Pair in court over Kura director general’s term

Two citizens have moved to court challenging the continued stay in office of Kenya Urban Roads Authority (Kura) Director-General Silas Kinoti, claiming his six-year term expired in June.

Charles Omondi and Velma Ongalo want the High Court to determine whether Mr Kinoti has a valid legal mandate to continue exercising the statutory functions of the authority’s director-general.

In their petition, the two claim Mr Kinoti was appointed to the position on or about June 19, 2020, for a fixed term and subsequently served a further term which, according to information and documents available to them, expired on June 18, 2026.

They say they have been unable to identify any subsequent appointment, reappointment, renewal, extension or other legal instrument authorising Mr Kinoti to remain in office after that date.

The petitioners are seeking an order compelling Kura to disclose and, where applicable, produce the instrument relied upon as the source of Mr Kinoti’s authority to occupy and exercise the functions of director-general after June 18.

‘An order directing the 1st Respondent (Kura) to disclose and, where applicable, produce the appointment letter, Gazette Notice, board resolution, renewal, extension, reappointment, transitional instrument or other legal instrument relied upon as the source of the 2nd Respondent’s authority to occupy and exercise the office after 18th June 2026,’ they said.

The petitioners claim more than 100 days had elapsed since the alleged expiry of Mr Kinoti’s term when they filed the case.

The High Court in Kiambu, however, declined to temporarily stop Mr Kinoti from exercising the duties of director-general or certify the case as urgent. Instead, the court directed the petitioners to serve the proceedings on Mr Kinoti, the Attorney-General and the Cabinet Secretary for Roads and Transport within seven days.

Kenya’s tourism momentum presents a boon for aviation

The Kenya National Bureau of Statistics (KNBS) recently released data depicting an increase in visitor arrivals from the rest of the world across the first four months of 2026. Arrivals totalled 584,825 between February and April 2026, up from 539,044 during the same period in 2025, representing an 8.5percent year-on-year increase.

Taken together, these indicators point to a tourism sector that is generating greater economic value from each arrival. For us in the airline industry, that creates a clear opportunity to connect Kenya to more travellers and, just as importantly, to make it easier for those travellers to reach the country.

More direct routes and greater frequency, we estimate, will open Kenya to markets that may previously have been difficult or expensive to access. The expansion will also make it easier for repeat visitors to return, encourage business and leisure travel and support the growing number of people who combine several destinations within a single trip.

The significance of such expansion lies in giving travellers greater flexibility and making Kenya more accessible from major global gateways. This is particularly important as the profile of international tourism continues to evolve, with travellers increasingly valuing convenience alongside the destination itself. For Kenya, this presents a strong case for continued investment in connectivity and an opportunity to think about tourism and aviation as part of the same growth story.

The opportunity extends beyond Nairobi as well as the benefits of increased are now flowing flow to other tourism hubs within East Africa, creating a stronger the international gateway with great potential to distribute visitors across the continent.

There is also a wider economic dimension to this because international aviation supports hotels, restaurants, tour operators, transport providers, retailers and countless businesses that depend directly or indirectly on visitor spending. It also enhances trade and investment by connecting Kenya to markets beyond tourism.

Meanwhile, the growth we are seeing today also provides an opportunity to look beyond the immediate recovery in visitor numbers and consider what a more connected Kenya could look like over the next decade. If demand continues to grow, airlines will need to respond with the capacity and networks required to support it.

The encouraging numbers from the first part of 2026 suggest that the foundation is already being laid. The challenge now is to turn that momentum into a sustained cycle that creates opportunities well beyond the tourism sector.

UN, Afcon and Kebs book new look Bomas of Kenya

The United Nations (UN), the African Cup of Nations (Afcon), and the Kenya Bureau of Standards (Kebs) are among the top organisations that have already booked facilities at the Sh31.5 billion new Bomas of Kenya International Conference Centre (BICC) that is set to open its doors in January 2026.

Bomas of Kenya acting chief executive officer Jimmy Okidiangi said the combined capacity of the facility will reach 11,000 people at a time, making it the largest conference centre of its kind in Africa.

Mr Okidiangi said the construction of an ultra-modern convention Centre at Bomas of Kenya started in March 2025 and is set to be completed in December 2026.

He said setting up of the conference venue has been fast-tracked due to a new technology known as Façade that the China Roads and Bridge Corporation (CRBC) is using, which also ensures that the building is soundproof.

‘We have already received bookings from a UN agency, the Afcon and Kebs among other entities and we will also be ready to host the Independent Electoral and Boundaries Commission (IEBC) National Tallying Centre for the August 2027 General Election,’ Mr Okidiangi said during a tour of the facility on Friday.

Mr Okidiangi said the completion of the BIIC main structural building has paved the way for the construction of one of the two five-star hotels at the complex.

‘This modern facility will feature a high-level presidential pavilion capable of hosting up to 32 Heads of State. It will include a convention hall with a capacity of 5,000 participants, 35 meeting halls, and a 15,000-capacity ballroom for banquets, an auditorium with a seating capacity of 3,500, and parking capacity of 3,000 vehicles,’ Mr Okidiangi said.

Turkana’s potential to become a major gold mining economy

Turkana County is increasingly emerging as an important frontier for mineral exploration and investment in Kenya. While it is endowed with a wide range of minerals, including gold, copper, chromite, graphite, gypsum, limestone, garnets, sapphires and uranium, the opportunity presented by gold deserves particular attention.

Government and county geological records have identified gold occurrences in several parts of Turkana, including Nadapal, Lokitang, Nadwat, Makutano, Loima and the Kainuk belt.

The Turkana County Integrated Development Plan lists gold among the county’s mineral occurrences, while the Kenya Yearbook 2025, citing the State Department for Mining, identifies Nadapal, Lokitang and the Kainuk belt among Kenya’s gold-bearing areas.

The wider national picture also demonstrates why Turkana deserves attention. The State Department for Mining has reported that artisanal and small-scale mining accounts for more than 90 percent of Kenya’s gold production and involves more than 250,000 miners nationally. This means Kenya’s gold story is already largely an ASM story, and Turkana is still at an early stage of understanding and developing its potential.

There are already signs of this transition, in 2024, Turkana County Government facilitated a community-consent process for proposed gold exploration at Nameyana in Loima, while AHG Metals Kenya has since secured gold mining licences in the county.

But identifying mineral potential is only the beginning, the real opportunity is to build a mining economy around that potential. This means moving beyond scattered artisanal activity toward a more organised, productive and investable mining ecosystem.

The government has an important role to play in improving geological information, streamlining licensing, developing infrastructure and strengthening security, while ensuring that formalisation is practical and accessible to miners.

The sector will also require access to affordable finance, modern and appropriate equipment, mineral-processing technologies, technical services and structured markets. Without these enablers, mineral potential will remain largely potential.

There has already been progress on formalization, with two artisanal mining permits issued in Turkana, an important step towards bringing miners into the formal economy and creating a foundation for safer and more accountable operations. The State Department’s wider policy direction also recognizes the need to formalize ASM, strengthen cooperatives, improve access to finance and appropriate technology, establish processing and value-addition facilities, and address health, safety and environmental risks.

However, formalization cannot end with the issuance of a permit, a licensed miner must also be able to access geological advice, safe mining methods, appropriate equipment, finance and legitimate markets. This is where professional expertise and private-sector investment become critical.

There is also potential for significant scope for technology to improve mineral recovery, reduce unsafe practices and minimize environmental impacts while increasing the value retained within mining communities. Investment opportunities also extend well beyond extraction, into equipment supply, mineral processing, laboratories, logistics, finance, infrastructure and responsible mineral trading.

This requires a coordinated effort. The national government must provide a predictable regulatory environment and strengthen geological data and infrastructure. The county government has an important role in community engagement, local development and creating an environment in which investment can take root. Industry and investors can bring capital, technology and markets, while professionals provide the technical expertise required to develop the sector safely and responsibly.

The Turkana Gold Summit and Minerals Expo 2026, held in Lodwar from 15th to 17th September, provided an important platform to begin and sustain this conversation. The Summit brought together government, investors, mining professionals, communities, technology providers and other players across the mineral value chain. As an annual event, it will continue to connect Turkana’s emerging mining opportunities with the capital, expertise and partnerships needed to develop them responsibly.

Turkana’s opportunity is ultimately bigger than gold, done responsibly, mining can create jobs, build technical skills, stimulate local enterprises, attract infrastructure investment and open up one of Kenya’s least explored economic frontiers.

The question, therefore, is no longer simply how much gold Turkana has. A mineral occurrence is not yet a mining economy. The real task is to build the geological knowledge, investment, technology, markets and institutions capable of turning that potential into productive mines and lasting value for the people of Turkana.

Small banks make loans expensive on costly funds

Smaller banks are charging higher interest rates on loans to offset the premium they pay to attract deposits, highlighting a funding disadvantage that is increasing borrowing costs for their customers.

Central Bank of Kenya (CBK) data for August shows several small lenders, including Credit Bank and Bank of Africa Kenya, charging loan rates above 17 percent compared with an industry average of 14.34 percent. They were also offering deposit rates of between eight and 11 percent to attract funds.

Fourteen of the 38 commercial banks, mostly smaller lenders, raised their average lending rates in August despite the industry average falling from 14.39 percent in July. This points to divergent pricing trends across lenders even as the Central Bank Rate (CBR) remained unchanged since February.

Credit Bank had the highest average lending rate at 18.69 percent, followed by Bank of Africa Kenya (17.45 percent), Access Bank (17.32 percent), Kingdom Bank at (17.21 percent) and SBM Bank at 17.17 percent.

Some of these lenders were also among those paying the highest deposit rates. Credit Bank offered an average of 11.32 percent, followed by African Banking Corporation (10.84 percent), Kingdom Bank (9.09 percent) and SBM Bank at 8.85 percent.

By contrast, large lenders such as KCB Bank Kenya, Equity Bank Kenya and Co-operative Bank of Kenya charged loan rates closer to the industry average while offering deposit rates ranging from 2.88 percent to 7.40 percent.

KCB Bank Kenya’s average lending rate stood at 14.78 percent in August against a deposit rate of 6.35 percent. Equity Bank Kenya charged 14.9 percent on loans and paid 6.83 percent on deposits, while Co-op Bank’s lending rate was 15.01 percent against a deposit rate of 5.72 percent.

The data highlights the pressure smaller lenders face in mobilising relatively cheaper deposits, forcing them to either absorb higher funding costs or pass part of the expense to borrowers through higher loan rates.

However, the higher lending rates have helped some smaller banks maintain lending-deposit spreads at levels comparable with or above those of larger rivals.

UBA Kenya, for instance, had one of the widest spreads in August, with an average lending rate of 15.81 percent against a deposit rate of 4.41 percent -a difference of 11.40 percentage points.

Access Bank had a spread of 9.77 percentage points, while Bank of Africa Kenya had a 10.1 percentage-point spread. Kingdom Bank and SBM Bank recorded spreads of 8.12 and 8.32 percentage points, respectively.

Credit Bank’s spread was narrower at 7.37 percentage points as the lender offered the highest average deposit rate in the market at 11.32 percent.

Smaller lenders generally have fewer large corporate and institutional accounts and smaller customer networks, increasing competition for deposits. The need to offer attractive returns raises their cost of funds and makes it harder to compete with larger banks on loan pricing.

Large banks, meanwhile, benefit from more diversified and relatively stable funding sources, including corporate and institutional deposits and wider retail customer bases.

The differences in deposit and lending rates show that the easing in the overall cost of credit is not being felt evenly across the banking sector.

CBK cut the CBR from nine percent to 8.75 percent in February and has kept it unchanged since then. The Monetary Policy Committee is set to meet on Wednesday, with the Kenya Bankers Association (KBA) calling for the rate to be maintained, citing relatively stable inflation and exchange rates and continued growth in private sector credit.

‘We view that maintaining the current stance of monetary policy in keeping the CBR unchanged at 8.75 percent would be appropriate to support the ongoing private sector credit growth and sustain economic activity,’ said KBA.

The average lending-deposit spread narrowed to 7.43 percentage points in August from 7.46 percentage points in July, masking the much wider differences between individual lenders.

Supreme Court verdict tests auction of dead borrowers’ assets

The Supreme Court has cleared the way for an appeal expected to examine lenders’ powers and actions when a borrower dies before a mortgaged property is sold.

This follows the court’s dismissal of a bid by Housing Finance Company (K) Limited to stop Faith Wanjiru, the administrator of the estate of the late Harrison Charles Kimeriah, from pursuing the appeal in a 46-year property battle.

‘The case has a significant bearing on the public interest as it affects thousands of borrowers across the country and implicates consumer protection, transparency, and accountability of financial institutions,’ said the court.

The appeal is expected to address and examine what a bank must do before selling property used as security for a loan when the borrower has died, and whether the bank must first deal with any insurance taken out with the loan. The judges are also expected to examine whether a bank must follow additional steps before selling such a property.

‘It is our view that the twin issues of whether there are additional legal requirements and procedures that come into play in relation to the realisation of a security where the chargor is deceased at the time of exercising the statutory power of sale; and the legal and evidentiary obligations and requirements of a charge with respect to an insurance policy taken in relation to the loan facility transcends the parties herein, amounts to a substantial point of law for determination,’ said the judges.

The five-judge bench said the questions ‘transcend the parties, amount to a substantial point of law for determination, and have a significant bearing on the public interest’.

The dispute originates from a Sh500,000 loan that Housing Finance advanced to Kimeriah in July 1980 and was secured by a charge over property registered as L.R. No. 7793/6 in Nairobi, jointly owned by him and his wife.

Kimeriah repeatedly failed to service the facility and had admitted arrears in earlier proceedings, blaming the default on financial difficulties affecting his business.

In 2000, the parties recorded a consent setting out how the outstanding amount would be paid, but the Court of Appeal found that Kimeriah did not comply with the agreement. He died in January 2005 before the loan was fully repaid, and Housing Finance later sold the charged property by private treaty for Sh10 million the following year.

His widow later challenged the sale, saying the lender should have maintained the agreed insurance and failed to serve her with required notices. She claimed the property and its developments were worth Sh150 million.

The High Court in Nairobi ruled in her favour on November 30, 2023. It found that the loan had been fully repaid and awarded her Sh150 million, plus costs and interest.

Housing Finance appealed, challenging findings on default, statutory notices, insurance and the award. The Court of Appeal considered whether the sale was lawful, whether the lender breached the insurance terms and whether the Sh150 million award was justified.

On July 4, 2025, the Court of Appeal overturned the High Court judgment and dismissed the suit. It found that the borrower had defaulted and that Housing Finance’s power of sale had accrued.

The appellate court also found that Kimeriah’s advocates had acknowledged receipt of a statutory notice and contested the amount claimed. It rejected the High Court’s finding that Housing Finance had an overriding duty to keep the property insured after default.

The court further said the High Court had not provided a basis for the Sh150 million award. It noted that Kimeriah had received Sh40 million from the purchaser after the claim against him was compromised by consent in April 2013.

Ms Wanjiru then sought certification to appeal to the Supreme Court. On May 15, 2026, the Court of Appeal granted permission, identifying two questions concerning deceased borrowers and mortgage insurance.

Housing Finance moved to the Supreme Court, arguing that the dispute was private and did not raise a question of general public importance. It said the certified issues had not been properly pleaded or determined in the lower courts.

Ms Wanjiru opposed the application, arguing that the law remained unsettled on lenders’ duties where a borrower dies and insurance forms part of the loan arrangement.

The Supreme Court rejected Housing Finance’s challenge and held that the certified questions had been canvassed in the lower courts and had a foundation in law.

The judges said the questions concerned ‘the unsettled question of processes that may arise upon the intervening death of a chargor’ and uncertainty over ‘the purpose and effect of an insurance cover’.

The court also said the issues affect borrowers beyond this dispute. It specifically found that they affect ‘thousands of borrowers across the country’ and implicate consumer protection, transparency and accountability in financial institutions.

The court dismissed Housing Finance’s request and upheld the Court of Appeal’s certification ruling. It permitted Ms Wanjiru to appeal on whether additional requirements apply when a lender sells security after a borrower dies and on legal and evidentiary requirements concerning loan insurance.

Phone, data costs limit Kenyans from full digital participation

The cost of internet-enabled phones remains a major barrier for Kenyans who know about mobile internet but are not using it, while the price of data is limiting how much existing users go online.

A new study by the mobile industry lobby group GSMA and the Partnership for Digital Access in Africa (PDAA) shows that among Kenya’s adult urban population, 68 percent use mobile internet, while 27 percent are aware of it but do not use it and six percent remain unaware.

In rural areas, 49 percent use mobile internet, 38 percent know about it but do not use it, and 13 percent remain unaware.

For people who are aware of mobile internet but remain offline, the cost of an internet-enabled handset is the biggest reported barrier in both urban and rural areas.

Among those already using mobile internet, the cost of data is the biggest obstacle to using it more.

This highlights a growing gap between being connected to a network and being able to participate meaningfully in the digital economy.

The research identifies affordability, digital skills and online safety as the main barriers to mobile internet adoption and use globally.

Currently, global smartphone prices are facing pressure from a shortage of memory chips, with manufacturers prioritising supply for high-margin artificial intelligence (AI) data centres.

Global smartphone shipments fell 11 percent year-on-year in the second quarter of 2026 to their lowest second-quarter level since 2013, according to the global market intelligence firm Counterpoint Research.

Rising memory costs have particularly affected entry-level and mid-range devices, which account for much of the market.

For a Kenyan looking for a basic smartphone, it puts pressure on the very part of the market that needs to remain affordable to bring more people online.

The cost of mobile data also presents another problem. The World Bank has previously linked Kenya’s relatively high mobile data prices to the country’s concentrated telecom market, arguing that greater competition could help lower costs and increase usage.

Its 2025 analysis found that Kenya’s mobile market is highly concentrated and linked this structure to higher data prices and lower usage than some regional peers such as Ghana, Nigeria, Rwanda and Zambia.

This puts pressure on traders seeking data to communicate with customers and suppliers, advertise on social media and receive digital payments.

For larger businesses, the growing use of cloud software, online marketplaces, digital advertising and mobile financial services makes connectivity increasingly important, while students need good connectivity for research, online learning and applications.

Communications Authority of Kenya (CA) data shows that demand for mobile internet continues to rise. By June 2026, mobile data subscriptions had reached 64.3 million, up 9.7 percent from 58.6 million a year earlier.

Mobile broadband accounted for 85.5 percent of total subscriptions, with 4G accounting for 48.3 million. 5G subscriptions more than doubled over the year to 2.1 million, while the number of feature phones connected to mobile networks continued to fall.

‘The continued shift towards internet-based communication and digital content, including over-the-top and video-on-demand services, is expected to drive demand for broadband connectivity and active bandwidth capacity,’ the CA said.

But as networks become faster and more capable, customers need increasingly capable devices and larger data bundles to take advantage of them.

The GSMA research shows that while 68 percent of Kenya’s urban adults use mobile internet, the share falls to 49 percent in rural areas.

Rural Kenyans are also more likely to be aware of mobile internet without using it, with 38 percent in that category compared with 27 percent in urban areas.

The GSMA argues that countries need to look beyond the number of towers or the percentage of the population covered by a network when measuring digital inclusion.

Its priorities include accelerating migration from 2G and 3G to smartphone-based 4G and 5G use and integrating energy and connectivity investment.

Mobile operators rely on diesel to power some network sites in areas without reliable grid electricity. The GSMA has previously warned that rising fuel costs due to the Middle East conflict can increase network operating expenses and put pressure on the affordability and reliability of mobile services.

‘Reducing the cost of reaching rural and underserved communities through shared infrastructure, innovative technologies, outcome-based public funding and anchor demand from schools, healthcare facilities and other public institutions,’ the association adds.

This means Kenya can continue expanding 4G and 5G coverage and rolling out faster networks, but if smartphones remain too expensive for those still offline and data remains too costly for those already connected to use it more, a significant part of the population will continue to sit on the edge of the digital economy.

Rising costs choke firms despite growing demand

Businesses are passing rising fuel, transport and agricultural costs to consumers at the fastest pace in nearly three years as stronger demand and improving cash flows revive private-sector activity, findings of a monthly survey suggest.

The Stanbic Bank Kenya Purchasing Managers’ Index shows that new orders in September rose for the fourth consecutive month, with businesses citing stronger market demand, customer referrals, marketing campaigns and cash injections as drivers of sales growth.

Firms, however, struggled to keep up with growing demand, with output contracting for a seventh consecutive month as high costs and supply shortages choked operations.

The PMI– measures economic performance in the private sector such as output, new orders and employment– rose to 51.3 in September from 49.7 in August, returning to growth territory as customer demand strengthened.

However, recovery remains modest, with the latest reading matching the one in July. Christopher Legilisho, economist at Stanbic Bank, described the marginal boost in September as ‘a demand-led improvement in private sector conditions rather than a broad-based recovery in activity’.

‘Manufacturing, construction and services expanded, while agriculture, wholesale and retail remained under pressure,’ Mr Legilisho said in the report on Monday.

Higher cost of fuel, transport and agricultural inputs, alongside material shortages, limited ability of businesses to respond fully to stronger demand, according to the feedback from the PMI survey which targets about 400 corporate managers across key sectors.

Nearly a third (about 30 percent) of surveyed companies reported higher total input costs in September, compared with one percent that recorded a decline.

Businesses battled higher fuel costs and more expensive agricultural products, including milk, as shortages added to their expenses.

They responded by raising selling prices at the second-fastest pace since November 2023, with only June recording a faster increase. A fifth of surveyed firms in agriculture, manufacturing, construction, wholesale, retail, services and mining increased their prices during September, compared with two percent that cut them.

The PMI survey found that firms were mainly responding to higher input costs, although stronger demand and wider goods shortages also contributed to price increases.

The pressure came as inflation rose to 6.76 percent from 6.59 percent in August, extending the period above five percent to six months in a row.

The September inflation rate was the highest since January 2024, when inflation stood at 6.85 percent, with food and transport costs squeezing household and business budgets.

Companies continued to add workers on improving demand, with employment increasing for the fourth consecutive month, a development managers mainly attributed to rising new business and workloads.

The rate of job creation, however, eased slightly but remained faster than the survey’s long-run average, while backlogs rose for a fourth month. Staff costs also continued to jump, although wage inflation softened from August’s seven-and-a-half-year high but remained historically strong amid reports of pay increases linked to cost-of-living pressures.

The combination of stronger demand and higher costs is forcing businesses to balance expansion against protecting profit margins.

‘Continued hiring, rising backlogs and renewed inventory accumulation indicate that firms expect demand to persist, but also suggest that capacity and supply constraints are becoming more binding,’ Mr Legilisho said. ‘Moreover, the acceleration in output price inflation to its second-fastest pace since November 2023 implies that businesses are increasingly passing higher costs to consumers.’

Companies have also begun rebuilding inventories after four months of declining purchases, with stocks of key materials rising to their highest level since June 2025.

The restocking points to expectations of sustained demand, but also reflects concerns about shortages that could disrupt production.

Firms are planning capacity expansion, technology investment, increased marketing, and new products suggesting confidence in the recovery.

The high cost of stalled CBAs in Kenya

Every so often, one crucial sector of the economy or another downs its tools in a labour dispute of national and county impact. This has been common amongst doctors, nurses, teachers and more recently aviation workers.

Even before the dust settles after the recent aviation workers industrial action, the doctors are threatening to down their tools in nationwide strikes. This is as a consequence of the unresolved nurses’ strike, which has been running for more than a month, affecting effective performance of the doctors.

In the latest aviation workers strike that lasted about three days at the end of August at Jomo Kenyatta International Airport. Kenya Airways and Jambojet reported having lost a combined estimated Sh976 million in revenues and disruption-related costs. Other airlines and operators are yet to report the impact on their business, but the flight delays and cancellations were massive.

Central to these industrial actions are stalled Collective Bargaining Agreements (CBAs) occasioned by multiple factors. A CBA is a written agreement concerning terms and conditions of employment made between a trade union and the employer.

The Employment and Labour Relations Court Act requires that such agreements be recognised by the employer and thereafter registered in court to become enforceable. Article 41 of the Constitution guarantees fair labour practices, the right to join trade unions, and the right to strike for both the public and private sector.

CBAs address issues of wages, salary increments, working hours, promotions, redundancy procedures, disciplinary processes, allowances and grievance mechanisms. A lot of engagements and consultations are held between employers and the employees’ representatives and unions before a CBA is concluded.

Most CBAs have a tenure of up to two years before renewal. Courts consider a CBA as fundamentally contractual. In Kenya Union of Commercial Food and Allied Workers v Kenya National Library Service (2016), the court held that a registered CBA is enforceable by specific performance, and budgetary constraints are no defence. The Supreme Court in Gatuma v Kenya Breweries (2024) held that CBA protections survive business transfers unless in situations of insolvency.

With such watertight legal underpinnings, why are there so many stalled CBA’s affecting the labour market in Kenya? The 2018 Kenya Institute of Public Policy Research and Analysis (Kippra) Discussion Paper No. 208 by Beverly Musili discussed the challenges in implementing and enforcing CBAs and identified multiple legal, institutional, financial, and political causes.

Where all legal formalities have been undertaken, the main cause of CBA disputes is financial, especially in the public sector. Enforcement of many CBAs has faced hurdles due to fiscal unsustainability of wage increments provided during negotiations. This problem prevailed for many years including the 15 years where the teachers’ 300 percent salary increment agreed in 1997 remained unfulfilled prompting repeated strikes in 1998, 2002, 2009, 2012 and 2013.

In most instances, employers sign CBA’s solely to avert strikes with no firm commitment to honour them. Industrial action affecting health workers has largely been occasioned by a blame game between the national government and the county governments on implementation of CBAs.

The entry of the Salaries and Remuneration Commission (SRC) added bottlenecks to implementation. SRC’s main mandate is to set and regularly review the remuneration and benefits of all state officers and to advise on the remuneration of other public officers.

CBAs concluded without SRC involvement were held unenforceable as the mandatory pre-condition of obtaining SRC advice was not met. On the other hand, SRC has been accused of refusing to negotiate directly with trade unions. It is noteworthy that Regulation 18(1) of the SRC Regulations expressly provides that the Commission shall not negotiate with a trade union. Due to this, trade unions are cut out of critical information about fiscal sustainability data underlying wage determinations while negotiating and signing CBAs.

SRC plays an advisory role but this has often been undertaken as a veto power over bargained terms thereby scuttling negotiation and implementation. In Kenya County Government Workers Union v SRC and 4 others [2024], SRC had issued two advisories giving the employer and the union only two fixed options namely adopting the SRC-determined remuneration structure or retaining the existing CBA terms with no latitude for further negotiation.

The court held that by giving the parties only two options to elect from, SRC was essentially limiting the avenues for negotiations and that the effect was to set and define remuneration rather than advise the parties.

Ensuring a clear understanding of the role of the SRC in the bargaining process and effective fiscal assessment before CBAs are concluded is critical. Overall, a firm commitment for implementation should be central before conclusion of any CBA.

Sweet potatoes move from farm into the living room

Sweet potatoes are more often associated with kitchens and farms than living-room décor, but creative artist Ivan Namunguba is giving the familiar crop a different purpose.

Ivan grows sweet potatoes indoors in transparent glasses, allowing the roots to develop in water while shoots and vines spread above the container. For him, the appeal is as much visual as practical.

“I decided to grow the sweet potato because of its beauty. It grows like a vine, just like we see other indoor plants grow,” he says.

He began experimenting around August this year, but his first attempt did not go as planned. “I submerged the whole sweet potato in water, and it started to rot. The other attempts later were successful after learning from my mistake,” he says.

Ivan says he simply lets the sweet potato sit in a transparent glass of water, so the roots stay visible while the shoots grow upwards. The first results can appear in about two weeks.

“It would take like two weeks for you to see the first shoots and the roots, and that’s how you’ll be able to see the results. After that, it will continue growing inch by inch,” he says.

The shoots eventually develop into vines, which he allows to spread around the space.

Unlike some ornamental houseplants that require specialised products or regular treatment, his setup demands little expenditure after the initial purchase.

“I bought about five sweet potatoes for Sh100. I planted one and cooked the rest. I used a drinking glass from my kitchen, and repurposed it into a planter. I have also experimented with wine glasses, and the result is beautiful!” he says.

Water is the main maintenance requirement. “After two days, I pour out the water and replace it with clean, fresh water,” he says.

Leaving the plant in the same water for too long can create an unpleasant smell. Transparent containers also allow the roots to become part of the display.

“You can plant the sweet potato in soil, but then you won’t see the roots, which are quite remarkable. In a glass set-up, you see the white roots, and the green vines with leaves crawling out…it is beautiful,” he says.

Beyond aesthetics, the plant also retains its agricultural use. The shoots can be cut and planted in soil to grow sweet potatoes. “If somebody wants to plant them, you can just cut the shoots and plant them. They will grow very well in the soil,” he says.

Ivan’s creativity has attracted online attention. After he posted the plants on TikTok and Instagram, people began asking about similar displays.

“I plan to commercialise them. I posted them on my TikTok and Instagram, and they went viral. I didn’t expect people to watch them and start inquiring about them,” he says.

He is considering selling each plant for Sh500, presented in a customised glass container.

“I would probably customise a glass bottle since I am also a creative artist, then sell it,” he says.

He has also considered displaying the plants in champagne glasses, making the growing roots and vines part of the decorative presentation.

Reactions have largely centred on the plant’s unusual appearance.

“People have told me that it’s creative. It’s not a plant that everyone has at home. It’s just a unique one,” he says.

For Ivan, that mix of familiarity and novelty is the attraction. “It’s local, but it’s unique and beautiful.”

He believes other food crops could be similarly repurposed for indoor gardening, particularly where people want greenery without spending heavily on ornamental plants.

“The last time we planted onions, we removed the shoots and cooked them,” he says.