Illusion to insight: The art of creative strategic thinking

‘The greatest enemy of knowledge is not ignorance, it is the illusion of knowledge,’ said the theoretical physicist, Stephen Hawking.

Is much of business strategy, really an illusion? What can be learned from creativity wizard Rick Rubin? Should managers ditch their tight fitting restrictive corporate suits? What can an artist’s teach business about creating and capturing value – that is rarely noticed?

Problem is the confusion about an easy-to-do operational plan, and a delicate, often counter intuitive strategy. Quite simply: a plan is not a strategy.

Taking the path of least resistance, what many companies, NGOs and donors do is a lot of cut and paste, copying what the competition is doing, with a sprinkling of the latest fluffy business jargon. Trying to sound exotic, with the words: ‘AI enabled’ and ‘transformative’ thrown into the mix.

Inversion thinking involves flipping a problem on its head to find solutions. Instead of focusing on what you want to achieve, you identify what would lead to failure, then take steps to avoid negative outcomes. Dating back to the ancient Stoics, and popularised by investors like Charlie Munger, inversion thinking helps avoid mistakes, providing clarity.

Apply an inversion approach — assume one wanted to ‘fail’, just creating a plan. Simply copy what the competition is doing, both overall, and in each of the business units. Or, use AI, get ChatGPT to do strategy, really a plan in five seconds. That’s the first step, now mix in some solid facts and figures diagnosis. Then ask, based on the initial analysis — How can we be creative – imaginative — perhaps taking a counter intuitive approach — to capture profitable market share?

Be abnormal

Insightful strategy involves asking questions no one else is thinking about. It’s concrete analytical diagnosis — hypothesis driven problem solving — combined with ‘out of the box’ creativity. One has to be able notice patterns, to see differently. Don’t apply the same old stale worn out unthinking. Risk being abnormal.

‘Some people say, ‘Give the customers what they want.’ But that’s not my approach. Our job is to figure out what they’re going to want before they do. I think Henry Ford once said, ‘If I’d asked customers what they wanted, they would have told me, a faster horse!’ People don’t know what they want until you show it to them. That’s why I never rely on market research. Our task is to read things that are not yet on the page.’ Steve Job’s said.

American music producer and creativity guru Rick Rubin says the same. ‘In service to the audience, they have to come last. If we’re trying to make it for them, it will be a mess. It will be watered down. The process of making something for someone else undermines it. Many people approach art with a hidden agenda, the desire to be accepted. But when approval becomes the mission, the art loses its soul. The need for acceptance is also present in everyday life. What’s ironic is that acceptance comes most naturally when we stop trying to please and simply allow ourselves to be who we are,’ said Rubin.

Be authentic

In crafting a distinctive strategy, it helps to think like an artist or craftsperson. Dig down deep, be authentic.

‘People like to be accepted. People want to be accepted. And I’m suggesting that the best way to be accepted is to be yourself. It’s not to change yourself to what someone else thinks. First of all, you don’t really know what someone else thinks. And if you’re not genuine to yourself, there’s nothing there. It’s just a projection or a mask. It’s not true. And there’s something about authenticity,’ advises Rubin.

We see what we want to see. A confirmation bias is often our default way of seeing. Managers tend to see the business landscape, not as it is, but more based on how they are feeling that day. Somehow, if only for a moment, one has to see without judging, evaluating. Just see what is there. Take off the trying to look cool sunglasses, notice what customers really value.

Is your antennae working?

It helps to be like an antennae, just picking up the signals, the market vibes.

‘The only way we can learn anything is through the reality of seeing what’s around us. And learning there are these different points of view around us. If we’re all thinking the same thing, it’s boring. Why would we make anything if everyone thinks the same thing? What makes us interesting are the differences. And even imperfections,’ says Rubin.

‘We can find solutions by simply being open to the influence of the outside world. It’s helpful to know the information we need doesn’t all come from inside of us. Maybe none of it comes from inside of us. Maybe it all comes from outside of us. And whether that be mystical, physical, or practical, I’ve had experiences where I’m looking for an answer for something curious, holding it lightly in my consciousness, not working on it, just I know there’s this problem to be solved, and then I’ll be out, and something will happen in the world directly related to answer the question. Doesn’t happen once in a while, it happens all the time.

‘If you’re open to the communication, we’re getting information all the time. There’s so much more information coming at us than we can digest that we pick and choose unconsciously, certain data points, and then based on those data points, we make up a story about what happens.’

IMF raises alarm over static Kenya shilling versus dollar

The International Monetary Fund (IMF) has expressed concern over the unchanged value of the Kenyan shilling against the dollar despite global shifts that were expected to see a stronger local currency.

IMF officials are reported to have termed the shilling too stable during their recent staff visit to Kenya, which concluded on October 10.

The shilling has remained at the Sh129 range against the dollar for nearly a year.

The IMF’s view supports the position taken by some analysts suggesting that the shilling has remained static due to management of the market by the Central Bank of Kenya (CBK), which has challenged this view.

The CBK’s position is that Kenya has a flexible rate policy and only intervenes to smooth volatility.

The shilling has traded on a narrow range between Sh129.22 and Sh129.24 since the start of the year, despite weakening against other major world currencies, including the euro and British pound at 12 percent and 6.1 percent, respectively.

It has been stuck at the same levels despite a weaker US dollar in 2025, improved balance of payment receipts for Kenya and an increased level of official hard currency reserves.

The US currency is on course to its worst performance in a calendar year in more than two decades.

It has dropped nearly 10 percent against a basket of major currencies such as the euro and pound as Donald Trump’s trade and economic policies cause global investors to rethink their exposure.

‘The IMF were in town two weeks ago, and one of the things they told us is that the exchange rate is too stable, and they think it is interfering with inflation targeting,’ said Ndiritu Muriithi, the chairman of the Kenya Revenue Authority (KRA), who attended the IMF staff meetings.

‘I found it strange myself that the IMF would say the exchange rate is too stable.’

A stronger shilling makes domestically focused companies that rely on inputs from overseas in foreign currency face lower costs.

It also weakens the local firms’ foreign earnings, while also making Kenyan goods expensive abroad.

Analysts who spoke to the Business Daily anonymously said that the government was likely intervening to keep the shilling weak through CBK’s purchase of dollars.

The IMF did not offer more details on its position that the shilling is overly stable against the dollar.

‘While we do not comment on specifics of any ongoing discussions with the Kenyan authorities, as a general principle, our policy advice with regard to exchange rate is guided by the IMF’s Articles of Agreement,’ an IMF spokesperson told the Business Daily.

The exchange rate has long been a sensitive issue. The central bank has in the past challenged the IMF when it said the shilling was overvalued.

Kenya, as a member of the IMF, has obligations on its exchange rate dealings where it is required to allow market forces to influence the currency market.

The IMF is tasked with overseeing the international monetary system to ensure its effective operation in a role that includes stringent surveillance of members’ exchange rate policies.

‘Each member shall provide the fund (IMF) with the information necessary for such surveillance and, when requested by the fund, shall consult with it on the member’s exchange rate policies,’ the IMF notes in its articles of agreement.

In 2018, the then CBK Governor Patrick Njoroge clashed with the IMF over the fund’s claim that the shilling was overvalued amid a threat that the Washington DC-based multilateral would reclassify the local unit from a free-floating currency arrangement to manage.

Dr Kamau Thugge, the current CBK Governor, and Treasury Cabinet Secretary John Mbadi have defended the long stint of the shilling’s stability against the US dollar, insisting that the valuation aligns with macroeconomic factors such as low and stable inflation and an improved balance of payments position.

The apex bank says it only intervenes in the foreign exchange market to reduce instances of volatility and that it has no desired rate for the shilling.

‘The Kenya shilling has remained stable, supported by diversified foreign exchange inflows from diaspora remittances, horticulture, tea exports and offshore banks as well as confidence in the economy, particularly with the recent upgrade of Kenya’s credit rating by S and P Global Ratings,’ Dr Thugge said earlier this month.

‘The expectation is that the stability will continue given momentum in the balance of payments and the narrowing of the current account deficit.’

The CBK has remained active in the foreign exchange interbank market alongside banks, according to market players who spoke to this publication.

The Business Daily could not, however, establish a specific bid price set by the apex bank to buy dollars amid claims of its management of the market.

The IMF’s view on the exchange rate will be crucial at a time when Kenya is seeking a new loan plan with the fund as a successor facility to a multi-year arrangement, which was terminated prematurely in March with an estimated Sh110 billion left undisbursed.

A staff team from the IMF completed a physical visit to Kenya earlier this month to initiate discussions on a new arrangement with Kenya.

The discussions have since moved to Washington DC, where the Executive Board of the fund sits.

‘We welcome the Kenyan authorities’ candid engagement and remain steadfast in our commitment to partnering with Kenya to secure a more robust, sustainable and inclusive economic future for all Kenyans,’ Haimanot Teferra, the IMF’s mission chief to Kenya, said at the conclusion of the recent staff visit on October 10.

How TotalEnergies’ missteps led to Sh139m payout after fuel station collapse

Oil marketer Total Kenya Limited, which has since rebranded to TotalEnergies Marketing Kenya, has been ordered to compensate a businessman whose franchised fuel station collapsed in 2010 due to a series of managerial lapses by the French firm.

In a significant victory for small-scale petroleum dealers against corporate giants, the High Court found Total Kenya liable for multiple contractual violations, including persistent fuel supply failures, neglected equipment and systemic mismanagement.

These breaches crippled David Njane’s Total-branded service station in Nairobi’s Hurlingham area, even though the oil marketer collected monthly royalties and maintenance fees from the outlet, known as Twin Service Station.

‘Both equity and law will frown upon a party in a commercial transaction who derives a benefit from another out of its representation and while on its part it intends to unjustly enrich itself without paying,’ the court remarked.

The case stemmed from a July 2007 agreement, whereby Total Kenya appointed Mr Njane as a dealer at its Hurlingham outlet.

Under the terms of the agreement, Mr Njane was required to pay monthly royalties of Sh950,000 and maintain minimum stock levels of 250,000 litres of petrol, 90,000 litres of diesel, and 10,000 litres of kerosene, while purchasing products exclusively from Total.

The judgment shows that he was also not at liberty to engage independent technicians or service providers to maintain the equipment.

Total, for its part, integrated the fuel station into its systems, provided branded materials and equipment, received payments including maintenance levies, and issued operational directives.

Litany of breaches

However, Mr Njane accused Total of repeated supply shortages, unilateral price reductions, delayed Bon Voyage card reimbursements, and failing to maintain equipment, despite deducting Sh0.23 per litre as maintenance fees.

He also alleged systemic fraud due to Total’s insecure Kenserve point-of-sale system, which he claims allowed staff to manipulate sales data.

The businessman claimed that the closure of the station was due to contract breaches relating to the supply fuel, maintenance of equipment, and the safeguarding system access and credit card payments.

He argued that he had been unable to enter into any similar distributorship due to a lack of capital and a new guarantor.

The court dismissed Total’s argument that no binding contract existed, noting that both parties had operated under the agreement for over two years.

The court also found that Total had failed to meet minimum supply quotas, resulting in stockouts and lost sales. For this, the court awarded Mr Njane Sh18.7 million.

He was also awarded Sh52.1 million for equipment downtime. Despite collecting maintenance fees, the court found that Total neglected repairs, resulting in frequent breakdowns.

Other awards included Sh2.3 million for losses due to faulty calibrated fuel tankers and short landing, Sh4.6 million for losses due to manipulation of the computer system that allegedly enabled fraud, and Sh61.4 million for the collapse of his business. Overall, the oil marketer will pay Mr Njane about Sh139.1 million.

Denials and blaming

Though two witnesses testified for Total Kenya that the system was secure and not susceptible to manipulation, the court noted that they could not explain how the lowest cadre of users of the system, the cashiers, could manipulate the data, prices, and stocks and inflict huge losses on the business.

Total Kenya denied liability, blaming Mr Njane for bounced cheques and mismanagement.

The oil marketer also denied responsibility for price losses or maintenance failures, stating that any equipment issues arose from the businessman’s negligent handling, for which the company was not liable.

Total also denied any negligence regarding the computer system, stating that the trader-controlled passwords and was responsible for staff conduct.

Total Kenya denied the allegation of data manipulation or failure to credit Bon Voyage card sales, and that shortages on delivery were subject to a laid-down complaint procedure, which the businessman failed to follow.

However, the court found no evidence linking payment defaults to supply cuts and noted that the businessman had provided a Sh3.5 million bank guarantee as security.

Mr Njane also produced emails and correspondence highlighting numerous complaints to Total Kenya about the shortages.

A comprehensive financial report prepared by an accountant was produced, detailing losses attributed to the failure of Total Kenya to supply the agreed minimum quantities.

Investors mint Sh134 billion from bond sales in nine months

Sellers of government bonds at the Nairobi bourse minted Sh134 billion in profits in nine months to the end of September as the price of the securities rose on falling interest rates.

The price of bonds at the Nairobi Securities Exchange (NSE) has soared this year as interest rates in the primary securities market fall, increasing the demand for previously issued government papers that offer relatively higher returns to investors.

The appeal for the previously issued government papers has stimulated activity in the secondary bonds market whose turnover crossed Sh2 trillion in the nine months to September, surpassing total trades in the entirety of 2024 at Sh1.54 trillion.

Bond prices and yields usually have an inverse relationship where prices rise as interest rates fall resulting in a windfall for investors holding bonds with high coupons/returns.

A bond traded on the NSE usually attracts a premium or discount on its par value (Sh100 per unit) depending on the demand from buyers, and whether it carries a higher or lower interest rate compared to what is being paid on new issuances of a similar tenor.

The infrastructure bond issued in February 2024 at an interest rate or coupon of 18.46 percent remains the most attractive paper for investors in the secondary bond market based on its lucrative return.

The paper has commanded a premium as interest rates in the primary market fell and fetched a price of Sh123.28 to the par value of Sh100 as of Monday this week, representing a profit of 23.2 percent to investors.

Bond sellers minted profits of Sh33.1 billion between July and September this year, following gains of Sh57.6 billion between January and March and Sh43.7 billion in the second quarter.

‘The secondary bonds market activities grew during the quarter under review (quarter three). The turnover value of traded bonds closed at Sh684.01 billion from the Sh666.46 billion recorded in the previous quarter, representing an increase of 2.65 percent,’ the Capital Markets Authority (CMA) said in a statistics bulletin.

The Central Bank of Kenya (CBK) has cut its benchmark interest rate for eight consecutive times since August 2024, inducing the broad decline in domestic interest rates including returns from temporary and term commercial bank deposits and government paper.

The return on the 91-day Treasury bill averaged eight percent in August compared to a higher 15.78 percent at the same time last year.

Interest rates on government paper are expected to continue falling into the end of 2025 on the lower CBK benchmark rate, maintaining the attractiveness of previously issued bonds at the Nairobi Securities Exchange (NSE).

‘Going forward, we expect yields to continue trending downwards in the near term,’ noted analysts at the AIB-AXYS Africa stock brokerage.

The rise of bond prices in the secondary marketplace puts government paper sales on course to be among the highest returning asset class of 2025 behind local equities which have averaged a higher return of over 45 percent through October 28.

The return beats the yield generated from asset classes such as real estate which remain in single digit levels.

The Hass Property index places the annual change in price for all properties at 8.2 percent through September 2025 with apartments offering the lowest growth in price at 1.5 percent in the same period.

A change in direction of interest rates would reverse the premium prices on bonds in the secondary market as investors pivot from the bourse to seek higher returns in the CBK primary market.

This would result in losses for holders selling their government papers as the price of the instrument is discounted below the Sh100 par value.

Tsavorite trading rules eased on State agency shortfall

The government has started easing restrictions on trading in strategic minerals, citing inadequate capacity at the National Mining Corporation to exploit and deal in some of the reserves.

The State Department for Mining has temporarily lifted restrictions on the trading of tsavorite, one of Kenya’s most prized gemstones, allowing miners and dealers to resume business.

‘Whereas these minerals should be handled by the National Mining Corporation, the Corporation, as currently structured, does not have plans to deal with Tsavorite,’ Mining PS Harry Kimtai wrote in a letter dated October 16, 2025, to Voi Gemstone Value Addition and Marketing Centre.

‘In this regard, you are directed to support and facilitate all miners, dealers, and traders of this important gemstone to undertake legal trading in the mineral through the Gemstone Value Addition and Marketing Centre.’

The minerals agency is the investment arm of the national government and has the power to engage in mineral prospecting and mining.

Mr Kimtai noted in the letter copied to the Mining Cabinet Secretary Hassan Joho and Taita Taveta Governor Andrew Mwadime that the directive will remain in force until the agency puts in place the necessary mechanisms.

The easing of restrictions follows a broader policy framework adopted by President William Ruto’s administration, which in October 2023 declared about 14 minerals as strategic to Kenya.

The classification was part of the conditions for lifting a four-year moratorium on the issuance of prospecting, mining, and trading licences imposed in December 2019.

Under the Mining (Strategic Minerals) Regulations 2017, minerals deemed strategic are those considered essential to Kenya’s economic, technological, or national security interests.

Minerals, which Kenya has declared strategic, are cobalt, graphite, copper, tantalum, lithium, niobium, coltan, nickel, tin, and radioactive ones such as uranium and thorium.

Also listed are rare earth elements, chromite, and tsavorite-the green gemstone, or green garnet, found almost exclusively in Kenya and Tanzania. The declaration means that while industrial and construction minerals were cleared for licensing in October 2024, activities involving strategic minerals continue to be vetted on a case-by-case basis.

Mr Kimtai said the government is strengthening the institutional capacity at the minerals agency- the investment arm of the State Department for Mining- which ‘is expected to spearhead exploitation of these [strategic] resources at the mining stage’.

‘The government, having declared strategic minerals in October 2023, continues to engage investors interested in exploring for these minerals on a one-by-one basis,’ the PS told the Business Daily.

‘The capacity of the National Mining Corporation continues to be enhanced as the country races towards full exploitation of its abundant mineral resources.’

The decision to temporarily lift restrictions on tsavorite trading coincides with an ongoing court battle between the Kenya Chamber of Mines and the State over the implementation of the strategic minerals policy.

The chamber, which represents mining companies and dealers, sued the government claiming that the classification of certain minerals as strategic was effected without a transition period, leaving many of its members stranded with stockpiles they are not able to sell.

The lobby group said earlier its members were sitting on more than 40,000 tonnes of strategic minerals such as copper, chromite, and beryllium, which they could not export.

KCM Chairman Patrick Kanyoro said that a ruling on the case, initially slated for October 14, 2025, has been delayed to a later date.

‘A trading company claiming exclusive rights to process copper sought to be enjoined to the case before the judgment was delivered. The court allowed the party to file its documents by November 2, 2025,’ he said.

By channelling all legal trade through the Voi Gemstone Value Addition and Marketing Centre, the State hopes to improve traceability, boost local processing, and enhance revenue collection from tsavorite.

The bulk of the gemstone production, largely by small-scale miners, is said to have historically left the country unrecorded, with a smuggling ring operating from Taita Taveta to Tanzania and beyond.

Debt repayments gobble up 92pc of tax collections

Debt repayments ate 92 percent of taxes in the three months to September, underlining the burden of servicing the mounting public loans that have left little for development projects.

Treasury data shows that Kenya paid Sh509.6 billion to creditors in the three months against taxes of Sh553.7 billion, leaving a measly Sh43.9 billion for State operations.

This means that for every Sh100 collected in taxes, Sh92 went to service debt.

This left a meagre Sh8 out of every Sh100 for government operations, from paying civil servants to buying medicines and building roads and bridges.

The rise in debt service costs comes at a time when Kenya is struggling to expand tax revenue in the wake of protests from Gen-Zs that blocked levies worth Sh345 billion in the Finance Bill 2024.

This has triggered expenditure cuts and reduced project spending that is key in driving economic growth and easing the growing youth unemployment.

Kenya has witnessed a rising share of debt repayments relative to taxes in recent years and in tandem with the widening public debt. Debt service stood at Sh347.2 billion in the three months to September 2023, or 67.5 percent of tax revenues and 62 percent in the same period last year.

The government spent a paltry Sh43.31 billion on development projects in the quarter against a full-year target of Sh407.1 billion.

The spending accounted for 4.5 percent of State expenditure in the three months.

Over the past six years, tax revenue for the July to September periods has risen nearly 49 percent to Sh553.7 billion from Sh372.3 billion in 2019.

During the same period, debt service costs have more than doubled from Sh214.8 billion to Sh509.6 billion, reflecting the growing mismatch between revenue growth and debt obligations.

Public debt has increased from Sh1.81 trillion in 2013 to Sh10.9 trillion in December, representing 67.4 percent of the gross domestic product.

How residents can challenge high-rise developments

Kenya’s urban landscape is rapidly transforming due to population growth and the subsequent increased demand for housing.

Although high-rise developments alleviate the housing demand to some extent, they pose serious risks to the residents. These risks include environmental degradation, damaged infrastructure such as roads, sewers, water supply, stormwater drains and power supply, loss of privacy, loss of green spaces, noise, and air pollution. For those at risk, the law provides avenues to challenge developments in their neighbourhoods.

Article 42 of the Constitution guarantees every citizen the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and regulatory measures.

The Physical and Land Use Planning Act is one such regulation. It outlines the requirements that developers must adhere to before commencing any developments.

In addition, the Environmental Management and Coordination Act requires developers to conduct Environmental and Social Impact Assessments before breaking ground.

Approval for developments lies with the National Environment Management Authority (Nema), and parties may appeal its decision to the National Environment Tribunal (Net) and further to the Environment and Land Court.

Public participation is an essential requirement for the preparation and amendment of county physical and land use development plans.

Additionally, the Act prohibits developments within a county without permission from the county executive committee member.

Before issuing the permission, the public is invited to submit any objections to the proposed project to the executive. In the judgment delivered on February 27, 2025, in the case of Ken Petrogas Limited v Mohammed and five others, the court upheld the decision of the NET invalidating an Environmental Impact Assessment (EIA) licence upon determining that there was insufficient public participation before its issuance. The court emphasised the importance of public participation as a national value prescribed under Article 10 of the Constitution.

The Environmental (Impact Assessment and Audit) Regulations require the developers to seek the views of persons who may be affected by the project while conducting an EIA.

Further, the regulations require that Nema publicise in daily newspapers and on local radio stations the EIA, inviting public comments, which may be in the form of a public hearing.

Parties aggrieved by the decisions of the various authorities approving development plans have several avenues of appeal.

The Physical and Land Use Planning Act provides for an appeal to the County Physical and Land Use Planning Liaison Committee within 14 days and further appeal to the Environment and Land Court.

In recent years, the Judiciary has intervened where developments flout planning laws, zoning regulations, or environmental safeguards. By filing constitutional petitions, applications and appeals, residents have successfully secured injunctions halting ongoing construction, revoked irregularly issued development permissions, and compelled authorities to enforce compliance with statutory requirements.

On June 10, 2025, Justice Oscar Angote granted conservatory orders restricting Nairobi County, Nema, the Lands ministry and other regulatory bodies from considering or processing applications for development permissions in several areas in Nairobi, such as Kileleshwa, Kilimani, and Lavington, pending the determination of a suit.

Resident associations are fast becoming the key to challenging the development of high-rise buildings and their impact as residents pool resources, coordinate strategies, and present a unified front before the regulatory authorities and the courts.

Collective action not only amplifies individual voices but also gives residents legitimacy when engaging with planners, environmental agencies and the courts.

While high-rise buildings may offer solutions to housing shortages and stimulate economic growth, they cannot proceed at the expense of community welfare, environmental sustainability or constitutional rights.

Residents are not merely observers in the urban development process but active stakeholders through participation in public forums, filing objections to development applications, and contributing to environmental impact assessments.

In Anami and 2 others (Suing as Officials of Rhapta Road Residents Association) v CECM Built Environment and Urban Planning and others, [Environment and Planning Petition E030 of 2024 (2025) KEELC 128 (KLR)] the court sided with the petitioners, compelling the respondents to comply with the Nairobi City County Development Control Policy 2021 when granting development permissions in the area and limited the approvals granted to the developers to a maximum of 16 floors in alignment with the zoning laws of the area.

However, on 19 September 2025, the Court of Appeal in Civil Appeal E160 of 2025, overturned the ELC’s decision. It observed that the 2021 Development Control Policy classified Rhapta Road as Zone 3C with a 20 floor-cap.

The Court held that the 2004 Zoning Guidelines were outdated and issued a structural interdict compelling the Nairobi County Government to adopt lawful and up-to-date zoning and development control plans for the whole city, given that the 2021 Development Control Policy did not attain full legal force without the County Assembly’s approval and gazettement.

In Ndambiri and another v Nairobi Metropolitan Services and others [Environmental and Land Petition E026 of 2022 (2024) KEELC 13649 (KLR)] the court issued a temporary injunction against the respondents halting any further development including demolition of buildings or cutting of trees for the development of a residential building.

In Bamrah v Botrack Limited [Environmental and Land Petition E0730 of 2025 (2025) KEELC 3068 (KLR)] the court issued a temporary injunction restricting the defendant from continuing with excavations for a proposed development of a 16 level residential apartment as the excavations were a nuisance due to the noise, air pollution, and heavy vibrations damaging the foundation and boundary wall of his house.

Amrit Soar – Consultant, Real Estate, DLA Piper Africa, Kenya (IKM Advocates); Jimmy Ng’arua – Associate, Real Estate, DLA Piper Africa, Kenya (IKM Advocates); Cynthia Injehu – Trainee Advocate, DLA Piper Africa, Kenya (IKM Advocates).

Before SUVs took over, these were the real go-anywhere cars

Across the whole history of the motor car, what low-cost mass-production models have best represented the values of go-anywhere, do-anything, and always-get-you-home reliability and/or fixability? Oscar

There are lots of models that have many of those qualities, but very few that have them all. ‘Low-cost’ will mean quite small and basic.

‘Go-anywhere’ demands good ground clearance, large wheels, adequate suspension travel, effective traction and low gearing.

‘Do-anything’ would include flexible seating and/or luggage space.

‘Reliability and fixability’ needs quality and simplicity of design, materials and construction.

The first car to get nearest to that combination was arguably the Model T Ford. It never set a ‘quality’ benchmark (Rolls Royce was already doing that peerlessly, and in the little car class the Austin (designed by one of the all-time great engineers, who also designed the machines that manufactured the parts) was far better engineered and built than the Ford, which for good reason was nicknamed ‘Tin Lizzy’.

But by prioritising low price the Model T revolutionised affordability by pioneering mass production, it was certainly small and basic, but had light weight, big wheels, good ground clearance, and its skeleton allowed the body to be adapted to all manner of configurations.or could be removed altogether.

Its crude engineering did not make it reliable, but simplicity made it eminently fixable (and gave its owners lots of diy practice). By sales volumes, it conquered the world, outstripping any other make or model for at least a decade. It captured 50 percent (!) of the Kenya market, working as everything from a town taxi to a farm tractor.

Next to hit the market bullseye in those respects was perhaps the VW Beetle, designed on the same principles but built to a whole new level of engineering.

Its target was not a secret (The German word ‘Volkswagen’ literally means ‘the people’s car’); but it was based on the KDF Wagen (the German acronym for Hitler’s ‘Strength Through Joy’ slogan – Kraft durch Freude) designed by Ferdinand Porsche (yes, that one).

By both deliberate design and a twist of fate, the Beetle emerged as a military vehicle in World War II (there was even an amphibious version.with 4WD) and production was financed by a military budget.

It was extremely robust, dependable, air-cooled, coped well in rough terrain and had enough leg and head room for burly occupants in battle gear.but rather limited luggage space.

In that era it was almost uniquely aerodynamic, and the tortoise-shell shape also made it extremely strong. In this and several other respects it was more likely than any modern car to survive being shot or blasted by an explosion.

After the war it was resurrected under initial British (Martial Law) management and became a global best-seller for decades; and production went on for more than half a century.ultimately in Brazil.

Several other makes and models have achieved iconic status as beloved little workhorses over the years – the Willys Jeep from the US, the Trabant in East Germany, the Soviet UAV, the Fiat Cinquecento from Italy, The Renault 4L ‘Roho’ from France, and even the British Mini) all ticked many of the boxes. But the one I would pick out as a special pioneer of the genre, and which ticked all the boxes in the late 1950s and early 60s, was the Citroen 2CV – in particular, its ‘Sahara’ version.

Arguably no vehicle has been more dedicated to the list of ‘all’ those qualities or done more innovative things to achieve them. And it delivered extraordinary reliability and durability not by making things tougher, but by leaving them out altogether! Its design priority was to ‘eliminate’ the parts that were most likely to break!

In those days, the most common breakdowns were caused by overheating, often because the radiator leaked or got clogged or the fanbelt broke or the coolant hoses burst or the engine gaskets blew out.

The 2CV Sahara engineers didn’t improve or strengthen them – they removed them. All of them. No radiator, no water pump, no thermostat, no coolant hoses, no fanbelt, no gaskets. They also replaced the springs and dampers with a fully hydraulic suspension.

And to a large extent anything they couldn’t throw out they.doubled.in a process known as built-in redundancy. Two air-cooled engines, two batteries, two fuel tanks, two fuel pumps, two starter motors, two gearboxes, a double strength chassis, twin systems for the for-and-aft hydraulic suspension. If one failed, the other would keep the car going and get you home.

The driver controls were singular and conventional. They simply operated two systems each. The 2CVs of all variants were what lifted Citroen from the little leagues to one of the world’s giants.

Remember, these developments took place before Japan became a global player by first copying European manufacturers’ designs, then improving them, and perhaps most importantly adding a whole new concept of quality control. That added all sorts of desirable extras, and removed ‘error’ to a degree that no one had previously thought possible.

The 2CV principle was ‘if any part can go wrong, remove it’. Air-cooled engines deleted most of the most failure-prone components. And the engines themselves removed gaskets – instead of putting a sealing compound and membrane between two engine-block slabs of smooth metal, they gave one of the slabs a groove and the other a ridge to achieve a pressure-proof joint, metal to metal.

The Japanese pursued a parallel strategy – not merely avoiding mistakes but ‘removing any possibility of error’ – by setting a design and manufacturing standard that made every item identically exact to within a micron.

If any part failed to meet that standard, they identified the cause – whether in human error, materials, machining, or even the machines that did the machining – and corrected it. Even fractionally faulty parts never found their way into a car, because even fractionally imperfect parts were neither used nor made.

Other manufacturers, even the most esteemed, were well aware of that principle, but did not think it was achievable. The Japanese believed it was. And proved it. And are now increasingly copied.

Same to stand out

As technology roared ahead, in both quantum leaps and bounds and in refinement of minutiae, the markets cars were made for also evolved. In today’s major markets, most cars do no motoring off tarmac and much motoring on dual carriage motorways.

There are all manner of new safety standards and intense pressure on fuel consumption and exhaust emissions – a Trabant wouldn’t even make it off the drawing board today. Iconic best-sellers still exist, but the number of model variants has exploded, the checklist of attributes buyers prioritise has shifted, computer-aided design has made competitors within each class increasingly copycat-similar, and even brand distinctions have blurred into a look-alike, do-alike morass of conglomerates.

There are, of course, best sellers, but the modern icons are less distinctive than the Model T, the VW Beetle, the Citroen 2CV and the others mentioned here. Huge sellers in the more modern era would include the Ford Escort, the Toyota Corolla, the Nissan Sunny, and several Fiats among others, but all of those have model ranges and variants numbered in dozens, each aimed at entirely different market segments instead of universal ‘runabout’ utility.

In this transition, Citroen and Renault have been notably imaginative innovators over the years, and the little Suzuki 4WDs would match and surpass the three most famous icons in every way (except price!), but no truly different ‘concept’ stands out in a single top-selling mass-manufactured brand/model.

The big new things today are SUV and EV. And everybody is doing them!

Another reason to tie a knot in any hopes of a ‘unique’ best-seller is that the motor industry no longer consists of pioneering and individualistic companies. It is made of vast and complex partnerships run by conglomerates that hold the technical and strategic power. Volume is essential to competitive economies of scale. Their ambition is driven by the Bottom Line, not the Hall of Fame or Be Nice to Mankind Day.

Any stand-alone invention that makes a really big difference will almost instantly be swallowed, inwardly digested, and either discarded or copied. Unique concepts like De Lorian and Mazda’s rotary engine seem to have come and gone. The Audi Quattro’s genetics now live in dozens of other brands and models.

The status of past stand-alone icons is safe.in the history books. As the most powerful politicians in the world today know, advance is not about individual brilliance, it is about doing a deal. We’ll have to wait and see if AI has anything to say about that.or what happens when some single individuals (with no responsibility to a public or a state) have more money than whole countries.

Dried vegetables open export market for farmers group

When a group of farmers began drying farm vegetables to reduce post-harvest losses, they never imagined the venture would grow so rapidly that it would pave the way into export markets.

In Lari, Kiambu County, indigenous vegetables grow easily, thanks to the climatic conditions, but most of it goes to waste because of lack of markets and poor roads.

‘About 30 percent of the vegetables that we dry now is for the export market,’ says Martin Chege, the operations manager of Cheer Up Programme, which was founded in 2003 as a church group to help orphans.

It was started by nine members, but the group has grown to 20 members and found a profitable niche in drying traditional vegetables such as black nightshade (commonly known as managu or sucha), amaranthus (terere), spider plant (saga), and cowpea leaves (kunde), sukuma wiki (kales), spinach, and cabbages.

At their processing plant in Matathia village in Lari, they also dry stinging nettle (thafai), herbs like rosemary, and fruits such as pineapples and green bananas.

The bananas are milled into flour and blended with vegetables, and cassava to make a nutritious porridge flour.

‘We currently supply a variety of dried vegetables to the Middle East, the US, Canada, and several European countries. Locally, we mainly sell to arid and semi-arid land regions,’ Mr Chege says, adding that before they started exporting, they had to obtain a phytosanitary

certificate from Kenya Plant Health Inspectorate Service (Kephis) and an export certificate to ensure products are pest-and disease-free.

‘We are keen on how the vegetables are grown, they must be organic,’ says Mr Chege.

Tabitha Muthoni, the operations manager in charge of sourcing vegetables, contracting farmers, procurement, and training, says the group has grown over the years from drying 500 kilos a day to thousands.

‘Each vegetable variety averages one tonne every three days, apart from cabbages which do about 1.5 tonnes,’ Ms Muthoni tells the BDLife.

Prices depend on the vegetable type. A kilo of dried sukuma wiki or spinach sells at Sh700, while indigenous vegetables fetch from Sh800 per kilo. ‘Saga, which is rare, goes for Sh800 a kilo, and flour between Sh800 and Sh1,500,’ she says.

‘We have a huge online presence, which helps us reach foreign markets through referrals and exhibitions,’ she adds.

Kenya Bureau of Standards (Kebs)-certification has helped.

Besides members who supply the facility with fresh produce, Ms Muthoni says they have contracted over 40 farmers across Kiambu, each earning about Sh50 per kilo. ‘Since our supply as members is still low, we work with groups in Ndeiya, Kijabe, and Githunguri,’ she adds.

Land size is not a limiting factor, even smallholders can supply, provided they meet standard operating procedures (SOPs) and comply with horticultural export standards.

Supplier farmers are trained on agroecological practices, growing crops organically using animal manure instead of synthetic fertilisers.

Drying machines

Monicah Wacuka, one of the founding members, says Lari is a major vegetable-producing area, but much of the harvest used to go to waste.

‘Drying vegetables extends shelf life, we earn better prices, and generate sustainable income for farmers. We began with a timber-and-wood solar dryer that cost about Sh70,000 to construct,’ she says, adding that members raised the funds through contributions.

Over the years, they have advanced to modern dryers, gained market exposure, and accessed funding. ‘Operations became automated,’ Ms Muthoni says.

In 2024, the group upgraded to a hybrid solar dryer, which uses briquettes for heating during cold or rainy seasons, marking another growth milestone.

From members working as volunteers, the enterprise has now employed five full-time staff.

One of the beneficiaries is Rose Wangui, a mother of three and member since 2003. She says the business has enabled her to educate her children.

‘I grow cabbages, sukuma wiki, and traditional vegetables on a quarter acre of land and supply the facility,’ she says.

Drying procedures

The vegetables must be mature, healthy, and tender.

Mr Chege, who oversees production, from receiving, sorting, washing, blanching, drying, packaging, and labeling, explains that after thorough quality checks, vegetables are cleaned in stainless-steel basins and rinsed well. ‘They are then blanched, dipped in salty boiling water for three to four minutes, and cooled using ice-cold water,’ he explains.

The salt helps kill bacteria and retain the plants’ colour. The vegetables are then taken to the hybrid solar dryer, where they are turned twice daily to enhance drying.

‘Between harvesting and drying, it should not take more than a day. In three days, they are ready for packaging,’ says Mr Chege, noting that hybrid dryers and briquettes have significantly shortened drying time.

Challenges

As they seek to reach full profitability, their journey has not been without challenges.

Upgrading to a modern facility and embracing digital solutions initially met resistance. ‘Some members were skeptical about technology, a few left, while others stayed. Digital literacy was a major issue, especially for older members,’ he says.

There is also the headache of access to credit for expansion and poor road infrastructure, which delays supply and delivery.

If there lessons they have picked as entrepreneurs, it is the power of collaboration: ‘Our growth has been driven by unity, which has attracted support from development partners,’ says Ms Wacuka, ‘The journey in entrepreneurship has taught us that the biggest lessons are knowledge, research, especially about markets, and having a clear target of what you want to achieve.’

De-risking Africa’s growth story by building investor confidence

Africa’s startup and innovation ecosystem is one of the world’s most promising frontiers for investment.

Across the continent, entrepreneurs are building solutions that address real economic and social challenges from digital payments and agri-tech to logistics and clean energy.

Yet, despite this dynamism, investors continue to approach African markets with caution. The question is no longer whether Africa has potential, but how to make that potential investable.

The challenge lies in perception and structure. Investors often see African markets as high-risk due to regulatory fragmentation, weak compliance systems and limited transparency in business operations.

This creates a trust deficit that hinders the flow of capital, particularly at early and growth stages, where the risk appetite is already low. But these challenges are not hopeless.

The conversation on de-risking investment in Africa must evolve from one of caution to one of strategy.

De-risking begins with structure. Businesses seeking investment must build internal systems that align with global standards of governance and accountability.

Sound financial management, legal compliance, and transparent reporting are not bureaucratic hurdles-they are growth enablers. A well-structured company signals seriousness to investors and reduces the friction that often comes with cross-border due diligence.

However, de-risking cannot be achieved by founders alone. It requires coordination across the entire ecosystem. Governments and regulators play a critical role in harmonising policy frameworks to make compliance predictable across markets.

When investors can trust that rules are consistent and enforcement is fair, they are more likely to commit long-term capital.

Likewise, ecosystem enablers such as accelerators and incubators must embed compliance and governance support into their growth programmes, ensuring startups are investment-ready before they seek funding.

Investors, too, have a part to play. The most impactful investors are those who move beyond writing cheques to building capacity.

By working closely with founders to strengthen internal structures and governance, investors safeguard their own capital while improving the sustainability of the ventures they support.

The future of African investment depends not only on access to funding but on the maturity of the systems that guide how that funding is deployed.

In this sense, de-risking becomes a shared responsibility, one that links profitability with accountability.

A resilient, trusted ecosystem can only emerge when all players from policymakers to investors to founders prioritize structure and compliance as much as innovation and scale.

Slyvester Omondi is the Business Development Manager at Velex Advisory Kenya, an investment advisory firm offering tailored financial, legal and business advisory services with offices across Africa.