Category: Business Daily

The High Court has cleared Tanzanian business magnate to set up a Sh16 billion cooking gas plant and storage facilities at the Mombasa port, escalating a vicious billionaire’s brawl against tycoon Mohamed Jaffer.

Taifa Gas Investments SEZ Ltd got a reprieve after a court struck out a petition challenging its construction of a 30,000 metric tonnes of LPG terminus at Dongo Kundu Special Economic Zone in Likoni, Mombasa.

The suit had derailed Taifa Gas, which is owned by Tanzanian tycoon Rostam Aziz, after the energy regulator gave the firm the nod to build the mega plant in 2022.

The entry of the business magnate, who was ranked the first dollar billionaire in Tanzania by Forbes in 2013, signals a vicious battle for control of the Kenyan cooking gas market that remains under the tight leash of Mr Jaffer, a Mombasa-based tycoon.

The Court ruled that, having come to the finding that issues and parties in the petition were the same as those in the National Environmental Tribunal (NET) appeals, it followed that the petition was re judicata (issue having been adjudicated upon and determined).

‘The finding that the respondent’s (company’s) preliminary objection on the ground of res judicata is upheld, suffices to determine the petition and application,’ ruled the court.

Mr Aziz had in 2021 complained that Nairobi went mute on his 2017 enquiry to build an LPG plant, lamenting the barriers for Tanzanian entrepreneurs seeking a presence in Kenya.

Taifa Gas is the largest LPG supply company in Tanzania and has been feeding the Kenyan retail market via road.

Now, Mr Aziz is seeking a large share of Kenya’s LPG market.

It also sets the stage for a billionaires’ fight pitting Mr Jaffer and Mr Aziz that is first expected to cut the cost of handling and evacuating cooking gas from the ships to the mainland, allowing dealers to transfer the cost relief to consumers.

Just like Mr Jaffer, Mr Aziz has invested in building political networks that saw him serve as MP and treasurer of the Tanzanian ruling party — Chama Cha Mapinduzi (CCM).

Mr Aziz’s ambitions to establish a retail cooking gas presence in Kenya look set to trigger another market fight with oil dealers like Vivo, Rubis and Total, for control of the 2.87 million households (23.9 percent of Kenyan households) that use the fuel for cooking. ‘This ruling is not only a vindication of our commitment to due process and environmental responsibility, but also a milestone for Kenya’s energy transition,’ said Mr Aziz on Saturday in a statement.

‘Our 30,000-metric-ton LPG terminal, the largest in Africa, will expand access to clean energy, strengthen regional energy stability, and create new pathways for prosperity,’ he added.

This will be right at Mr Jaffer’s doorstep, with his firm Africa Gas and Oil Ltd (AGOL) operating a multi-billion shilling facility in the same area.

It is unclear what AGOL charges oil firms for handling cooking gas, but the lack of stronger players in the business suggests a lack of significant competition that has kept the fees high.

AGOL has a storage capacity of 25,000 tonnes of LPG following an earlier upgrade of the facility, initially built in 2013.

The Environment and Land Court (ELC) ruled that it was apparent from the petitioners’ evidence was based on the project requisite approvals and permits from the National Environment Management Authority (Nema).

It further noted that the petitioners’ claim was not essentially about their constitutional rights and freedoms being infringed or threatened by project-related works, but was questioning the process and status of (project) approval and execution.

‘The petitioners’ claim in this petition is therefore not a constitutional petition, but a challenge on the respondent’s Environmental Impact Assessment (EIA) licence to the LPG project,’ ruled the court.

‘The court therefore has no reasons or basis upon which to fault the process undertaken by the respondent and approvals obtained in respect of their LPG project,’ ruled the court.

The ELC ruled that, having found that NET is within its jurisdiction to address any appeals relating to the EIA licence issued to Taifa Gas Investments SEZ Ltd by NEMA, then the case was filed before it prematurely.

The court ruled that the right forum to seek relief from was the Tribunal and that it (court) would be approached through an appeal.

The petitioners claimed LPG plant and intended to clear indigenous natural trees and vegetation as well as excavate the land, arguing it will lead to soil erosion and environmental degradation of the land and its environs.

They were also seeking compensation from Taifa Gas Investments SEZ Ltd for the destruction of the environment, indigenous trees and vegetation and excavation works in violation of the law.

Jaffer’s AGOL was built to allow for bulk imports of cooking gas to lower unit costs through economies of scale and curb shortages, which had been made difficult by the smaller import terminal at Shimanzi.

The AGOL plant and Proto Energy, the maker of Pro Gas, have offered Mr Jaffer a firm grip on the lucrative cooking gas market.

The business mogul is also the owner of Grain Bulk Handlers, which has a near monopoly in the discharge and handling of bulk grain cargo at the Port of Mombasa.

Private companies have been angling to benefit from the growing use of cooking gas in Kenya in the absence of investments by the government via import and storage facilities.

Kenya Power targets to onboard power plants with a combined 1,112 Megawatts (MW) to the national grid, with talks with producers set to speed up after Parliament lifted a freeze on new power purchase agreements (PPAs).

A brief from the Cabinet Secretary for Energy and Petroleum, Opiyo Wandayi shows that the negotiations with the 54 power producers are at various stages, with some set for further talks this month.

Parliament lifted a seven-year moratorium on new PPAs last week paving the way for resumption of the talks with concerns that the country is tinkering on a crisis amid power rationing and increased reliance on imports from Ethiopia and Uganda. Majority of the 54 power plants are for hydropower with the rest being for wind and solar. The biggest one of these will be two wind power plants, each with a capacity of 100 MW.

‘KPLC commenced engagement on PPAs with 65 generation projects with a total of 1,112 MW and majority being small hydropower,’ the brief reads.

‘Developer shared a marked-up draft PPA and updated the financial model. However, mark up showed the developer disagreed with most of KPLC’s position. Requested developer to share matrix of issues and final positions on issues before team resumes PPA drafting.

Developer scheduled for a meeting within November 2025,’ Kenya Power says on one of the plants.

The negotiations include four other wind plants, each with a capacity of 50 MW. These are owned by Chania Green, Prunus Energy Systems, Aperture Green and Sub-Sahara W.

One of the 100 MW wind plant is owned by Hewani Energy whose joint owners are Seriti Green of South Africa and Eurus Energy of Japan.

This plant will be built in Meru County. The other is owned Kipeto Energy, a power producer which already has another running PPA with Kenya Power. Most of the negotiations were put on ice after MPs extended the freeze on new PPAs two years ago as the lawmakers sought more time to investigate the existing PPAs blamed for steep prices of electricity.

The moratorium has left Kenya in a scenario where a surging demand has outstripped local generation, forcing Kenya Power to increasingly lean on Ethiopia and Uganda to shore up supplies.

Electricity imports have significantly grown over the last four years with their share in the national grid more than doubling to 10.6 percent or 1.53 billion kilowatt-hours (kWh) in the year to June 2025 up from 4.87 percent a year earlier and one percent in 2021.

Increased importation of electricity from Ethiopia and Uganda has helped to avert power rationing (from 5pm to 10pm) on a bigger scale.

Power rationing is the controlled and temporary cutting of electricity supply to consumers to avert overloads on the grid when demand exceeds the available generation capacity.

Kenya Power is now expected to speed up talks with the power producers following the lifting of the moratorium.

Expeditious talks are critical in helping to avert the power generation crisis by ensuring no further delays to efforts of onboarding new power plants. It takes at least one and half years to construct a plant.

The disclosures further show that Kenya Power held a number of meetings with the power producers last month. Most of the firms are pushing for financial closures to pave the way for the start of the projects.

The High Court has struck out a petition seeking the removal of Kenya Railways Managing Director Philip Mainga over allegations of corruption, irregular procurement and fraudulent land compensation payments.

In its decision, the court ruled that it lacks jurisdiction to intervene in matters reserved for statutory bodies.

Human rights defender Eric Kithinji Mwiti had petitioned the court in September 2024, accusing Mr Mainga of violating constitutional principles under Articles 10 (national values), 73 (leadership integrity), and 232 (public service ethics). The petitioner alleged that Mr Mainga engaged in irregular procurement.

He also alleged fictitious compensation payments for land in the Datuto/Dafur Settlement Scheme and embezzlement of public funds, undermining Kenya Railways’ financial integrity.

The petitioner sought an order declaring Mr Mainga’s continued stay in office was against public interest, a criminal investigation by the Ethics and Anti-Corruption Commission (EACC), prosecution by the DPP, and an injunction halting further compensation payments.

However, the court upheld Mr Mainga’s preliminary objection, emphasizing the separation of powers and statutory mandates.

It was argued that the CEO’s removal was beyond the court’s powers. Mr Mainga argued that Kenya Railways Corporation Act vests removal powers exclusively in the Cabinet Secretary, not the Judiciary.

He stated that bypassing statutory removal processes would violate legal procedures, adding that challenges to land payments fall under the Land Acquisition Tribunal and the Environment and Land Court, not constitutional petitions.

The court conceded, ruling that though corruption allegations remain serious, petitioners must use proper legal channels and the anti-corruption legal framework.

‘The body with which the petitioner ought to have raised this complaint first is the EACC, as it is the one with the primary mandate to oversee public officers on matters of values and principles of governance under Chapter 6 of the Constitution,’ said the court.

It noted that the petitioner had not complained to the EACC.

Another finding was that the EACC and DPP operate independently under Articles 249 and 157 of the Constitution and courts can only intervene if these bodies abdicate their duties.

Since no such failure was proven, the petition was dismissed.

‘This is a perfect case to invoke the doctrine of judicial abstention, which allows this court to refrain from overstepping its judicial authority to allow the proper functioning of other government organs or bodies. The Petition is therefore struck out,’ said the court.

Kenya’s tax system is entering a new era of automation. On November 7, the Kenya Revenue Authority (KRA) announced that from 2026, it will automatically verify tax returns against eTIMS invoices, withholding tax (WHT) filings and customs records to ensure that expenses and incomes match official data.

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On November 12, KRA further announced that effective December 1, all bank guarantees shall be executed exclusively through the integrated Customs Management System (iCMS).

This shift marks a decisive move toward tech-driven tax verification, promising speed and efficiency – but also raising the stakes for taxpayers. It comes at a time when KRA is under pressure to expand the tax base and raise tax-to-GDP ratio to 22 percent. The journey to this point has been gradual. It began with the introduction of the Tax Invoice Management System (TIMS) in 2022 to replace the Electronic Tax Register (ETR) regime in force since 2005. TIMS required VAT-registered businesses to purchase specialised devices to issue invoices.

The aim was to create a secure, standardised way of capturing VAT transactions and transmitting them to KRA real time. It also made it harder to fake invoices or manipulate records while making VAT audits easier by closing gaps on VAT reporting.

However, the hardware requirement and technical hurdles made it costly for businesses. In response, KRA launched eTIMS in 2023 – a software solution accessible via computers, smartphones, and USSD.

At this point the focus also expanded to cover income tax.

Initially, eTIMS compliance was limited to VAT-registered taxpayers. However, legislative changes under the Finance Act 2023 and the Tax Procedures (Electronic Tax Invoice) Regulations, 2024 expanded the scope significantly.

From January 1, 2024, all businesses – whether VAT-registered or not – were required to issue eTIMS invoices. The rationale was simple: for an expense to qualify for income tax deduction, it must be supported by an eTIMS-compliant invoice.

The regulations also revoked the exemption that spared traders with annual turnover of below Sh5 million from mandatory eTIMS compliance. KRA argued the exemption hindered efforts to expand the tax base and track financial flows in the informal sector.

To accommodate small enterprises, simplified solutions such as eTIMS Lite (Web), a mobile app, and a USSD option (*222#) were introduced, ensuring accessibility in remote areas.

Initially, compliance uptake remained slow due to technological barriers and limited awareness. As a result, KRA extended onboarding deadlines, intensified public education, and introduced sector-specific solutions like the eTIMS Fuel Station System – mandatory for all petroleum retailers by June 30, 2025 as the latest eTIMS update.

eTIMS has redefined the approach to tax compliance. First, it creates a direct link between the income declared by one taxpayer and the corresponding expense claimed by another. Every electronic invoice is transmitted to KRA real time and linked to the seller’s and buyer’s PIN.

When the buyer claims that invoice as an expense, KRA will match the figures and descriptions. This creates a traceable link by ensuring both sides of the transaction are visible and subject to the correct tax treatment.

Second, automated checks ensure expenses are not claimed multiple times or by entities that did not incur them. It blocks inflated or fictitious expenses-since only costs supported by valid eTIMS invoices can be deducted. Finally, by requiring all businesses to issue eTIMS invoices, it brings previously unrecorded transactions into the tax net.

The KRA uses WHT records for several checks. First, if you earn income subject to WHT, the taxman compares the gross amount in the WHT return with what you declared in your tax return.

If the figures don not match, this gap is identified and a compliance alert raised.

The check also links the payer’s WHT filing to the payee’s tax return to prevent situations where one party claims an expense, but the other fails to declare the income.

Second, for businesses claiming expenses where WHT applies (like professional fees or rent), KRA checks if WHT was remitted. For customs, the system match tax returns with declarations in iCMS to confirm goods were actually imported, values align with customs records, and duties were paid.

Looking ahead, the integration of eTIMS with other compliance tools will deepen. KRA has already linked Tax Compliance Certificate issuance from October 2025 to eTIMS registration.

To succeed in this automated environment, businesses must ensure harmony across all records. All data points – financial statements, eTIMS invoices, WHT records, and customs records – must tell the same story to avoid costly mismatches.

The Supreme Court has overturned a Sh34 billion exposure against Standard Chartered Bank in a long-running dispute with clothes maker-Manchester Outfitters over a loan borrowed in 1982.

In a landmark decision, the apex court held that a debenture and other securities remain valid and enforceable for both the original and subsequent loans, ensuring that the original security agreements continue to apply for future advances unless they are formally discharged.

The verdict, delivered on Friday, reversed a December 2022 Court of Appeal decision that had directed Standard Chartered Financial Services Limited to pay Manchester Outfitters (now King Woolen Mills Limited) damages, after it appointed receivers for the firm and later auctioned its property over a defaulted Sh9 million loan.

The appellate court had reasoned that Standard Chartered should have sought fresh securities when the foreign currency loan was converted into Kenya shillings. It held that the appointment of the receiver-manager and the subsequent auction were irregular, leading to a damages award that grew to Sh34 billion, according to submissions made by lawyers in court.

However, the apex court overturned the decision noting that the bank did not need to obtain new securities following the conversion of the loan to Kenya Shillings.

‘It is our considered position that a bank or financier is not required, as a matter of law, to register fresh securities every time a new advance is made, where existing securities remain valid and undischarged, unless the terms provide otherwise,’ the court said.

The Supreme Court clarified that lenders are not required to register fresh securities when loans are converted into local currency. The apex court added that charges and guarantees are only cleared when the proper documents are signed and the charge is removed from the register.

The dispute dates back to 1982, when Manchester Outfitters borrowed a loan from Standard Chartered Merchant Bank (SCMB), London.

To secure the loans, Standard Chartered Financial Services Ltd guaranteed the loan in favour of SCMB, while Manchester Outfitters provided additional securities.

On October 7, 1986, Standard Chartered Financial Services took over and settled the foreign loan, converting the outstanding balance into a local currency loan of Sh9 million.

The appellate court had reasoned that Standard Chartered should have sought fresh securities when the foreign currency loan was converted into Kenya shillings. It held that the appointment of the receiver-manager and the subsequent auction were irregular, leading to a damages award that grew to Sh34 billion, according to submissions made by lawyers in court.

However, the apex court overturned the decision noting that the bank did not need to obtain new securities following the conversion of the loan to Kenya Shillings.

‘It is our considered position that a bank or financier is not required, as a matter of law, to register fresh securities every time a new advance is made, where existing securities remain valid and undischarged, unless the terms provide otherwise,’ the court said.

The Supreme Court clarified that lenders are not required to register fresh securities when loans are converted into local currency. The apex court added that charges and guarantees are only cleared when the proper documents are signed and the charge is removed from the register.

The dispute dates back to 1982, when Manchester Outfitters borrowed a loan from Standard Chartered Merchant Bank (SCMB), London.

To secure the loans, Standard Chartered Financial Services Ltd guaranteed the loan in favour of SCMB, while Manchester Outfitters provided additional securities.

On October 7, 1986, Standard Chartered Financial Services took over and settled the foreign loan, converting the outstanding balance into a local currency loan of Sh9 million.

East African cities such as Nairobi, Kampala and Dar es Salaam are witnessing an expansion of digital infrastructure on a scale not seen before. Banks are embracing cloud computing; governments are digitising public services and mobile platforms have become the default channel for millions of citizens.

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These innovations will help people get into the economy and work better. But now, the region must deal with a new reality.

When important services depend on digital infrastructure, any threat to the infrastructure is not just an IT problem. It is a public and economic risk. This has elevated cyber risk to a core government and boardroom issue.

Globally, cybersecurity strategies are shifting to meet these new realities. The NTT DATA Technology Foresight 2025 report highlights ‘accelerated security fusion,’ an approach that integrates real-time analytics, AI-powered threat detection and advanced security tools into unified systems.

For East African enterprises, this model offers a way to overcome persistent challenges of fragmented infrastructure and limited resources.

Traditional perimeter-based security approaches are no longer sufficient, especially in an era of hybrid work and cloud-driven operations.

A zero trust architecture – where every access request is treated as untrusted until verified – provides a more dynamic and effective way of managing risk.

Artificial intelligence is at the centre of the new cybersecurity battlefield. On the one hand, AI-driven behavioural analytics can detect anomalies that point to insider threats or compromised accounts.

Local banks, phone companies or even county governments can now put in systems that watch for strange patterns in real time. These systems can look for suspicious transactions that may show fraud or money laundering. On the other hand, AI is a double-edged sword.

The same tools that defenders use to detect anomalies can be exploited by attackers to craft highly convincing phishing messages or automate intrusion attempts. In a region already grappling with a shortage of cybersecurity professionals, the risk of falling behind in this AI-powered arms race is significant.

Addressing these challenges requires collaboration. Cyberfusion centres, which bring together threat intelligence, incident response and risk management, offer a proactive model for security.

While building such centres may appear beyond the reach of many East African firms, regulators, industry players and technology providers can collaborate to create shared intelligence frameworks and sector-wide defences. Information-sharing and joint capacity-building initiatives could help spread best practices across borders, reducing the asymmetry between attackers and defenders.

At the same time, the region must prepare for tomorrow’s risks. The coming era of quantum computing poses an entirely new frontier of danger, with the potential to render current encryption standards obsolete.

For institutions managing sensitive data – such as national ID registries, financial systems or health records – preparing for post-quantum security is no longer theoretical; it is a present-day necessity. Similarly, identity protection must evolve.

Biometrics, multiple-factor authentication and continuous verification must be part of user experiences. This will ensure protection without making it harder to use. Cyber risk should also be elevated firmly into the boardroom agenda, with directors treating it as a core business issue rather than a back-office technical matter.

Technology alone, however, cannot secure East Africa’s digital future. Human capital is equally critical. Closing the cybersecurity skills gap requires investment in training, university programs, industry partnerships and regional centres of excellence. Just as important is public awareness.

Many breaches still begin with a simple human error – a careless click on a phishing link or a weak password. Getting people to do small but helpful things, like making it easier to log in with more than one password or reporting suspicious emails, can help the region become more resilient.

Securing our digital world is not only a technical challenge – it is a societal responsibility. Governments, businesses and individuals must all play their part. East Africa’s digital future is filled with promise, but that promise will only be realised if it rests on a foundation of trust, resilience and security.

The question is not whether the region will face another breach, but how prepared it will be when that breach comes. The time to act is now. By adopting advanced strategies, collaborating across sectors and investing in both technology and talent, East Africa can stay ahead in the cyber arms race and secure a digital future that benefits all its citizens.

Esther Shisoka has an unmistakable magnetism that makes you pause mid-sentence when you first meet her. It lies in her warmth and charm, and in the quiet confidence that seems to radiate effortlessly from deep within her. Perhaps it is a glow honed over decades of doing humanitarian work around the world, touching lives and gathering wisdom.

When we meet on a crisp morning at a gym on Kiambu Road, she has already been working out for half an hour. It’s 7.30 am. She is wearing a red bandana and is drenched in sweat, smiling as if the session were a leisurely stroll rather than the gruelling routine her coach, Sophie, has put her on.

‘How old do you think I am?’ she asks, her eyes twinkling mischievously as she meets my curious gaze.

‘Fifty. at most,’ I say.

She bursts into laughter. ‘People have given me even less than that,’ she fires back.

It’s hard to argue with that. At 62, Esther looks as though she has managed to turn back time.

‘I still look pretty, don’t I?’ she teases.

For Esther, fitness isn’t a New Year’s resolution or a vanity project undertaken in a midlife panic. It’s woven into the fabric of who she is. Movement has never been a hobby for her, but a way of life.

She has been active since childhood, and though life has presented her with familiar challenges – career, motherhood, changing priorities and an evolving body – she has never wavered in her commitment to staying fit.

“I’ve been active all my life, since I was a young child,” she explains, between sets of a full-body workout.

“But of course, as you get older, a lot changes. Life gets in the way, there’s the job, the family. As a woman, your body transforms with time. But even then, I’ve always found ways to ensure I’m consistently working out.”

Her humanitarian work is a passion that she has pursued for years and it demands extensive travel. She spends weeks or even months in different countries, addressing crises, building programmes and changing systems. It’s the kind of schedule that would give most people her age, or even younger, a convenient excuse to abandon their fitness routines.

Not Esther, though.

“Even when I’m away on such trips, I will always find ways to stay active. Who says I can’t stay pretty at 62?” She dissolves again into her signature laughter.

Back surgery

But beneath the hearty laughter and easy smiles lies a more complex story. Even as she pumps iron with focused determination and admirable precision, a nagging, often excruciating pain courses through her back. This is evident in the slight wince between reps, the momentary pause before lifting, and the careful adjustment of posture.

“My threshold for pain is quite high, so I tend to ignore a lot of stuff. I began feeling it (the back pain) about three years ago and assumed it would go away over time, but it didn’t. The pain would come and go. However, with time, it got so much worse, so excruciatingly painful that sometimes I couldn’t walk or sleep well.”

Last year, she finally decided to seek answers.

‘The MRI scan revealed that one of my spinal discs had moved out of position.’

When the misaligned disc presses against her sciatic nerve, the pain travels from her lower back to her hip and down her knee. ‘Some days can be really painful,’ she admits.

So why does she keep lifting weights? Why maintain such an active routine while dealing with an injury that would stop most people in their tracks?

Esther smiles, revealing both defiance and discipline.

‘That’s why I have coach Sophie with me. She guides me and makes sure I don’t do anything that can make it worse. But I can’t just sit and do nothing. That’s not me.’

Surgery is her only remaining option after physiotherapy and chiropractic sessions failed to help, and it has already been scheduled for January.

Until then, she is simply adjusting her workouts, keeping them lighter but refusing to stop altogether.

Given her lifelong level of activity, her doctor is confident that she’ll be back on her feet within a month of the operation. Esther can’t wait.

The injury has slowed her progress, limiting the targets she has set for her body. She misses her former stamina and the intense, unrestrained challenges she once set herself.

The irony of her injury isn’t lost on her. The very activity that defined her vitality for years is what caused this setback. According to her doctor, the displaced disc stems from decades of intense running.

“I used to do lots of running and half marathons. I would clock probably 100 kilometres every week,” she recalls.

“The doctor says the movement of the disc was a result of the constant impact of my leg hitting the pavement during all those years of running.”

Each chapter of Esther’s fitness journey reveals another dimension of her athletic past.

“That’s why I tell you, it would be torture for someone to ask me to pause from exercising because of the back issue. You know, when I started, I used to do track and field, play field hockey, and then run. In between all that, I also trained in karate.”

The karate story

“That phase kind of ended when I was about to get my black belt because I was moving to another continent,” she says with a hint of regret.

“But I can tell you, with karate it’s like riding a bicycle: Once you learn it, you never forget the moves. If you don’t ride for a while, when you get on, you might wobble, but the groove doesn’t take long to get back. The same applies to karate.”

Those three years of karate training were transformative. They sharpened her reflexes, strengthened her mobility and taught her the kind of discipline that still anchors her today, even in times of pain.

Watching her perform a knee plank – balancing gracefully on one knee with the other leg suspended in the air while holding a dumbbell steady with one arm – makes her point immediately clear.

Even at 62, Esther plans to return to karate, but this will depend on her recovery after surgery.

Watch what you eat

Once the weights have been racked and the sweat has been towelled away, Esther’s discipline extends to her home.

She is intentional about what she puts on her plate, a commitment she believes is especially crucial for women navigating their menopausal years.

‘As you age, your metabolism slows down. Exercise helps, yes, but it can only do so much when age is working against you. That’s why I’m very cautious about what I eat,’ she says.

She speaks candidly about menopause – another chapter of change that is often unspoken of yet deeply felt.

‘Women my age go through hormonal shifts that can be so unpleasant, the hot flashes, mood swings, sweating, and sleepless nights. Exercise helps, but diet is key. Hormones are triggered by what we eat, so you have to feed your body nutrient-rich foods to help keep them in balance.’

For Esther, that balance comes through a simple routine. She practises OMAD (one meal a day), often enjoying a clean, wholesome plate of chicken or fish paired with a bowl of homemade vegetable salad, which she eats later in the day.

‘I’ve never had a sweet tooth. I don’t take sugar at all. Even my white tea is sugarless. I also try hard to stay away from wheat and any processed foods.’

KCB Group has started auctioning assets of former Spencon Kenya Limited directors to recover a Sh1.35 billion loan, drawing to a close years of legal disputes with the Moi-era construction powerhouse that collapsed.

Legacy Auctioneering Services, the firm overseeing the auction, has put up for sale three properties comprising developed and undeveloped land located in Nairobi’s Runda, Thigiri and Embakasi estates. The auction is set for November 25, 2025.

Spencon was founded in 1979 and rose over time, executing more than 200 infrastructure projects across eastern and southern Africa, before falling into administration in 2017 after years of financial trouble.

The assets on auction belong to former directors of Spencon who had guaranteed the firm a Sh871.27 million loan that grew to Sh1.35 billion. The construction firm, which was prominent during the reign of President Daniel Moi, defaulted on the loan and was placed under administration.

The default triggered a lawsuit in which KCB sought to auction the assets that the directors had used as security for the firm’s loan. The bank has now moved to auction the properties amid pushback from the directors.

US investment firm Emerging Capital Partners (ECP), which in 2006 and 2007 invested a total of $15 million in Spencon – including $1.5 million of British government aid money – attempted to rescue the company but failed.

Around 2015, ECP appointed two Britons, Andrew Ross and Steven Haswell, to lead the turnaround, but the rescue effort was unsuccessful, with the duo exiting amid suspicion that they had colluded to sink the firm further.

The Runda property to be auctioned by KCB is an undeveloped parcel measuring 0.9956 acres and is registered in the names of Raveen Prakash Sharma and Jatendra Chotabhai Patel – both shareholders and directors of Spencon.

The Thigiri assets comprise two vacant plots measuring 0.5668 and 0.4722 acres, respectively, held by Aviaspen Kenya Limited.

In Embakasi, the auction includes two parcels of 0.9884 acres each, hosting a plastic recycling plant and a go-down. The land is registered in the name of Rex Developers Limited. Ashutosh Sharma is the director of both Aviaspen and Rex.

Spencon defaulted on the loan, prompting KCB to issue statutory notices to the firm and its directors – who had guaranteed the facility – demanding repayment of Sh871.27 million.

The directors moved to court and secured orders restraining KCB from auctioning the properties used as security. They argued that, having exited the company, they should be discharged from the guarantees, since the properties were pledged in their personal capacity as third-party securities.

The directors lost the suit in October last year, with the court granting KCB the right to proceed with the sale of the properties. However, they obtained an injunction stopping the bank from enforcing the sale of movable assets.

In a related development, Rex Developers filed a fresh application for an injunction, seeking to block the auction of its properties. The judge directed both parties to submit further arguments by October 23, 2025.

However, since the interim injunction was not extended, KCB currently faces no legal barrier to exercising its power of sale.

The move by KCB marks the latest chapter in a long-running effort to recover loans from Spencon, whose decline left a complex web of legal and financial disputes.

When Wilson Nderitu Macharia walked into an I and M Bank branch, in March 2023, to open an account, he never imagined that what should have been a routine process would draw him into a legal battle with the lender that would last nearly two years.

Like any other customer, Mr Macharia expected the procedure to be straightforward: present his identification documents and be assisted in opening an account.

Instead, he was met with an unexpected demand – the bank required him to either provide a power of attorney or sign a deed indemnifying the lender as a precondition for opening and operating the account.

Reason? He is blind.

As a lawyer and adviser with the International Commission of Jurists (ICJ-Global), Mr Macharia immediately questioned the legality of this requirement and refused to comply.

He sued the bank and won when the High Court ruled that the treatment he received was unlawful and discriminatory. The court awarded him Sh2.5 million for violation of his rights.

Safaricom job

The case between Mr Macharia and the lender mirrors an earlier dispute he brought against Safaricom in 2019, after the company declined to hire him.

In that matter, the court found that although he had not proved discrimination on the basis of disability, Safaricom had violated his right to dignity under Articles 28, 41 and 54(1), as well as his right to fair administrative action under Article 47. He was awarded Sh6 million in damages.

Read: Safaricom fined for declining to hire blind man

Mr Macharia had been invited to attend an interview at Safaricom. He was then asked to sign a contract, only to be informed that the invitation letter had been sent to him in error.

The telco explained that Mr Macharia had not taken and passed the technical and oral interviews, and that he could not expect to be offered a position without having done so.

Safaricom also said that they could not employ him because they were unable to integrate their customer service platform with the specialised software required for the customer experience executive role at that time.

The court noted that the telecoms company had made diligent efforts to develop system integration software that would enable visually impaired people to work as customer experience executives.

Unfortunately, Safaricom explained that such software integration was not possible due to potential configuration conflicts.

The court held that the failure to provide reasonable accommodation for Mr Macharia was due to a lack of software, rather than his visual impairment, and as such there was no infringement of his right to equality.

‘I find the respondent’s failure to provide reasonable accommodation to the petitioner, is a failure to afford an opportunity to the petitioner on account of lack of software but not on account of his visual disability and such there was no infringement on his rights to equality,’ the judge ruled.

The father of three said that he did not take the two institutions to court for financial gain, but rather to set a legal jurisprudence (theory or philosophy of law) and challenge discriminatory practices.

‘In the first case, I was looking for a job and I was denied the chance because of my disability. And in the second case, I had secured a job but the bank refused to take my money,’ he said with a chuckle.

Banking ‘trauma’

In the I and M case, Mr Macharia said that he had been traumatised and had become reluctant to deal with financial institutions.

But, after the court ruled in his favour, he said, ‘No amount of compensation can restore the dignity that was lost during that incident, but it has given me the confidence that I can now go to a financial institution or service provider in the financial sector and know that they cannot violate my rights to control my financial affairs.’

The court ordered the lender to pay Mr Macharia Sh2.5 million in compensation for violating his constitutional rights by denying him access to banking services.

According to the court, the bank’s refusal to allow him to open and operate a personal account due to his blindness his disability constituted discrimination and a violation of his rights to equality, dignity and accessibility, as guaranteed under the Constitution and the Persons with Disabilities Act.

‘Having considered the pleadings, arguments, the decisions relied on, the Constitution and the law, this court can only conclude that the respondent violated the petitioner’s rights guaranteed by Articles 27 and 28 of the Constitution by failing to accord the petitioner reasonable accommodation and allow him full access to services he required,’ said the court.

The court added that the bank had placed impediments in Mr Macharia’s way, thereby denying him participation as an equal member of society and enjoyment of his legal capacity.

The court held that the bank’s demand for Mr Macharia to grant someone else authority to act on his behalf or indemnify the lender was unlawful and discriminatory.

‘A declaration is hereby issued that the requirement by I and M Bank that Macharia donate a power of attorney or sign a deed of indemnity to open and operate a bank account was discriminatory and a violation of Article 27(4) of the Constitution,’ the court declared.

Soft copy and left thumb

The court further ruled that the bank’s refusal to offer services to Mr Macharia on the grounds of his disability infringed his right to accessibility under Article 54(1)(e) of the Constitution and Sections 25(1)(b) and 25(3) of the Persons with Disabilities Act.

The visually impaired lawyer told the court that he had visited the bank’s Panari branch on Mombasa Road in March 2023 to open an account.

Although staff assisted him in completing the forms, he was not allowed to use a thumbprint signature.

Instead, the bank asked him to grant a power of attorney to someone else to operate the account on his behalf, a proposal he declined.

Later, on June 27, 2023, Mr Macharia met with officials from the bank’s legal department who suggested he sign a deed of indemnity as an alternative. When he asked whether this was standard policy, he was told it was not.

Feeling discriminated against, he filed a constitutional petition seeking declarations and remedies for the violation of his rights and fundamental freedoms.

He believed that demanding a power of attorney or deed of indemnity in order to open the bank account was discriminatory on the basis of his disability.

He demonstrated that he could use his screen-reader-enabled phone or personal computer to read and communicate with the bank’s staff via email, but this did not persuade the bank to change its position.

In response, the bank, through an affidavit sworn by Andrew K Muchina, admitted that Mr Macharia had visited its branch, but said he was advised to execute a power of attorney or deed of indemnity in line with internal policy and the Central Bank of Kenya’s Risk Management Guidelines (2013).

These requirements, the lender said, are intended to safeguard customers’ interests while ensuring compliance with laws, regulations and industry practices governing the banking sector.

The bank argued that requesting for a power of attorney or deed of indemnity did not infringe Mr Macharia’s right to exercise legal capacity, but was a standard prerequisite for opening an account, enabling the institution to establish the necessary contractual framework. It added that declining to meet these requirements did not undermine a customer’s dignity, as one could choose to seek banking services elsewhere.

In Macharia’s defence

The Kenya National Commission on Human Rights supported Mr Macharia’s petition, arguing that the bank’s actions were intrusive and a denied him the right to exercise legal capacity.

The court dismissed the bank’s defence, ruling that its actions amounted to unjustified discrimination.

The High Court emphasised that banks and other service providers are required to make reasonable accommodations for persons with disabilities to ensure equal access to services.

In the earlier case, Safaricom defended itself, stating that all the shortlisted candidates, including Mr Macharia and other persons living with disabilities (PWDs), had been invited to attend the two-stage interview.

The PWDs were given fair treatment: they were given extra time for their aptitude tests and a lower pass mark was granted. The company said that it had eventually employed 11 people with disabilities.

However, the telco submitted that integration was not possible at that time due to conflicting software configurations. As such, it was not possible for Mr Macharia to undertake the technical interview. The company urged that adjustments needed to be made to allow for technological advancements to be integrated into the company’s entire system.

Although Mr Macharia had volunteered to bring his own computer, the court was told that it was neither practical nor safe to allow him to do so in terms of company data and operations.

In the July 2021 judgment, the court awarded him Sh6 million in compensation for the violation of his rights.

Companies are ramping up investment in artificial intelligence and predictive technologies to stay ahead of rising security threats such as civil unrest, political instability and fraud, marking a shift from reactive to preventive measures.

Security firm G4S Kenya says biggest jumps in spending in 2026 will be on AI-driven technology and infrastructure, as firms seek to predict threats rather than respond to breaches after they occur.

Corporate security chiefs are increasingly allocating more cash to connect AI-enabled systems with existing biometric access control, smart surveillance and analytics platforms, which can detect unusual movements, recognise potential intrusions and alert human security teams to looming threats in real time.

The findings are based on feedback from chief security officers at 58 large companies in Kenya, whose responses were included in the G4S World Security Report 2025.

‘It’s encouraging to see that the top priority is investment in new technology and infrastructure. This new technology includes AI, and AI involves understanding past incidents, past threats, and therefore predicting where threats and incidents are going to come,’ G4S Kenya chief executive Laurence Okelo told the Business Daily in an interview on November 12, following the release of the World Security Report last month.

‘All these require highly skilled security officers in order to leverage the technology to enhance risk management and security.’

Mr Okelo said that this technological shift is expected to help companies respond faster to incidents and reduce their dependence on traditional manpower-heavy patrols.

About 83 percent of firms surveyed in Kenya intend to increase spending on new technology, followed by physical security and personnel at 79 percent and risk assessments at 71 percent.

Nearly two-thirds of the respondents (66 percent) regard compliance with the Data Protection Act and the increasingly stringent global privacy standards, which have raised the stakes for companies deploying digital surveillance and access systems, as a priority investment area.

The technology shift signals a change in the corporate security approach, shifting the focus from heavy investment in deterrence and incident response systems which are deployed after a breach to AI-powered systems that anticipate and neutralise threats before they occur.

‘The risks that existed 12, 18 or 24 months ago are not the same as those we face today,’ Mr Okelo said. ‘Risk assessments are critical in helping organisations understand these changing vulnerabilities, whether they involve internal operations, external actors or supply chains.’

The findings of the report suggest that civil unrest is the top security concern for companies, cited by 45 percent of the respondents, followed by political instability (43 percent). Meanwhile, 41 percent of the security chiefs cited economic instability as a hazard – down from 52 percent last year, indicating slightly improved confidence in a stable economy.

Mr Okelo attributed the decline in economic risk perception to a more stable outlook and easing financial woes.

‘If you compare the protests in 2025 with those in 2024, both were serious and, unfortunately, resulted in loss of life and damage to property, but they were fewer and less intense this year. When you add that to falling inflation and interest rates, many anticipate a more favourable economic environment ahead,’ he said.