Category: Business Daily

Kamau led a widely respected manufacturing firm in the industrial area of Nairobi for six years. He steered his firm through supply chain shocks, currency exchange fluctuations impacting the price of inputs, and a difficult expansion into East Africa. All the while, his board of directors praised both his discipline and his calm temperament.

Unfortunately, trouble quietly started the same year that two of his rival chief executives at competing firms in the same industry began appearing in glossy business magazines, winning prestigious leadership awards by Kenyan and East African associations, and getting public applause at corporate events and conferences.

Kamau noticed that his board’s whole tone shifted even though the numbers in his own company had not collapsed at all. But each board meeting started off with uncomfortable comparisons of chief executives in the industry.

Even though margins and the bottom line continued to improve steadily, board members who had once rightfully focused on internal company metrics later started to hound Kamau about why rival firms seemed more visible, celebrated, and admired.

He sadly learned that external flattery of the company or him as the CEO made board members feel better about bragging to their friends about sitting on the board or just making them solid in their convictions because of senseless external validation.

CEO’s survival

In many firms, such a subtle shift can prove dangerous to a CEO’s survival and good relations with his or her board because boards do not merely judge how a company performs. They also judge how that performance looks relative to peers, and board members often do not have the time or the will to adequately go through actual figures about a company’s true internal performance.

A new just published study by Jingyu Li, Steven Boivie, and Yi Yang examines the shocking process of board distraction, incompetence, and misdirection. The research shows that boards of directors do not rely only on raw financial and operation results when deciding whether to keep or dismiss a particular chief executive officer.

Instead, boards also absorb external comparison signals from the wider industry and professional environment no matter how frivolous. Surprisingly, one especially powerful signal comes when competing CEOs receive prestigious awards from visible institutions, industry associations, or publications. Such recognition from newspaper headlines and awards dinners quietly subconsciously reshapes how boards of directors interpret the performance of their own CEO.

The above occurs even when times are good at the company. But what can make matters worse is that if a firm’s performance is already weak or shaky, a competitor CEO winning an award can just turn into a negativity spiral in the minds of different directors on the board and they then judge their own firm’s underperformance far more harshly than is justified.

Humans as a social species hold a bias whereby accolades, whether earned, paid for, justified or not, creates a living mental image of a benchmark of what strong leadership supposedly should look like in the same competitive environment.

Directors start asking themselves a painful internal question not knowing it originates from bias or misdirection in that if other CEOs can earn public validation under similar market conditions, then why can our own CEO not do the same. They wrongly feel that their CEO might have managerial inadequacy.

Psychological expectations

Further, the research shows that higher paid CEOs also carry higher psychological expectations from the board. Also, board members who are more dissimilar to the CEO in terms of age, background, ethnicity and career, will end up judging the executive more harshly due to simple similarity and dissimilarity bias with regards to how their brains unknowingly process empathy.

In summary, boards do not dismiss chief executives based on financial and operational success or failure alone. The lenses through which boards view success are biased by the stories, comparisons, reputations, and public signals that they hear.

Once we understand this reality, we better understand why some leaders seem to survive difficult corporate situations better than others even though public relations can be bought, undeserved, or gotten through family contacts of a cousin who is an editor. Still, boards absorb it and believe it.

So, one of the most critical CEO personal survivor strategies can be to recruit and retain a highly competent head of communications as well as a public relations firm. While benefits to the firm might be only marginal depending on the industry, the reality is that you need the support in order to keep positive attention from your board of directors.

Holders of domestic bonds, including commercial banks, insurance firms, pension funds and households, will earn nearly Sh1 trillion in interest in the financial year starting July 1, highlighting the impact of local borrowing on taxpayers.

Debt service on domestic debt is set to rise by Sh103 billion, reaching Sh986.7 billion in the financial year ending June 30, 2027, from Sh883.7 billion in the current fiscal year.

Interest on internal debt has risen in tandem with the State’s increasing reliance on domestic borrowing to plug the annual budget deficit as access to external financing remains volatile.

Domestic interest payments are projected to hit a record Sh1 trillion in the financial year starting July 1, 2028, as internal borrowing remains prevalent.

Domestic interest payments have trended upwards, rising from Sh622.5 billion in the 2023/24 cycle to Sh784.1 billion in FY 2024/25.

The National Treasury estimates domestic debt service at Sh883.7 billion in the current fiscal cycle to June 30.

The rise in domestic debt service for the financial year starting July 1 comes amid an escalation in borrowing, which is set to contribute 81.8 percent of deficit financing.

‘Fiscal deficit including grants for the FY2025/26 is therefore projected at Sh1.22 trillion, up from Sh901 billion, and will be financed by net external financing of Sh225.8 billion and Sh998.6 billion in net domestic financing,’ the Treasury said.

Investor gains

The Treasury primarily borrows through Treasury bonds in the domestic market, although a smaller share is held in short-dated Treasury bills.

Financial corporations, including commercial banks, pension funds and insurance companies, hold the bulk of government domestic debt at 79.9 percent as of April 24, 2026, making them the largest beneficiaries of the increased interest payout.

Read: State to borrow Sh635bn from domestic market

Households hold 6.3 percent, followed by non-residents at 4.3 percent, non-financial corporations at 1.6 percent and non-profit institutions at one percent.

Total domestic debt stood at Sh6.8 trillion at the end of January 2026, exceeding external debt of Sh5.5 trillion.

The outsized domestic debt stock is expected to keep pushing up debt service costs even as the Treasury anticipates some relief from falling interest rates.

‘Short-term interest rates declined in line with easing monetary policy, with the 91-day Treasury bill rate falling to 7.8 percent from 10.3 percent as of December 2025,’ the Treasury said in its latest quarterly economic and budget report.

‘Similarly, the 182-day Treasury bill rate declined to 7.8 percent in December 2025 from 10.4 percent previously, while the 364-day Treasury bill rate fell to 9.3 percent from 11.8 percent over the same period.

The decline in interest rates on the government’s short-term borrowing instruments has led to lower domestic borrowing rates, thereby contributing to a reduction in government debt-servicing costs.’

Funding pressure

The government is expected to rely on domestic borrowing over the medium term, with the share of internal funding set at 72 percent against 28 percent for external financing.

Access to external financing has been volatile amid global shocks, which have increased the pricing of instruments in international capital markets such as Eurobonds.

Concessional financing from multilateral lenders such as the World Bank and the International Monetary Fund (IMF) has also been limited as Kenya struggles to meet key conditions such as revenue targets and debt sustainability.

Kenya did not receive financing from the World Bank and the IMF in the 2025 calendar year, resulting in a squeeze that saw the government double down on domestic borrowing to plug the fiscal deficit.

Flood-related claims cost Old Mutual General Insurance about Sh200 million last year, with the insurer now assessing fresh losses from recent rains in a sign of escalating climate risks in the market.

Japheth Ogalloh, the managing director of Old Mutual General Insurance, said floods were one of the main drivers of claims settled in the year ended December 2025, alongside a rise in the price of spare parts, with effects felt across medical and motor covers.

‘We had floods last year and into this year in the first quarter. Last year, we paid over Sh200 million worth of flood-related claims. In general, risks related to climate change are becoming more frequent and severe,’ said Mr Ogalloh.

The insurer joins a growing list of firms disclosing payouts worth millions of shillings as the frequency and intensity of floods rise in Kenya.

The floods have left a trail of death, injuries and destruction of property such as vehicles, houses, crops and livestock.

Floods are increasingly weighing on insurers’ balance sheets, with the worst in recent years seen in 2024 when claims topped Sh5 billion.

The 2024 floods left CIC General and Britam General with about Sh700 million and Sh400 million in claims to settle.

Industry pressure

The pattern persisted last year and has resurfaced this year, forcing underwriters to consider reviewing premium rates even as more customers inquire about flood cover.

Several other insurers, including CIC General, Britam General, Sanlam Allianz General and APA, said recently that climate-related risks are testing their models and could eventually force a reassessment of pricing, coverage terms and flood-risk exposure, particularly in high-risk urban areas.

‘We have assessed how we can approach climate-related risks. We are now using models that identify risk areas and strengthen our underwriting terms. We want to ensure risk mitigation is done on time and the pricing is right,’ said Mr Ogalloh.

Kenyans have been increasing their appetite for climate-related covers, with industry data showing that premiums for crop and livestock covers hit Sh1.2 billion at the end of 2024, qualifying customers for payouts of about Sh36.73 billion if the covered losses occur.

The Kenyan economy is highly exposed to climate-related hazards and the implications of climate change, according to the International Monetary Fund (IMF).

This is largely due to the climate-sensitive nature of its economy, with agriculture, water, energy, tourism and wildlife sectors playing an important role.

The agriculture and tourism sectors – the two key climate-sensitive sectors – comprise over half of Kenya’s GDP, with agriculture providing employment to about 80 percent of the rural workforce.

Property developer Centum Real Estate (Centum Re) is counting on discounted fixed mortgage rates of 8.9 percent to boost sales of its housing units to buyers.

Centum Re has entered into a partnership with KCB Bank Kenya to allow its customers to tap into mortgages, which will be fixed for the loan period of up to 25 years.

The 8.9 percent fixed rate is lower than the average pricing of between 11 and 15 percent charged by commercial banks as of March 2026. Centum Re said the deal with KCB aims to cut costs for both the salaried and the self-employed.

‘A good home should be more than something people admire from a distance. It should be something they can understand, plan for and move toward with confidence. That is the spirit behind this partnership,’ said Kenneth Mbae, managing director at Centum Re.

‘By connecting quality homes with a more predictable financing path, we want to help more customers see ownership as something they can realistically work toward.’

The fixed rate means customers who take up the deal will be cushioned from a potential rise in servicing costs, as is the case with mortgages offered on variable interest rate terms.

Central Bank of Kenya data shows that about 85.9 percent of mortgage loans were at variable interest rates in 2024, as compared to 88.4 percent in 2023, exposing the majority of borrowers to the movements in interest rates.

‘We want to help customers start with a monthly number they can understand, plan for and work toward with confidence,’ said Caroline Wanjeri, KCB Bank director of mortgage business.

Speaking at the signing ceremony, KCB Bank Director of Mortgage Business Caroline Wanjeri noted that too many people end their dreams of home ownership at the headline price of a house (millions), viewing it as being out of reach.

‘We want to help customers start with a monthly number they can understand, plan for and work toward with confidence,’ said Ms Wanjeri.

The Nairobi County government has agreed to pay Sh1.55 billion as part of a debt to Kenya Power, softening an earlier hardline stance that triggered a retaliatory standoff between the two entities in 2025.

The county made the disclosure in its debt management plan but did not state when it will remit the money.

Nairobi County had an unpaid power bill of Sh3.01 billion at the end of 2024, making it the biggest defaulter among the 47 counties.

Payment plan

Kenya Power and Nairobi County have, in recent years, been involved in public disputes over unpaid electricity bills.

The electricity distributor has on several occasions disconnected power supply to City Hall, drawing retaliation by the devolved unit, including clamping of its vehicles and dumping of waste at the utility’s premises.

‘Finally, a plan has been developed for remittance of Sh1.55 billion owed to Kenya Power Company, subject to verification of meters,’ the county says in newly published disclosures.

In April last year, Governor Johnson Sakaja told Parliament that Nairobi County would cross-check the bill against all meters to determine what would be paid to Kenya Power.

Remittance of the money marks a shift from an earlier position where the Sakaja-led administration had repeatedly resisted Kenya Power’s push to recover the unpaid electricity bills.

Wayleave row

City Hall wrote to Kenya Power in December 2024, demanding Sh5.64 billion in unpaid wayleave charges that accrued from 2016 to 2024.

It is, however, unclear whether City Hall is still pursuing the Sh5.64 billion claim.

The county bases this demand on its Finance Act 2025, which introduced charges of between Sh150 and Sh200 per metre for any electricity line on its territory.

The demand for settlement of the wayleave bill came weeks after disclosures from the National Treasury showed that City Hall had yet to pay Sh3.01 billion for power.

Inability to collect payment from counties is a major challenge for Kenya Power and has prompted the utility to seek help from Parliament to recover the billions of shillings owed.

I and M Bank Kenya will use part of the proceeds from its May corporate bond to retire dollar denominated debt to the tune of $50 million (Sh6.5 billion) and mitigate the firm’s exposure to elevated risks stemming from carrying hard currency debt on its balance sheet.

The bank is in the market with a five-year year bond issuance priced at 12.2 percent seeking to raise Sh10 billion with a green shoe option of up to 30 percent, indicating that the lender could raise as much as Sh13 billion depending on investor appetite.

I and M Bank Kenya’s leaning towards local currency debt comes at a time when the evolving macroeconomic environment is being characterised by growing pressure on the country’s foreign exchange position owing to spillovers from the war on Iran.

Kenya’s foreign exchange reserves closed April at $13.22 billion (Sh1.71 trillion) down from a peak of $14.59 billion (Sh1.88 trillion) at the start of March as the Central Bank of Kenya moved to support the local unit amidst rising pressures from the global markets.

‘We’ve got about $50 million of Tier II debt that we have on our books with varying dates of maturity, some being as early as 2027 and we felt that we needed to be able to replace that,” I and M Holdings regional CEO Kihara Maina told the Business Daily.

“This was the right time to go to market because it allows us to front-load our planned local currency debt raise as well as anticipate the maturities that are coming as well as build up a lending pipeline.’

He said the lender has always preferred to issue Kenya Shilling debt but the realities of the market in the past few years have been such that it was difficult to sell this type of corporate debt. The last two issuances the bank did were in US dollars, one being an issuance to the International Finance Corporation, he noted.

The new bond which is being arranged by Standard Investment Bank opened on April 30 and will be closing on May 15 at 5 pm with the listing on the Nairobi Securities Exchange (NSE) slated for May 21.

I and M Bank Kenya’s latest bond issuance is part of a larger Sh20 billion Medium-Term Note programme through which the institution is looking to strengthen its capital position to support accelerated lending.

The bank has in the recent past been aggressive in making forays into the vast retail segment in the market, with its loan book having closed 2025 at Sh217 billion.

‘We have been expanding into the retail and micro, small and medium size enterprises space as part of our Imara Strategy. A lot of our clients in that space want to borrow long-term and on a fixed rate basis. This market particularly likes fixed rate paper,’ Mr Maina says.

I and M Bank’s net profit for the year ended 2025 stood at Sh15.3 billion, 30.4 percent higher than the bank registered in the previous year. The bank’s earnings were driven by a 16.9 percent increase in net interest income to Sh34.4 billion and a 38.3 percent increase in non-interest income to Sh12.4 billion.

State House’s budget for the new fiscal year from July 1 has been slashed by Sh3.9 billion, signalling a significant revision of domestic travel and motor vehicle purchase plans amid public scrutiny over spending by the office.

Total State House spending will fall to Sh13.6 billion from Sh17.5 billion in the current financial year ending June 30, 2026, according to fresh data from the National Treasury.

Spending linked to President William Ruto’s office in Nairobi doubled in the current financial year from the Sh7.68 billion approved in June 2025 after the budget was boosted by Sh8.4 billion to cater for increased travel, hospitality and other operational expenses.

This pushed State House’s annual spending past equivalent offices in developed nations such as the US, Germany and Portugal, while the allocation was the highest since 2013.

Spending scrutiny

The lower budget for the next financial year signals a moderation in spending amid scrutiny over budget overshoots flagged by oversight offices such as the Controller of Budget (CoB).

The allocation to State House, Nairobi – which carries the bulk of the Presidency’s budget – is set to fall to Sh11.1 billion from Sh14.7 billion.

The reduction reflects cuts across several items, including personal allowances paid as reimbursements, which drop to Sh127 million from Sh663.2 million.

Domestic travel and other transport costs will fall from Sh2.2 billion to Sh1.9 billion, while spending on the purchase of vehicles and other transport equipment declines from Sh297.8 million to Sh86.7 million.

Expenditure under a less transparent budget line labelled ‘other operating expenses’, which rose by Sh4 billion under the first 2025/26 supplementary budget, will fall from Sh5.74 billion to Sh3.5 billion in the next fiscal cycle.

Overspend risk

Spending by State House has been under sharp scrutiny in recent months after the office overshot its full-year recurrent allocation within seven months, prompting a significant boost in funding under the supplementary budget.

State House had spent Sh10.4 billion by the end of January 2026 against an allocation of Sh7.6 billion.

Recurrent expenditures typically cover costs such as travel, accommodation, allowances, hospitality and administrative support tied to the daily functioning of State institutions.

The increase in spending in the current fiscal year signals heightened operational activity for the office, which also administers statutory benefits for retired presidents and deputy presidents.

Spending on the administration of these benefits is set to fall from Sh432.6 million to Sh362 million following the end of funding for the office of former Prime Minister Raila Odinga, who died in 2025.

The allocation for the ex-PM office stood at Sh58.2 million for the cycle ending June 30, 2026.

Budget warning

Controller of Budget Margaret Nyakang’o had earlier flagged the risk of the office depleting its budget midstream despite a high expenditure absorption rate.

‘Whereas this reflected efficient budget execution, it also presented the risk of budget depletion before the end of the financial year 2025/26, leading to budget non-credibility,’ she said.

Scrutiny on State House spending has intensified following disclosures that President William Ruto is running one of the most expensive presidencies, with spending on key offices reaching Sh100 billion in the current financial year.

I remember watching my mother struggle through sudden waves of heat, bouts of forgetfulness, and excessive sweating even while doing something as simple as washing dishes on a cold day. At the time, it felt confusing, almost inexplicable.

On another visit to the hospital, a doctor advised her to lose weight. She was in her early 90s and had gained significant weight, something he said was common for women at her stage of life. But these changes often begin much earlier.

For many women in their 40s, the body starts shifting in unexpected ways, and few are ever prepared for it. Each day can feel like a new, unfamiliar discovery.

Dr Maina Muriithi, an obstetrician-gynaecologist at Aga Khan University Hospital, describes menopause as a period marked by cessation of menses for 12 consecutive months.

‘It is natural if it occurs spontaneously, and unnatural if it is due to other factors like chemotherapy or surgical removal of the ovaries, which produce the major female hormones,’ he explains.

The average age of menopause for an African woman is about 51 years, although this is not a definite figure. Menopause can occur earlier in some women and later in some.

These changes, Dr Muriithi notes, do not occur uniformly in all women.

‘Some women experience mild symptoms of menopause, while others experience severe menopausal symptoms, and some might even go through the period unknowingly, only noticing that their menses have disappeared.

‘These changes could start from the age of 45. Experiencing the symptoms before age 40 is called premature ovarian insufficiency, and is abnormal,’ he says.

The earliest and most common symptom of menopause is hot flushes, which come as sudden, intense heat all over your body, particularly in the upper part, such as the face and neck.

‘These tend to occur mostly at night, causing sleep disturbance,’ Dr Muriithi says, noting that up to 80 percent of women going through menopause experience hot flushes, but they tend to go away within one to two years.

Common hot flushes triggers

Common triggers for hot flushes are caffeine, alcohol, and spicy food.

‘Changes in the menstrual cycle include the cycle becoming irregular and less frequent, and having periods of heavy menstrual bleeding,” he says.

He cautions, ‘Persistent heavy or painful menstrual bleeding, however, should prompt a check-up, as it is not normal and could be associated with other conditions like adenomyosis that could present in the perimenopausal period.’

Other changes

Other body changes that occur include breast atrophy, vaginal dryness and thinning of the mucosa, fat redistribution, weight gain and wrinkling of skin.

The appearance of white-greyish hair that comes with ageing occurs when hair cells lose the black pigment-producing cells called melanocytes, typically from the age of 40, and is not reversible.

‘Some people experience bone and joint pains due to loss of bone density and the additional weight gain,’ says Dr Muriithi.

‘Cognitive and emotional changes that one might encounter include forgetfulness and poor concentration, and are commonly termed as brain fog of menopause. Irritability and periods of sadness are also quite common.’

A decrease in libido is also among common symptoms experienced during menopausal transition. These changes, in the extremes, can be quite distressing.

Managing the transition

However, there are general lifestyle strategies that one can employ to transition through the period of menopause seamlessly.

These include eating healthy, maintaining a good weight, exercising, hydrating, maintaining loose clothing at night, avoiding spicy food and caffeinated drinks and practising breathing exercises and mindful meditation.

‘Sometimes this is not enough when one is experiencing extreme symptoms, and hormonal replacement therapy (HRT) and other interventions come in,’ says Dr Muriithi.

‘HRT replaces the hormones oestrogen and progesterone, which fall to low levels as you approach menopause. Prior to initiation of HRT, one has to undergo a checkup to ensure that they are eligible to use it.’

Conditions that would prevent one from using HRT include a history of heart disease, active cancer of the breast, uterus or ovary, history of clots, uncontrolled blood pressure, liver disease or pregnancy.

‘For those who do not qualify for hormone replacement therapy, non-hormonal options containing soy isoflavones (plant-based compounds found in legumes like yams), antidepressants and anti-anxiety medication can significantly lessen the symptoms,’ Dr Muriithi notes.

Other alternatives include psychotherapy to understand one’s body and self, and behavioural therapy to adjust to the period of menopause.

The ability of an organisation to transform and achieve strategic differentiation through sustainability in an enduring manner rests on several factors. These factors enable organisations not only to achieve these goals but also to continually raise the baseline for market-leading performance.

Successfully navigating current and emerging challenges in the operating environment is critical for organisations to succeed in the short, medium, and long term. Therefore, having clarity and understanding of the components necessary to accomplish this goal is important. The following factors drive sustainability excellence in organisations.

Organisations must make the right investments in talent to achieve sustainability excellence that enables transformation and long-term success. Investments in talent and upskilling will be continuous to address the evolving demands of sustainability.

Just as shareholders, regulators, and other stakeholders are demanding better-quality information, including the application of emerging technologies, and faster decision-making by management based on decision-useful information, having the right talent is what allows organisations to meet these internal and external stakeholder demands.

Data and technology are another essential factor driving sustainability excellence. The quality of data should be accurate, complete, and relevant to provide insights and aid decision-making.

Having the right data can be an asset and a source of competitive advantage to an organisation. In addition, integrating emerging technologies such as artificial intelligence to propel transformation within an organisation, coupled with the right talent equation, will help to achieve sustainability excellence.

Another factor is a tailored, fit-for-purpose governance structure and framework that promotes ownership and accountability and clearly defines roles and responsibilities.

Governance ensures appropriate goals, timelines, and incentives are set for sustainability, while individuals and teams are held accountable for their performance against sustainability targets and overall business outcomes.

Finally, organisations have to build and continually develop a proactive stakeholder engagement, communication, and reporting capability to ensure they remain focused on stakeholder demands and report on their performance in meeting these demands.

It is not enough to understand and implement stakeholder priorities through strategy execution alone. It is equally important for organisations to report credibly on their performance. Organisations should make stakeholder engagement a continuous exercise and build the required capacity, processes and systems for effective engagement and reporting.

Before last week’s nomination to the Supreme Court, Justice Mohamed Warsame had built a reputation for a consistent approach to commercial law, marked by firm enforcement of contracts and protection of property rights.

During the interviews, much of the national attention focused on his colleague at the Court of Appeal, Katwa Kigen, over his past legal work for President William Ruto and whether it could undermine public confidence in his impartiality.

Little national debate surrounded Mr Warsame’s potential rise until Judicial Service Commission (JSC) chairperson Chief Justice Martha Koome announced it a few hours after the interviews closed.

A review of Mr Warsame’s rulings shows strict application of contractual obligations alongside close scrutiny of administrative decisions for legality and an insistence on clarity in business transactions.

His elevation from the Court of Appeal to the Supreme Court crowns a career defined by firm rulings at both the Court of Appeal and High Court, administrative reforms and constitutional litigation that reshaped judicial governance.

Mr Warsame’s nomination by the JSC emerged from a tightly contested process that tested jurisprudence, integrity and administrative record. His answers and past rulings placed him at the centre of Kenya’s evolving commercial and constitutional law.

He told the commission he brings ‘over 32 years of legal experience’ grounded in advocacy and judicial service. He framed the Supreme Court as a court of direction and principle. ‘It is the Supreme Court that leads the country in the right direction,’ he said during the interview.

His legal philosophy was forged early in his career in private practice, where he trained at Anjarwalla Abdulhussein and Co. Advocates in 1994, the same year he was admitted to the Roll of Advocates.

He graduated from the University of Nairobi in 1992 before enrolling for a Postgraduate Diploma in Law at the Kenya School of Law, which he completed in 1993.

He moved to Wahome and Co. Advocates in 1995, worked as a lead litigation associate and later founded Warsame and Co. Advocates in 1996.

He joined the bench as an acting puisne judge in 2003 before appointment to the High Court in 2004.

Commercial record

It is at the High Court, particularly in the commercial and judicial review divisions, that Justice Warsame established his signature style. His rulings emphasised strict compliance with contractual obligations, efficient dispute resolution and protection of proprietary rights.

In one case pitting Jaribu Holdings Ltd against Kenya Commercial Bank, he ordered a tenant to vacate leased residential premises and settle rent arrears after finding a clear breach of contractual terms.

The bank had alleged breach of contract regarding unauthorised subletting and over Sh2.2 million in unpaid rent for the property situated along Argwings Kodhek Road in Hurlingham, Nairobi.

‘It is not available to the tenant to change the user of the suit premises without the consent of the owner and then allege that it is a controlled tenant,’ the judge ruled.

The decision, delivered in November 2007, enforced the lease without modification and underscored that courts must uphold commercial agreements as written.

The ruling has since been cited at the Court of Appeal, particularly on the principles governing stay of execution and enforcement of commercial obligations.

That approach aligns with the long-established doctrine that courts cannot rewrite contracts between parties.

Justice Warsame consistently applied that principle in commercial disputes, reinforcing certainty in business dealings and limiting judicial interference in negotiated agreements.

Legal limits

His jurisprudence extended beyond enforcement to oversight. In another commercial dispute pitting Baseline Architects Limited against the National Hospital Insurance Fund Board of Management, he disallowed the use of illegally obtained documents by a contractor to demand payment for a Sh352 million arbitral award, saying this offended public policy.

He held that reliance on improperly obtained confidential documents from the State undermined the integrity of the arbitral process and could not stand.

‘A party cannot be allowed to use a benefit which he obtained in contravention of the law,’ he stated.

That decision, delivered in May 2008, drew a distinction between contractual freedom and legality, affirming that arbitration outcomes must comply with constitutional and procedural standards.

The ruling has also been cited in the determination of other commercial cases.

It reinforced the court’s supervisory role over administrative bodies and dispute resolution mechanisms.

The dispute concerned consultancy works for the design and supervision to completion of a proposed training and resource centre for NHIF in Karen, Nairobi.

Judicial reform

Justice Warsame’s work in judicial review further expanded administrative accountability under the 2010 Constitution.

As the first presiding judge of the Judicial Review Division, he helped shift the remedy from a narrow common law tool to a constitutional safeguard anchored in fair administrative action.

‘I have dealt with all spheres of the law,’ he told the JSC panel during last week’s interviews. ‘I was the first presiding judge of the Judicial Review Division under the current Constitution.’

His tenure coincided with growing scrutiny over delays in the Judiciary, with colleagues crediting him for firm case management and reducing backlog.

He later chaired the Judiciary’s Community Service and Probation Committee, overseeing the release of more than 7,000 petty offenders through non-custodial measures, helping decongest correctional facilities.

Institutional battles

Justice Warsame’s elevation to the Court of Appeal in 2012 broadened his influence, where he handled complex constitutional and commercial disputes while maintaining emphasis on legal certainty and procedural discipline.

Beyond adjudication, he served for a decade at the JSC between 2013 and 2023, representing Court of Appeal judges. His tenure placed him at the centre of a constitutional dispute over the independence of the commission.

After his peers re-elected him in 2018, then President Uhuru Kenyatta declined to gazette him and sought parliamentary vetting and approval.

The move triggered litigation by the Law Society of Kenya (LSK) and Mr Warsame.

The High Court barred the National Assembly from vetting him, and the dispute reached the Supreme Court, which affirmed that elected JSC members are not subject to parliamentary approval.

The ruling clarified the constitutional framework governing appointments and reinforced institutional independence.

Public profile

During his Supreme Court interview, commissioners said public submissions about him were largely positive, describing him as straightforward and approachable.

Professional bodies, including LSK branches in North Rift and Nakuru, credited him with improving access to justice and addressing case backlog.

‘I would describe myself as a person with a golden heart. I can relate with anybody irrespective of status,’ he said.

Senior Counsel Bar chairperson Phillip Murgor also welcomed his nomination, describing him as a ‘hardworking judge of high reputation’ with ‘unquestionable integrity’.

Justice Warsame also used the interview to outline his judicial outlook, stressing that the Constitution must be interpreted through its text and history rather than public pressure.

‘The Constitution is a social contract,’ he said, adding that courts must give it consistent meaning.

As he awaits parliamentary approval to join the Supreme Court, his nomination comes at a critical time.

The vacancy arose after the death of Justice Mohamed Ibrahim in December 2025, leaving the court below its full seven-member bench.

The court remains central to resolving constitutional disputes and presidential election petitions.

His record reflects a judge who combines strict enforcement of commercial rights with a clear insistence on legality in administrative action.

His rulings in commercial disputes, arbitration and judicial review continue to shape Kenya’s legal landscape as he transitions to the apex court.