way. ‘A chief who ignores a rape report, a police officer who throws a domestic violence case aside, a judge who fails to protect, none of them face any legal consequence for that failure,’ says Mr. Omari.

And until that changes, he believes nothing else will. ‘Until accountability reaches the enforcers,’ he says, ‘nothing changes on the ground.’

How Stephen Ogweno lost 50 kilos and became a leading obesity advocate

Stephen Ogweno spent his childhood carrying a weight no one around him fully understood, not even himself. While his peers ran and played freely, he struggled with obesity, a condition that quietly shaped every part of his early life.

Relatives who picked the young Stephen up always had something to say about his size.

‘I was heavier than my peers. Around Class Seven was when I first realised my weight was a concern,’ says Stephen.

At the time, he weighed about 50 kilograms, while most boys his age averaged closer to 30 kilograms. As his classmates entered adolescence, proudly showing off broader shoulders and muscles, Stephen felt left behind.

‘My agemates were undergoing adolescence, and their shoulders were broadening. They would showcase their muscles when all I had was a mass of fat. I was not developing masculine features yet al my peers were,’ he recalls.

‘The stigma and discrimination from my peers really affected my self-perception, but I found solace in beating them at schoolwork.’

As early as Class Four, his body began showing signs of distress. He developed gastro-oesophageal reflux disease (GERD) and severe tooth decay, both conditions linked to obesity.

‘That was when I knew that beyond appearance, my weight was beginning to affect my health,’ says the 30-year-old.

At his heaviest, Stephen weighed around 120 kilograms. At his lightest as an adult, he dropped to 74 kilograms, yet even then, his Body Mass Index still fell within the overweight or Obesity Class One range. Altogether, he has shed over 50 kilograms, a journey he describes as anything but linear.

‘Obesity is influenced by many factors, including lifestyle, environment, stress, biology, and access to healthcare.’

His turning point came in university, where he embraced a more structured lifestyle and a consistent exercise routine. He took up several sports, handball and rugby among them, but resistance training made the most significant difference.

‘While I sometimes gained weight during training, my body composition changed significantly with more muscle and less fat,’ he explains.

‘My family hardly regarded obesity as a sickness. Rather, they considered me healthy. They didn’t accept that I had GERD. They thought the constant regurgitation of food was a distasteful act I pulled for fun. I could get continuously nauseated and would not even sleep in certain positions.’

Those experiences eventually shaped his career in population health. In 2016, he moved into public health, championing awareness of non-communicable diseases such as cancer and diabetes through community health programmes across Africa through his organisation, Stowelink Foundation. He also serves as a board member of the World Obesity Federation, which focuses on representing scientific, medical and research on obesity.

Over the years, Stephen experimented with various eating approaches, including vegan diets, though some left him feeling bloated. One of the most effective was a long-term carnivore-style diet centred on high protein intake.

‘Combining high protein intake with resistance training helped improve my body composition significantly,’ he says.

In time, he evolved towards what he calls a modified carnivore approach, reintroducing vegetables and broadening his dietary variety. That balance, he says, helped him reduce body fat, improve satiety, and better manage his overall health.

Still, he cautions against reducing weight loss to a single nutrient.

‘Weight loss is a metabolic symphony involving calories, hormones, and lifestyle,’ he says.

For him, the most effective routine combined high protein intake with intense resistance training and regular physical activity.

‘I focused heavily on strength and weight-based exercises,’ he explains. ‘Building muscle helped improve my metabolism, fitness, and overall body composition.’

He also notes that while men may consume larger absolute amounts of protein due to greater muscle mass, the most reliable guide remains protein intake per kilogram of body weight.

One of the biggest misconceptions around high-protein diets, he says, is the assumption that they revolve around extreme ‘bodybuilder meals’.

‘I focused on balance and sustainability rather than extremes,’ he says.

Over time, he paired protein with vegetables, paid closer attention to portion sizes, and widened his dietary variety. He recommends prioritising lean, minimally processed protein sources. Plant-based options such as lentils, chickpeas, and beans offer added fibre that supports weight loss, while fish, poultry, and eggs are preferable to processed meats like sausages and deli cuts, which tend to be high in sodium and saturated fat.

‘The goal was not just weight loss, but building a healthier long-term lifestyle that I could realistically maintain,’ he says.

Even so, he reminds people that protein is not exempt from basic nutritional rules.

‘At the end of the day, protein still has four calories per gram. If you eat protein in excess of your daily energy needs, your body will store that excess energy as fat,’ he says, adding that there is no specific amount on a plate that can be equated, as people use different sizes of plates depending on the specific type of protein. For example, the concentration of protein in beef is higher than that of beans, though both are proteins.

He also warns that excessive protein without adequate fibre can trigger constipation, bloating, and sluggishness. Other signs of overconsumption may include dehydration; foamy urine linked to kidney stress; chronic constipation; fatigue; and hair loss, the result of neglecting fruits, vegetables, and healthy fats.

Protein’s role in appetite regulation is another reason many find it useful during weight loss.

‘Protein suppresses ghrelin, the hormone responsible for hunger, while boosting the fullness hormone,’ he explains. ‘Your body also uses more energy to digest protein than fats or carbohydrates, a process known as the thermic effect of food.’

Dr Nicola Okech, a physician, endocrinologist and obesity medicine specialist at Uzwena Health, agrees that protein plays a crucial role in both weight loss and long-term weight maintenance, primarily because it helps preserve muscle mass.

‘Muscle burns fat even when not active,’ she says. ‘The more muscle one builds, the more weight is lost.’

She cautions, however, that protein intake should always be individualised and guided by a doctor and a dietitian, as conditions like kidney disease may prohibit large ingestion. An average adult’s daily need for protein is 0.8 to 1.2 grams per kilogram of ideal body weight. For weight loss, this increases up to 1.8 grams per kilogram of ideal body weight.’

She also stresses that muscle health goes beyond aesthetics.

‘Muscle is important for strength and bone health. These reduce frailty and the likelihood of falls and injuries.’

Dr Okech advises people to pay close attention to the type of protein they consume. Plant proteins carry carbohydrates alongside protein, making them especially relevant for people managing diabetes. Animal proteins, particularly red meat, may raise cholesterol levels depending on an individual’s baseline health.

While low-carbohydrate diets remain popular, she warns against cutting them out entirely.

‘Cutting carbohydrates is not sustainable in the long run. The body still needs carbs as a source of immediate fuel. What is important is the quality and quantity of the carbohydrate.’

She encourages people to focus more on complex carbohydrates and limit highly processed sources.

Dr Okech also cautions that those who lose weight without sufficient protein risk losing muscle mass in the process, an outcome she considers dangerous.

‘Even patients undergoing bariatric surgery must pay close attention to protein intake.’

She points to sarcopenic obesity, a condition in which a person may appear to be at a normal weight while carrying very little muscle relative to fat.

‘This must be monitored during weight management to prevent muscle loss, which inevitably occurs during weight loss but can be counteracted by increasing protein intake and focusing on strength and resistance training,’ she says.

For Stephen, the change has gone beyond what the scale shows. His mood, mental well-being, and confidence have all improved alongside his health.

‘I feel healthier, lighter, and physically fitter than before,’ he adds.

KPC directors divided over Uganda role in CEO hiring

Cracks are emerging in the boardroom of Kenya Pipeline Company (KPC) over whether the firm should have initiated the recruitment of a new managing director without a fully reconstituted board that includes Uganda’s representatives.

KPC’s board last week put out an advertisement seeking to recruit a managing director following the resignation of Joe Sang, just weeks after the company’s shares started trading on the Nairobi Securities Exchange (NSE).

Mr Sang left amid a fuel scandal that saw three senior public officials step down. The company’s chief finance officer, Pius Mwendwa, is the acting managing director.

However, a section of the board warned the largely Kenyan boardroom against beginning the process of replacing Mr Sang, noting that such a move would be against the revised articles of association.

The articles were revised in the middle of KPC’s initial public offering (IPO), which ran from January 19 to February 24, when the offer struggled to meet fundraising targets for the government’s 65 percent stake sale.

Under the revised articles, Kenya gave Uganda concessions, including two board seats in the firm after the neighbouring country threatened to walk away from the IPO because of lack of authority in the running of the firm.

Uganda also got the right to veto future hiring and firing of the firm’s CEO.

Five of KPC board members expressed discomfort in proceeding with the hiring of the CEO before Uganda’s representatives are appointed as directors, said a member of board who spoke on condition of anonymity.

The Business Daily has seen correspondence of the full board, chaired by Faith Bett Boinnett, where part of the minutes indicates that nothing stops the board from initiating the hiring of the CEO, noting that Uganda’s directors will have their say once they join later.

Ms Boinnett did not respond to our questions on whether or not the advertisement was legal and procedural.

The Treasury had also not responded to our questions on whether it was consulted before the advert went out.

It is a move that has incensed Uganda, as it expected its input on the hiring process to be sought.

Besides the approval of a director appointed by Uganda, the revised memorandum of association also requires that the recruitment of KPC’s CEO, as well as any redundancy exercise, receive the nod the Cabinet Secretary for the National Treasury (CST).

‘So long as the CST and GoU are eligible to nominate a CST director and a GoU director respectively, the following matters shall require the approval of a CST director and a GoU director:…(a) the appointment of the managing director,’ reads Section 21 of the memorandum of association.

The section adds that the two directors should also be involved in ‘the appointment or removal of the chief executive officer, where such office is distinct from that of the managing director.’

Following the IPO, which saw the Kenyan government offload a 35 percent stake in KPC, with Uganda playing a major role in the success of the sale by snapping up shares worth Sh20 billion, the petroleum logistics firm was converted into a publicly listed company and is now governed by a revised memorandum of association.

However, Uganda is yet to be invited to the board despite having notified Kenya of its representatives, said a source at KPC.

KPC stopped being a government-owned entity on April 22, after it officially converted into a public limited company (Plc) through a gazette notice. This means that the board as presently constituted does not represent the new shareholders as they were all appointed by the Kenyan government, said a source.

The Kenyan government sold a 65 percent stake in the pipeline company, raising Sh106.3 billion in what made the transaction country’s first major IPO in nearly two decades. The government retained a 35 percent stake.

Other Kenyan and regional institutional investors had a combined 20.85 percent shareholding while KPC employees have five percent.

Uganda, through Uganda National Oil Company (UNOC), emerged as the single-largest non-government shareholder after acquiring a 20.15 percent strategic stake worth about Sh20 billion.

‘The board therefore lacks the mandate to transact any business, to make any decisions or make any approvals because they are in office illegally and contrary to the memorandum and articles of association of the company,’ said the source, adding that all the decisions made after the gazette notice are illegal and null and void.

It has also emerged that the representative from the Attorney-General’s office, who would have guided the board on the law, has since been dropped, leaving five independent directors with an outsized role in driving the recruitment of KPC’s first post-IPO CEO.

KPC has also announced the exit of some executives in a major reshuffle of the firm’s leadership following its listing on the Nairobi bourse.

Uganda will invest and hold a strategic stake in KPC through UNOC, the state-owned oil company that imports fuel to the landlocked Uganda.

The country says its participation in the IPO was a deliberate strategic decision aimed at strengthening regional energy co-operation and safeguarding national interests.

The push for Kampala’s bigger say in KPC affairs comes less than two years after Kenya allowed the landlocked country’s state oil firm to import petroleum products through its port of Mombasa, ending a row between the two neighbours.

Musk’s X given three months to open Nairobi office

Kenya has given X owner Elon Musk a three-month ultimatum to establish a local office in the country, in a move aimed at tightening regulation and improving oversight of the platform’s operations.

The government has warned that it could suspend X if the directive is not met.

The State says the requirement is intended to curb rising cases of cyberbullying, deepfakes, and the spread of sexually explicit content online. ICT Cabinet Secretary William Kabogo said Kenya is stepping up pressure on global technology companies to comply with local laws and accountability standards.

‘For Elon Musk’s platform (X), we have given them temporary operating licences on condition that in the next three months, they must have an office in Kenya,’ Mr Kabogo told the Senate. ‘They must operate subject to our local laws.’

He added that the same approach is being applied to other tech giants such as Meta and TikTok, arguing that local offices would ensure faster response to complaints and enforcement of regulations.

Lawmakers have raised concern over increasing online harassment, cyberbullying, and a surge in AI-generated manipulated media, commonly referred to as deepfakes.

They also cited the spread of sexually explicit content on social media platforms as a growing risk, especially for young users. Kabogo warned that the Communications Authority (CA) would take action against platforms that breach Kenyan regulations, including suspension of services where necessary.

The directive places Kenya in a direct regulatory standoff with Musk, whose estimated fortune of about $826 billion (approximately Sh105.8 trillion) far exceeds Kenya’s annual economic output.

X is owned by Musk’s artificial intelligence firm xAI, while his aerospace company SpaceX controls Starlink, which is already licensed in Kenya as an internet service provider.

Starlink has rapidly expanded in the country since 2023, offering satellite internet services that have disrupted the telecoms market. It has also partnered with local operators such as Safaricom and Airtel to improve rural connectivity and expand coverage.

In addition to its ISP licence, Starlink has received temporary approvals from the Communications Authority to test direct-to-cell satellite connectivity in partnership with Airtel. However, it remains unclear whether Kabogo’s remarks relate to these approvals or broader licensing conditions for tech companies operating in Kenya.

Kenya’s push mirrors earlier regulatory actions against TikTok, which in 2023 agreed to establish a Nairobi office after parliamentary pressure over explicit content concerns. Lawmakers had initially pushed for a ban but later settled on stricter content moderation and compliance requirements.

Unlike TikTok, X does not currently have an office in Africa. Musk closed Twitter’s Ghana office after acquiring the platform in 2022, as part of global cost-cutting measures. However, X later established a legal presence in Nigeria following regulatory pressure linked to a seven-month suspension of the platform in that country.

Flagship Hustler Fund gets zero budget for the first time

When President William Ruto launched the Hustler Fund barely two months after taking office in 2022, he presented it as a financial revolution meant to free millions of small traders from shylocks and punitive digital lenders.

The President spoke passionately about boda boda riders, market traders or mama mbogas, and small entrepreneurs trapped in cycles of expensive debt and economic vulnerability.

He promised a new economic order built around affordable credit, savings and dignity for ordinary Kenyans struggling at the bottom of the economic pyramid.

‘We are establishing a culture of saving, investment and social security,’ Dr Ruto said at the launch of the programme in November 2022, describing the fund as the cornerstone of his bottom-up economic model.

Less than four years later, the National Treasury has quietly begun withdrawing taxpayer support from the flagship programme, signalling a policy shift within the Kenya Kwanza administration.

Development budget estimates tabled in Parliament show the government has allocated zero shillings to the Financial Inclusion Fund, popularly known as the Hustler Fund, in the next fiscal year starting July, a situation projected to persist in budget cycles thereafter.

The decision marks a turn for one of the most politically symbolic projects of Dr Ruto’s presidency.

The fund was allocated Sh20 billion in its launch year, but this was scaled down to Sh5 billion during its first full budget year in 2023/24, followed by Sh2 billion in 2024/25 and a sharply reduced Sh300 million allocation in the current financial year ending in June.

The budget allocations are ending before the government fulfils even half of the Sh50 billion President Ruto pledged to inject into the programme when he assumed office. Official records show the Exchequer had released only Sh14.8 billion to the fund by June 2025.

The shortfall highlights the growing strain between the political ambition behind the programme and the reality of increasingly constrained public finances.

Treasury officials insist the move does not amount to abandonment of the fund, arguing it was always designed to operate as a revolving facility financed by loan repayments rather than endless taxpayer injections.

Albert Mwenda, the director-general for budget, fiscal and economic affairs at the National Treasury, defended the removal of funding on Friday.

‘Given the initial capital, the fund is adequately funded at the current uptake of loans. Please note that it was intended to be a revolving fund,’ Mr Mwenda said.

His explanation reflects a shift taking shape within government as pressure mounts on the Treasury to contain spending amid rising debt servicing obligations and growing fiscal strain. As the Hustler Fund is losing direct budget support, another youth-focused programme is rapidly gaining prominence within Treasury spending plans.

Budget allocations to the World Bank-backed National Youth Opportunities Towards Advancement programme, popularly known as NYOTA, have been retained, suggesting the government is pivoting from direct lending towards job creation, skills development and enterprise support.

NYOTA has been allocated Sh4.78 billion in the current financial year, and will get Sh1.6 billion in next fiscal year 2026/27 and Sh2.65 billion in each of the following two years.

The contrasting budget paths paint the picture of a government recalibrating its approach to economic empowerment for young people and informal sector workers.

When the Hustler Fund was launched, the programme was designed around simplicity and speed. Borrowers have access to unsecured mobile loans at an annualised interest rate of eight percent repayable within 14 days. Late repayment attracted a higher annualised rate of 9.5 percent.

The programme initially targeted low-income Kenyans who had historically struggled to secure loans from banks because of lack of collateral, formal employment or credit history.

Former Treasury Cabinet Secretary Njuguna Ndung’u defended the initiative in its early days as an intervention aimed at correcting structural failures within the financial system.

‘The Hustler Fund is an instrument to correct market failures at the bottom of the pyramid,’ Prof Ndung’u said at the time.

‘Most of the time we start financial products to address needs at the bottom of the pyramid, but what happens is that the product leaves and moves on to the next level, whereas the intention should be that people are the ones to move upwards not the product.’

The scheme expanded rapidly as millions of Kenyans turned to the mobile platform for quick credit to support household spending and small businesses. In December 2024, the government introduced a second-tier product known as Bridge Loan for borrowers with strong repayment records.

The upgraded facility increased borrowing limits by as much as 300 percent and extended repayment periods to 30 days while maintaining the same pricing structure. By March 2026, the State Department for Micro, Small and Medium Enterprises told Parliament that the fund had disbursed Sh83 billion in loans, of which Sh71 billion had been repaid.

The department was simultaneously seeking Sh300 million from lawmakers to facilitate recovery efforts targeting roughly Sh12.5 billion in defaults. The figures reveal both the popularity of the programme and the mounting challenges associated with sustaining a large-scale State-backed lending scheme targeting low-income borrowers.

In the financial year ended June 2025 alone, Kenyans borrowed Sh17.9 billion from the fund, highlighting the continued demand for accessible short-term credit among millions outside conventional banking. The fund has also faced growing scrutiny from auditors over governance weaknesses and loan management controls.

Auditor-General Nancy Gathungu, in her report for the financial year ending June 2025, disclosed that 104,631 loans worth Sh116.5 million had been issued to customers whose national identity card numbers were missing from the customer database.

‘In the circumstances, the issuance of loans to customers without established loan limits points to inadequate credit assessment controls and increases the risk of lending to unqualified or unverified customers,’ Ms Gathungu said.

Her audit also questioned the closure of 386,735 loan accounts linked to Safaricom SIM cards before borrowers fully repaid outstanding balances.

‘The outstanding principal on these accounts amounted to Sh377,490,360, which should have been recovered before account closure. Management did not provide any evidence to justify or support the closure of these accounts.’

The findings added to concerns that the rapid expansion of the programme may have outpaced internal controls and recovery mechanisms.

The government, however, maintains the programme has achieved significant milestones in expanding financial inclusion.

During his State of the Nation address in November 2025, Dr Ruto described the Hustler Fund as the largest financial inclusion programme since independence.

‘The Financial Inclusion Fund, the Hustler Fund, now stands as the largest financial inclusion programme since independence, extending over Sh80 billion to millions of Kenyans,’ the President told Parliament.

‘Seven million once-blacklisted Kenyans have since repaired their credit. Three million small business owners previously locked out of formal finance are now banked. And two million Kenyans are now frequent borrowers.’

He added that 800,000 entrepreneurs were already accessing loans of up to Sh150,000 through the Bridge Facility without collateral.

But even as the President defended the programme, he also hinted at the government’s changing priorities.

‘Credit alone is not enough,’ Dr Ruto told lawmakers as he unveiled NYOTA as the administration’s next major youth empowerment platform.

The latest Treasury estimates suggest that while the Hustler Fund may continue operating as a revolving credit scheme, the centre of gravity in the government’s economic empowerment agenda is steadily shifting toward NYOTA and broader employment-focused interventions.

How Kenya is shaping the future of African Pay-TV

Africa’s pay-TV industry is at a crossroads. Traditional growth engines including household subscriptions, linear programming, and fixed monthly bundles are under pressure from shifting consumer behaviour, economic realities, and rapid digital adoption. Yet disruption is not decline; it is reinvention.

While attending the inaugural StreamTV Europe 2026 in Lisbon from April 13 to 15, I observed global media executives grappling with these challenges.

A dominant theme was the fragmentation of the media ecosystem, with telcos increasingly positioning themselves as super-aggregators to simplify user experience and counter piracy; driven less by price and more by consumer demand for convenience.

What stood out to me is that this reinvention is not theoretical. It is already happening-at scale-in Kenya.

Kenya is no longer simply participating in Africa’s pay-TV evolution; it is helping define it.

The country has emerged as one of the continent’s most dynamic innovation hubs for the live testbed sector where new operating models, technologies, and audience strategies are being validated in real time.

This leadership stems from a rare convergence: robust infrastructure, youthful demographics, progressive regulation, and deep digital adoption. Mobile penetration exceeds 130 percent, broadband access continues to expand, and over 96 percent of adults use mobile money. Kenya is, effectively, one of the most digitally integrated consumer markets globally.

For pay-TV operators, this matters enormously.

As highlighted at StreamTV Europe, the critical challenge is closing the ‘simplicity gap’ in an increasingly fragmented content landscape.

Kenyan consumers are already setting this standard. They expect seamless, intuitive experiences, transacting digitally, consuming content across multiple devices, and shifting fluidly between live TV, streaming platforms, and mobile-first formats.

Today, over 60 percent of internet users in Kenya watch video on their mobile phones, signalilng a decisive shift away from single-screen viewing.

This creates a powerful advantage: innovation cycles that are faster, and immediate feedback loops.

Flexible access models, mobile-led consumption, data-driven discovery, and hybrid subscription structures are not just concepts-they are being tested and refined in Kenya before scaling to other markets.

Crucially, the industry is moving away from passive, one-size-fits-all broadcasting toward personalised, on-demand experiences. Audiences now expect relevance, choice, and control.

Kenya reflects this shift vividly. Consumers engage actively; through viewing behaviour, social interaction, and churn patterns thus creating real-time data signals.

For operators, this enables continuous optimisation of content and pricing strategies, moving from instinct-led decisions to data-led execution.

Technology is not replacing storytelling; it is amplifying it. Platforms that deliver the right content to the right audience at the right moment will define the next phase of growth. Personalisation is no longer a differentiator. It is the baseline.

Demographics reinforce this momentum. With over 70 percent of the population under 35, Kenya has one of the youngest media markets globally. This generation values authenticity, local relevance, and seamless access.

Regulation, often perceived as a constraint, has been a key enabler. Kenya’s relatively mature media and ICT frameworks provide stability in a rapidly evolving landscape.

The proposed 2026 Copyright and Related Rights Bill aims to modernise intellectual property protection, strengthen creator rights, and tighten enforcement against digital piracy while directly addressing concerns echoed by global industry players.

This is reinforced by recognition from the International Telecommunication Union, which recently ranked Kenya among Africa’s leading countries in ICT regulation. Such credibility enhances investor confidence and supports innovation.

The conclusion is clear: the future of African pay-TV will not be defined by a single platform or model. It will be shaped by markets that move faster, listen better, and balance innovation with affordability and trust.

Silicon Savannah goes to counties as Kenya eyes startups, FDI boom with new technopolis law

Kenya has enacted a Technopolis Act, allowing counties to build their own Konza-style smart cities to create new hubs for startups, research institutions, and foreign investors beyond the capital, Nairobi.

The law establishes a new Technopolis Development Authority (TDA), replacing the Konza Technopolis Development Authority (KoTDA), and gives counties legal backing to develop gazetted technology zones focused on innovation, research, and tech-driven business.

It is Kenya’s most ambitious attempt yet to decentralise the ‘Silicon Savannah’, the popular moniker for the country’s tech ecosystem centred around Nairobi, while positioning counties as potential magnets for venture capital, manufacturing, cloud infrastructure, and artificial intelligence (AI) investments.

Technopolises are typically planned urban areas or special economic zones concentrated with technology companies, research institutions, and innovation hubs.

They are designed to foster research, commercialisation, and tech development. Examples include America’s Silicon Valley, China’s Zhongguancun, and France’s Sophia Antipolis. Governments globally are increasingly using tech cities to attract foreign direct investment (FDI), jobs, and research funding.

Under Kenya’s new law, the ICT Cabinet Secretary can declare new technopolises across counties, creating opportunities for regional specialisation in areas such as agri-tech, renewable energy, logistics, health-tech, and financial technology (fintech).

Incentives boost

The law allows early-stage startups to receive exemptions from licensing requirements, potentially easing one of the biggest challenges among founders – high compliance costs before achieving scale.

It also allows the authority to grant exemptions from fees, levies, and charges, while government-backed incentives could include tax holidays, reduced customs duties, and subsidised infrastructure access.

For technology startups, which often face high upfront costs in hardware, cloud services, and specialised talent, the incentives could improve survival rates in the critical early years. Dedicated small-enterprise support centres will also be established within technopolises to provide mentorship, technical support, and business development services.

Analysts say the institutional support could help address the so-called ‘valley of death’ period, where many startups fail due to weak operational structures, limited financing, and a lack of market access.

Strong collaboration

The clustering of startups within innovation hubs, science parks, and research institutions is also seen to create stronger collaboration among entrepreneurs, universities, investors, and established firms.

For foreign investors, the law provides multiple new entry points into Kenya outside Nairobi. Kenya is one of Africa’s top venture capital destinations by deal value and volume, and Nairobi is home to the majority of these businesses.

By allowing counties to establish technopolises based on local economic strengths, analysts say investors could target specialised sectors in different regions – from logistics and maritime technology at the Coast to agritech in food-producing counties and renewable energy innovation in northern Kenya.

The Act also seeks to attract investment into cloud computing facilities, AI systems, and data centres by mandating the hosting of government infrastructure powered by these emerging technologies. It could create opportunities for global cloud providers and AI companies looking for regional expansion bases in East Africa.

Foreign investors are also expected to benefit from tax incentives and streamlined approvals through a proposed ‘one-stop-shop’ system aimed at reducing bureaucratic delays often associated with setting up businesses in Kenya.

Currently, Konza Technopolis remains Kenya’s only operational technopolis and serves as the blueprint for the county-based smart city model.

Started in 2009 during former President Mwai Kibaki’s administration, the 5,000-acre development along Mombasa Road was envisioned as a futuristic science city driving Kenya’s transition into a knowledge economy.

Construction is still ongoing, albeit slowly, and the government has invested more than Sh90 billion in Konza, focusing on foundational infrastructure, flagship buildings, digital hubs, and a tier-3 data centre serving more than 170 public and private clients.

Some of the companies operating in the technopolis include Kenya’s largest telco, Safaricom, and the Chinese tech giant Huawei.

Still, some analysts say a strong centralisation of authority in Nairobi could limit county governments’ autonomy in managing local technopolises, potentially undermining the decentralisation agenda.

Others caution that incentives could disproportionately favour large multinational investors at the expense of local entrepreneurs and small businesses if safeguards are not put in place.

There are concerns that the promised efficiency gains could still be slowed by bureaucratic approvals and regulatory bottlenecks, particularly if multiple government agencies retain overlapping oversight roles.

Isuzu takes record 56pc share of Kenya’s new vehicle market

Isuzu East Africa has taken control of more than half of Kenya’s formal new vehicle market for the first time, tightening its dominance over rivals as recovering business activity boosted demand for commercial units despite still-high borrowing costs.

New data from the Kenya Motor Industry Association (KMI) shows Isuzu sold 2,036 new vehicles between January and March, a 23.54 percent jump from 1,648 units in a similar period last year.

The performance lifted Isuzu’s market share to a record 55.64 percent from 49.97 percent a year earlier, meaning the dealer now accounts for more than one in every two new vehicles sold through Kenya’s formal showroom market.

The latest figures show Isuzu sold more vehicles than all its major rivals combined during the quarter, cementing its position as the country’s dominant dealer in commercial vehicles.

Its share of the market has, as a result, increased from 42.57 percent in the first quarter of 2023 to 45.35 percent in the same period of 2024, before expanding further to current levels.

The company’s stronghold comes as demand for pickups, buses and trucks used in construction, logistics, agribusiness and public transport rises.

While Isuzu widened its lead, rival CFAO Mobility Kenya continued to lose ground in the market.

CFAO, which distributes Toyota, Mercedes-Benz, Volkswagen and Hino brands, sold 896 vehicles during the quarter, down 6.57 percent from 959 units a year earlier.

The Toyota dealer’s market share fell to 24.49 percent from 29.08 percent last year and 34.92 percent in the first quarter of 2023, highlighting the widening gap between the two dealers.

The latest figures show Isuzu sold more than twice the number of vehicles moved by CFAO during the review period.

Industry-wide showroom sales rose 10.95 percent to 3,659 units from 3,298 units a year earlier, signalling improving demand from companies and institutions expanding their fleets.

KMI officials attributed the recovery to increased activity in key sectors of the economy.

‘A notable driver for the auto industry growth this year is from increased economic activities in sectors such as affordable housing construction, road maintenance and agribusiness,’ KMI said.

Despite the improved sales volumes, KMI said the industry continues to face operational and geopolitical challenges that are delaying deliveries and raising costs.

‘A major trend is the shortage of number plates, affecting tens of thousands of vehicles, including motorcycles,’ the association said.

KMI also warned that the conflict in the Middle East has disrupted shipping routes, affecting supply chains and pushing up fuel prices.

‘At a global level, the Middle East conflict is a risk factor that has affected supply chains and caused a spike in fuel prices due to shipping routes disruption,’ KMI said.

The rebound has coincided with easing lending rates, which have made vehicle financing more affordable for businesses and individual buyers.

Most showroom vehicles in Kenya are bought through bank loans or asset financing arrangements, making the industry highly sensitive to movements in commercial lending rates.

Central Bank of Kenya data shows commercial banks’ lending rates averaged 14.7 percent in March 2026 compared with 15.77 percent a year earlier.

Although borrowing costs remain above the 13.09 percent recorded in March 2023, the decline has eased repayment pressures for transporters, contractors and businesses seeking to expand their fleets.

The recovery in vehicle sales has also been supported by the relative stability of the shilling, which has hovered around Sh129 against the US dollar since August 2024, its most stable run in decades.

The stable exchange rate has helped dealers and importers better manage vehicle pricing and inventory costs in a market heavily dependent on imports.

Wanjohi Kangangi, the Isuzu East Africa director of sales and marketing, said that lower borrowing costs and improved cash flows among contractors have revived business confidence since last year.

‘Interest rates have come down, so a lot of businesspeople are finding loans more affordable. Some of the payments that had been stuck for government contractors have started coming through,’ he said late last year.

‘A lot of our customers that were previously completely stuck have started to see money coming into their businesses and they are now expanding their businesses.’

He said improved economic stability had encouraged businesses to resume expansion plans after years marked by expensive credit, delayed payments and inflationary pressures.

‘By and large, we are sitting in a good spot. People feel we are more stable than we were in recent years. Today, there is some stability and this is what businesses want to be able to get on,’ he said.

The company has also expanded customer engagement programmes and financing partnerships targeting sectors such as logistics, construction and agriculture.

Smaller dealers also posted mixed results.

Simba Corporation – the franchise holder for Mitsubishi, Proton, Ashok Leyland and Mahindra – recorded a 4.65 percent decline in sales to 287 units, reducing its market share to 7.84 percent from 9.13 percent a year earlier.

Tata Africa Holdings, however, nearly doubled sales to 204 units from 109 vehicles, lifting its market share to 5.58 percent from 3.31 percent.

After Amnesty: Why Irungu Houghton’s final rebellion is letting go

When you look back at the man you were eight years ago and now, how have you changed? Great conversation. I mean, it sounds cliché, but I would say I’m wiser. I recognise that most human rights violations, most big problems that we have in society are complex and require analysis before you jump in. When I came in, I had the sense that things were much more binary, good people and bad people, human rights violations and human rights victories. The world is much more nuanced than that. And two, recognising that the things that are important to us are also important to many other people. How do I host a process that lets others join the conversation?

If I met you before Amnesty, what would surprise me about who you are now? You would probably be surprised by my patience. Younger me was much more impetuous, intense, and in-the-moment. The man that I’ve become is much more reflective and also understanding that not all of us come to the same point at the same time. We all process complex issues in society differently. I think that would probably be the thing that would stand out. You might be surprised that I’m still here, at 60 [chuckles].

60. When you look back at your life, what feelings come to you? Satisfaction. A sense of pride, not necessarily personal pride, but the impact that we have had on several people. A sense of gratitude to all the people who have come my way and have departed. I have said goodbye to many friends and family members, and I recognise that that is the cycle of life. We are stewards of the moment; the rest, we will pass to others. I feel an obligation to the ancestors, the Dedan Kimathis who fought for our rights, and I hope that when I am gone, people will still see human rights as an important issue.

You’ve been here eight years, and Amnesty is as much a part of your story as you are part of Amnesty stories, and that tends to give someone an identity. Are you feeling challenged about how to redefine yourself? I’ve never thought that Amnesty was me and I was Amnesty, so that makes it easy for me. I was a community organiser long before I came into Amnesty. I protected human rights long before I came to Amnesty. I joined Amnesty as a member in 2014. I joined them in 2018. When the board and I began talking about succession, the first thought was, What do I want to do next? It wasn’t what happens to me, it was how can I serve 254 and the republic differently, and I’m still hopeful that even that will show.

What do you miss about your younger self? The younger Irungu was even more rebellious. I had dreadlocks…

Why did you shave? Maintenance mostly. I felt that to keep them clean and looking good, it needed too much work, and my life was moving too fast [chuckles]. I miss a little bit of that Irungu. What’s happened over the years is I’ve grown to represent organisations. I’ve joined the C-suite. I was a director at ActionAid International for three years, then 10 years with Oxfam, and now eight years with Amnesty. Leaders carry the weight of their institutions, and the weight of that institution is not a burden, but a responsibility, and the younger Irungu never had those considerations.

What did you believe then that life has disabused you of now? Hmm. I grew up in the one-party state era. I became a teenager at a time when hundreds of thousands of people were being arrested for simply expressing their views in the 80s. One of the stories I told myself was that I probably would not live to the age of 40. Life has taught me that it is possible to play our role, be bold, creative, inclusive, and survive to 60.

Were you always a rebellious child? There are two sides to me. I’m loyal and rebellious. I’m loyal to people and to the idea that people can be better. Often, I sit in courtrooms and watch police officers being convicted of some terrible crimes, and my thoughts are first with the victims and the victims’ families, and then with the officers. I believe humanity can be better, and officers killing people unlawfully is a tragedy, and when they are prosecuted, their lives come to an end, which is another tragedy. Rebelliousness comes with a sense of need to ensure that everybody has equal access to justice.

What was your teenage rebellion? Haha! At 14, I enrolled fellow students to develop a magazine to challenge racism, and we published several editions of that newspaper. It got us into trouble with the teachers at the time because it was discussing topical issues. I also orchestrated a coup in my university days to take over the leadership of the African society in my university, away from a British student who believed in Africa, but I believed, and several others did also, that the African society must be Africa-led. I ran that society for the three years I was in university, bringing in African thinkers and writers.

Have you always been this subversive, or was it just your outlook on life? I think my formative years were really under the one-party state, and it occurred to me a personal affront that people could not think what they wanted to, or freely associate, and that was a formative moment for me, and many others. Nothing can exist in the presence of censorship, fear, or lies. It just becomes essentially a victim of people who can exercise the power of the state. That has lasted with me now I guess for 40 years.

Did you give birth to yourself, assuming you have children? My children are not my children; that is the famous song. My children are fiercely independent from the moment that they came out of their mother’s womb, and I have treated them that way. I have eight children. Four of those have produced four other children, so I’m a grandparent. The first child that I took on as my own was an adopted child, and I was 30 at the time. It’s been a real pleasure to watch them grow into decent, creative, and thoughtful beings.

What surprised you about the kind of parent you became? Parenting was challenging when I was much younger, particularly in my 30s. I was trying to succeed career-wise, trying to have a warm and loving relationship with a spouse, and also guiding and mentoring young people. What I was present to was really the challenge to remain intentional in the relationships with each one of the children, and not see them as a collective. There was a mental trap in that I just didn’t have time; if I was traveling, I would buy the boys the same colour t-shirts, just a different size, not realizing that actually every child has a favourite colour.

How do you survive parenthood when your children are forced to grow up in the shadow of your public identity? My adult children are fiercely independent, so I wasn’t present to any pressure that came on them because of my public profile. I’ve often told them I provided the basic needs and love, but ultimately, the most important thing is my name, and that is what they must protect, their identities, such that they can hand over a respected name to their children as people of integrity.

What do you hope all your children agree on about you? I would wish that they would have seen me as a human being, not perfect, with major moments in which I was challenged as a parent, husband, and father figure, and that they would accept both the good that I brought into the family, and the distress, also that I brought into the family, and that’s all part of life.

Now that your children are parents, what kind of mirror do they provide you? What is very confusing to us, the three generations, is how grandparents are much more patient with their grandchildren and also much more trusting of processes. We often discuss the need to give their children the space to experiment, take some risks, and explore their thoughts about life and about spaces, about school, and about relationships. That kind of parenting was not very present for me when I was a parent. I was much more into, “You need to do your homework by now, clean your room now, there’s only one way you can behave in this space.’ So, the temptation to continually mould your children was very high. As a grandparent, you realise that every human being is born with a personality and a sense of justice.

What would you want your children to forgive you for? For the period in my life when I was very busy in my career, and was not as available which, as I look back, I could have been. And that they would forgive me for some of the choices I made, which impacted them, and I would hope that they would forgive me for not having a long-term strategy for them, because once they became adults, I essentially just allowed them to be who they are.

What is something that success has not fixed? 47 per cent of the population is still under the poverty line, we have 150 people killed every year unlawfully by police officers, and a public health care system that is even worse than the previous one. Secondly, my immediate community, Kilimani, has lost 60 per cent of its tree cover despite our investment in the community foundation due to the buildings coming up; we have too many homeless families in the streets which worries me.

Speaking of which, at 60, what’s your insecurity now? I struggle with acknowledging insecurities, fears, and anxieties, because I think they are a form of insanity. Much of what we experience as human beings, either in the form of insecurities or anxieties, comes from a fear of the future, so we think something is going to happen, and therefore, we are fearful in advance. The other part of the insanity is spending all your time thinking about bitterness and regrets for things that didn’t happen. There’s nothing you can do; I can only stay in the present.

But if I must know? Okay, when my time comes, and I breathe my last, will I look back and think I didn’t do enough? That I suspect will also still be squashed because your power lies in the present. How do I want to spend that last breath-and it would not be worrying about the past.

Is there a part of your life that remains unresolved? No, I am at peace with all my demons, regrets, and disappointments, and they are very much in the past now. I often tell people to practice timing disappointments. Say I want to spend the next 20 minutes feeling disappointed, recognising your disappointment and breathing in it, when the 20 minutes are done, so are you. And life will always open up for you if you have that mindset.

Which ‘almost’ still haunts you? None, because that is a form of distraction from living. At one point, I wanted to serve in government, because it is the primary duty bearer to citizens. We pay taxes to governments for a reason, which is why we expect services. I could have travelled a bit more when I was younger. And I’ve been to some wonderful places for work. And occasionally, most times, did not spend even an extra day to be part of that local culture. A place like Prague, Czechoslovakia. I’ve been to Haiti, Port-au-Prince. I’ve travelled to West Africa and realised that the world is much more interesting than I have given it time for.

You have time now. I know, a bit more. Not that I suspect I’m retiring [chuckles].

What have been the best and worst parts of getting older? The worst parts are the creaks in the joints. You move a bit slower. Maybe not slower, deliberately [chuckles]. It’s just preoccupations with remaining healthy and agile. The best have been the numerous memories of moments that were blessings and reaffirming and unexpected that have taught me the world is a fundamentally amazing place to be.

Is there a possession you’ve been unable to throw away? I wrestled with giving away books. I’ve given away maybe 500 books in the last five years, mostly to community resource centres. But I struggled with that, but reconciled that if I’m no longer reading them, if I’ve read them, then why would I want to hold on to them? I’m generally a keeper. I feel very happy when I’m able to fix things and continue using them. I amazed myself the other day by taking a suitcase that I travel with regularly to a fundi who fixed it. And it’s now working again, wheels are moving, feels brand new. You get greater joy from having your things fixed than from buying something new.

Must be a very nice suitcase then? Not really, haha! You would not spot it on a carousel. It is completely nondescript. But the last time I think somebody stole something out of my suitcase-I don’t lock my suitcases-was probably 15 or 20 years back.

What did they steal? They stole children’s video cassettes. Not even DVDs. I travelled just before Christmas. And I brought back Christmas presents for the children. And those all disappeared and probably went off to somebody else’s children. But that’s really the last time I think I experienced a theft. So it helps to have an old suitcase haha!

How are you defining success now? About a decade ago, I sat and listened to a president talk about his frustrations with the criminal justice system. He said, ‘I don’t understand what more you need. I have given you budgets, and laws and powers and a mandate to stop corrupt people. But all we hear is complaints about other agencies, not actions to be taken by your own agency.’ And in that moment, I learned the distinction between intentions, actions, and impact. Most of us judge ourselves and others based on their intentions or actions. Most of us don’t judge ourselves or others on the basis of the impact we leave in the world. And I think that’s the most important aspect of our lives. It is in the impact that we have on others, our environment, communities, and families that the true purpose of us as human beings can be found. That was a short response to a very short question [chuckles].

What have you learned the hard way? I have learned that, much as I have never been inspired by amassing wealth or money, you need a certain amount of finances to continue moving. The second one is that not everything happens in the moment. Life is a series of moments and the biggest impact comes possibly even after we are gone. Like earlier this month we, together with the Kilimani community, rallied and renamed Galana Rd to Pheroze Nowrojee Rd. And as I watched the signboards go up, I was present to our lives not being a series of incidents but actually our lives ultimately show up after we are gone, and there is a full tapestry of things, especially in this very performative culture of ours.

Who do you know that I should know? You should know my wife. She is very free-spirited and innovative. She is always watching for things that have not happened yet. And what it would take to bring those out to people. And my current Amnesty Chair, Stella Bosire. A wonderful human being who has really pulled herself from spaces that most people find very difficult to escape. At one time, she was homeless, an addict, and an orphan. Her parents were alive, but she was brought up by several people within the community, and now she is a medical doctor, just finishing off becoming a lawyer, shaping global public health discourse in many different ways.

What does your wife get to brag about you? [long pause] I have spoken about my role as a father. And my role as a leader in the country. I think those would be the two spaces that she is appreciative of.

Are you an easy person to live with? Probably not [chuckles]. But I am not aggressive as a human being. I am patient, but I can be intense and disruptive. One of the examples there is that I tend to move furniture around quite a bit. I have been requested to move too many things around. I guess that would make me more complicated. But I am relatively easy-going. I do have strong views about injustice and dignity, and that shows up in my personal spaces, and that can make some people feel a bit restricted [chuckles].

If you could do it all over again, would you do it the same? No. I would create intentionally from where I was, even career-wise, I never go back to the same organisation. I never stay in organisations for very long; I get itchy. But I do get interested in doing different things. And that has always been the case.

Irungu, tell us a simple life hack. The secret of a powerful life lies in one word: integrity. Not the integrity necessarily of management of public taxes or finances, but just in our word, that we are dependable and predictable to people. If I say I will be here at this time, be there at that time. If I say that I will do this, do this. Be a person of your word.

Credit Bank cleared to recover Sh80m from coal investors

Credit Bank Ltd has been given the green light to sell two properties belonging to a couple in Uthiru, to recover a Sh80 million loan used to fund a failed coal exploration project.

The High Court ruled that Foundation Piling Ltd and its owners, Ronald Njoroge King’ang’i and Bella Wagatwe King’ang’i, had not offered to repay the debt or provided any explanation for their default.

The court also confirmed that the bank had properly served all statutory notices, which the couple did not deny receiving.

‘I am in further agreement with the Bank that its right to recover its debt by realising its security is being frustrated and the loan continues to accrue interest daily and there is a genuine risk that the debt will outstrip the value of the suit properties if the sale is delayed for the duration of a potentially lengthy trial, causing greater loss to the Bank and ultimately to the Plaintiffs, if the suit properties are sold for less than the debt,’ the ruling stated.

The case revolves around loans totalling approximately Sh77.7 million obtained by Foundation Piling Ltd in July 2017 for a coal exploration project that was later abandoned due to its cancellation by the government.

The loans were secured against the two properties and the company claimed that the project’s failure, compounded by the Covid-19 pandemic, left them struggling to repay the debt.

The bank issued a 40-day notice of sale on May 30, 2025, followed by a redemption notice two months later for Sh80.7 million. A notification of sale was subsequently sent, setting an auction for September 2025.

The couple challenged the planned sale, alleging that interest had been charged above agreed rates without the approval of Treasury Cabinet Secretary, in breach of the Banking Act.

They described the demanded sum as ‘outrageous’ and claimed the lender had refused to provide proper statements or reconcile payments made. They further accused the bank of inflating the debt to frustrate their attempts to sell the properties.

Credit Bank, however, insisted that all statutory procedures were properly followed, including the issuance of 90-day notices under Section 90 of the Land Act in January 2025, which the couple acknowledged receiving.

The lender added that it had been accommodating, even issuing a ‘no objection letter’ on March 13, 2025, allowing the couple to sell one of the properties privately.

The court noted that the bank had effectively challenged the couple’s claims. It also observed that the lender had stated, without dispute, that it could compensate the couple for any losses arising from the property sale.

‘I agree that the suit properties have a finite value as evidenced by the valuation report annexed by the Bank and if the sale is ultimately found to have been unlawful, the Plaintiffs can be adequately compensated by an award of damages,’ the court concluded.