Proposed law gives courts power to overturn exploitative contracts

Courts will soon have more leeway to strike down contracts containing oppressive or excessively one-sided terms if Parliament passes the newly proposed law that could reshape business and consumer agreements across the country.

Parliament has received the Law of Contract (Amendment) Bill, 2025 which aims to give judges powers to intervene in agreements where one party is clearly at a disadvantage.

This will mark a departure from the current practice where several courts have ruled that it is not their business to rewrite contracts for individuals who commit to bad deals. For instance, any contract that absolves a party from liability for death caused by their negligence will be rejected. Likewise, sale agreements that seek to absolve the seller from responsibility if the goods prove defective will be struck out.

‘The principal object of this Bill is to amend the Law of Contract Act to protect parties to a contract against unfair and unconscionable terms,’ reads the memorandum of the Wajir East Constituency MP Aden Daudi Mohamed-sponsored bill.

‘The Law of Contract Act provides for the application of English common law principles in contract law which has resulted in the use of unfair and unconscionable terms. Therefore, the bill seeks to prevent parties from relying on such unfair and unconscionable terms.’

Passage of the bill into law could reshape how contracts are drafted, enforced and contested across sectors ranging from finance and real estate to retail and services.

Currently, the country’s contract law primarily follows the principles of English common law, which emphasises the doctrine of freedom of contract. Parties are generally bound by the terms they sign, and courts intervene only in exceptional circumstances such as duress, misrepresentation, undue influence or fraud.

Under the proposed law, judges would be able to invalidate or modify contract provisions that are deemed grossly unfair, thereby enhancing protections for consumers, small businesses and other vulnerable parties.

Parties to a contract will not be permitted to include terms that exclude or limit liability for death caused by negligence of the other party.

Similarly, any clause that seeks to exclude or restrict a party’s liability for loss or damage arising from their negligence will be invalid unless the term is reasonable.

The bill clarifies that where a term attempts to limit liability for loss or damage resulting from negligence, a person’s agreement to that term will not in itself amount to a voluntary acceptance of risk.

‘Where a contract term excludes or restricts liability for loss or damage resulting from negligence, an agreement to the term by a person shall not indicate the person’s voluntary acceptance of risk,’ reads the bill in part.

In contracts involving a consumer, the supplier will be barred from excluding or limiting liability for loss or damage caused by a breach of contract. The supplier will also not claim to be entitled to render a contractual performance that is ‘substantially different’ from which was ‘reasonably expected’ of them.

The bill also prohibits suppliers from drafting contracts that exclude them from liability in case they sell defective goods.

‘In the case of goods supplied for consumer use, liability for loss or damage shall not be excluded or restricted by reference to a contract term contained in or operating by reference to a guarantee of the goods where the loss or damage arises from the goods proving defective while in consumer use; and results from the negligence of a person concerned in the manufacture or distribution of the goods,’ reads the bill in part.

The bill states that goods will be deemed to be in consumer use when a person is using them or possesses them for purposes other than exclusively for business.

Further, the bill says ‘anything in writing is a guarantee if it contains or purports to contain a promise or assurance that defects will be made good by complete or partial replacement or by repair, monetary otherwise.’

63pc of patients pay cash for essential care amid drug shortage

About 63 percent of patients made out-of-pocket payments for medicines following stockouts in public and private health facilities between April and May 2025 after the US government withdrew funding to Kenya, a survey said.

The survey was conducted by the State-owned National Syndemic Diseases Control Council (NSDCC), and focused on evaluating the impact of service disruptions caused by the withdrawal of cash support by US President Donald Trump early this year.

NSDCC is mandated to manage syndemic diseases, including HIV, sexually transmitted infections, malaria, leprosy, tuberculosis, and lung disease. The survey revealed that the monthly average out-of-pocket spending on healthcare rose from Sh420 to Sh1,150-nearly a threefold increase that made healthcare unaffordable for many households.

The assessment, done in over 5,000 healthcare facilities across the country, also showed that about 18 percent of patients sold assets to pay for treatment, while others delayed care or abandoned treatment altogether.

For families already navigating economic pressures, the sudden shift from free or subsidized medicines to full retail prices has created impossible choices between medication, food, and school fees.

‘Furthermore, people living with HIV reported overwhelming fear (92 percent) of antiretroviral therapy interruption, with 18 percent resorting to selling assets just to afford their life-saving medications, highlighting the extreme financial and psychological burdens imposed,’ the report read.

The financial burden was severe for patients managing chronic conditions. Those living with HIV, who previously accessed antiretroviral therapy at no cost, faced increased monthly medicine bills that consumed a big portion of their household income.

Similar pressures affected TB patients and those who required long-term management of conditions like hypertension and diabetes.

Meanwhile, over 40 percent of public health facilities experienced drug and commodity stockouts during this period, especially the essential public health programmes, largely triggered by the sudden disruption of donor-funded procurement systems.

More than one-third of affected facilities reported stockouts of cotrimoxazole, a critical medicine for preventing opportunistic infections among people living with HIV.

HIV test kits were unavailable in 17 percent of facilities, which undermined early diagnosis and linkage to treatment. Tuberculosis services suffered similar disruptions, with nearly 15 percent of facilities lacking GeneXpert cartridges, delaying diagnosis and increasing the risk of undetected transmission.

The shortages expose how quickly Kenya’s medicine supply chains can fracture when donor-supported pipelines stall at a time when about 83 percent of counties rely entirely on the Kenya Medical Supplies Authority.

In malaria-endemic regions, 16.2 percent of facilities ran out of rapid diagnostic tests, forcing clinicians to rely on symptoms rather than a confirmed diagnosis. Reproductive health services were equally affected.

Family planning commodities were out of stock in 19 percent of disrupted facilities, while contraceptive implants were unavailable in 17.4 percent. Adolescents and young women were also affected, as they were turned away or offered substitute methods.

The elderly and people affected by chronic conditions are the worst hit by the OOP expenditure that has continued to rise over the years despite increased budgets by the State for healthcare.

How Treasury is crafting new path for fiscal renewal to boost growth

On June 25, 2024, Kenya witnessed a moment that will be remembered for years to come.

Across cities and towns, a youthful voice rose, and it is undisputed that this Gen Z awakening was a powerful reminder that citizens expect fairness, accountability, and transparency in the management of public finances.

The moment challenged the way public policy is conceived, communicated, and executed. The protests were more than a reaction to specific tax proposals; they were a call for a new social contract, demanding that public sentiment serves as the compass guiding national decisions.

The rejection of key revenue measures forced a recalibration of Kenya’s fiscal framework. In response, the National Treasury unveiled MTP IV, 2023-27, initiating a fiscal consolidation agenda focused on broadening the tax base, reducing reliance on debt, and adopting innovative, sustainable approaches to financing national development.

This was not a mere technical adjustment but was a pivotal shift, aligning planning and resource mobilisation with economic realities and societal expectations, anchored in zero-based budgeting.

The government recognised the limits of fiscal headroom. The moment demanded decisive action that balanced prudence with innovation. From this assessment emerged a revitalised privatisation agenda.

Kenya’s development ambitions require capital volumes that borrowing and taxation alone cannot provide. Several State-owned enterprises had become persistent burdens on the Exchequer, underperforming despite repeated fiscal support.

Modernised privatisation offered a practical path to unlock dormant value, drive efficiency, and redirect resources toward transformative projects, creating fiscal space for sectors that directly impact citizens’ lives.

At this inflexion point, Kenya needed a vision grounded in courage and disciplined leadership.

The President’s State of the Nation Address on November 20, 2025, signalled precisely that. The Road to Singapore framework articulated by President William Ruto provides a benchmark for the discipline and ambition required to transform Kenya.

Singapore’s ascent rested on prudent financial management, targeted investment, and deep public trust. Kenya is embracing a similar ethos: resource discipline, long-term planning, and strategic capital allocation.

It is within this context that the State’s long-standing shareholding in Safaricom must be understood. Safaricom has been central to Kenya’s technological and economic ascent, delivering consistent dividends and bolstering national development.

Yet the current context requires a shift. Responsible stewardship sometimes necessitates releasing value to redirect it where it can generate the greatest national impact. The decision to partially divest the government’s stake in Safaricom reflects a measured, strategic transition.

This decision is neither abrupt nor politically motivated. It is informed by a sober evaluation of national priorities, fiscal constraints, and critical infrastructure needs. Kenya’s economic fundamentals remain solid, with projected growth of 5.3 percent in 2025.

Fiscal pressures, however, are significant. Public debt stands at about Sh10.6 trillion, or 68 percent of the gross domestic product. More than half of all tax revenue is consumed by debt servicing, limiting investment in healthcare, education, social protection, climate resilience, and essential infrastructure.

A responsible state cannot rely indefinitely on debt to finance development. Sustainable prosperity demands innovative, disciplined, and strategic fiscal choices.

The partial divestment from Safaricom is designed to unlock value and channel it to sectors with the highest multiplier effect. Kenya requires more than Sh 1.8 trillion in new infrastructure investment over the next five years to advance the Bottom-Up Economic Transformation Agenda.

Roads, water systems, energy grids, digital infrastructure, and industrial parks form the backbone of a modern, competitive economy. Traditional financing has reached its limits and must be complemented through alternative mechanisms.

The Government is strengthening instruments that attract private capital while safeguarding national interests.

These include Public-Private Partnerships, blended finance models, and capital deployment through the twin funds: The National Infrastructure Fund and the Sovereign Wealth Fund. Resources released through divestment will be catalytic, enabling layered co-investments by local and international partners.

The aim is to translate fiscal prudence into productive power and turn disciplined financial management into tangible economic outcomes.

The partial divestment also responds directly to concerns Kenyans have voiced about the cost of living, public debt, and accountability. The Government has listened. It has chosen a path that expands domestic capital mobilisation, empowers local investors, and strengthens national ownership of development projects.

This approach signals a new public finance philosophy anchored in transparency, efficiency, and responsiveness to citizens.

Proceeds from the Safaricom divestment will flow transparently through the National Infrastructure Fund, complemented by the Sovereign Wealth Fund to preserve part of the value for future generations.

The Infrastructure Fund will invest in projects that expand opportunity, integrate markets, and strengthen competitiveness. Both Funds operate under robust governance and accountability frameworks to safeguard public value, and Parliament will ensure this.

Kenya’s progress has historically depended on citizens, institutions, and the private sector acting in concert.

The partial divestment is an invitation for all stakeholders, pension funds, county governments, diaspora communities, private investors, and citizens, to participate in building a resilient, competitive nation. The aim is to generate prosperity through shared responsibility and sustain it through disciplined national investment.

Kenya is not stepping back from past achievements. It is repurposing its successes to unlock new frontiers of opportunity.

The divestment represents a deliberate act of national renewal, aligning prudent financial management with long-term ambition. The moment for decisive action has arrived, and we must seize it with unity, resolve, and purpose.

KTDA factory debts rise to Sh26bn on fiscal blunders

Factories run by the giant Kenya Tea Development Agency (KTDA) are soaked in Sh26 billion debt following a borrowing spree that flouted financial guidelines, an audit by the tea industry regulator has revealed.

The audit by the Tea Board of Kenya (TBK) flags several blunders, including KTDA sanctioning inter-factory loans at the headquarters and over-valuing assets to get bigger loans, while factory managers took loans not approved or beyond the limits approved by their respective boards of directors.

The blunders left KTDA-managed factories with a combined Sh26.06 billion debt by June 2025, with processors located in the Rift Valley and Western Kenya holding more than three-quarters of the loans, TBK says.

The regulator audited KTDA-managed factories to evaluate their financial sustainability and address challenges facing the sector, following a directive by the Ministry of Agriculture last month.

In a presentation to a committee of Parliament, TBK says it analysed amounts borrowed by factories, utilisation of the loan proceeds, and loan balances for factories.

The regulator found that of the Sh26.06 billion loans by the end of June, factories located West of the Rift (WoR) owed Sh21.61 billion while those in the East of the Rift (EoR) owed Sh4.45 billion.

‘From the audit on loans, TBK established that there were no Board resolutions approving the lending/borrowing from/to factories, as these arrangements are done at the KTDA head office,’ TBK says about inter-factory loans.

KTDA factories have loaned each other to the tune of Sh10.36 billion, but there lacks a policy guideline on inter-factory financing, which has led to arbitrariness in issuance and repayment of such loans, the Board observes.

‘Several factories are experiencing cash flow constraints, which have hindered their ability to repay inter-factory loans within the stipulated one-year period,’ it adds in its report to the Departmental Committee on Agriculture and Livestock.

Last month, KTDA phased out the decades-long inter-factory loan programme in favour of factories borrowing from commercial banks and revealed that WoR factories had borrowed more from EoR factories.

KTDA’s East Block factories are located in Kiambu, Murang’a, Nyeri, Kirinyaga, Embu, and Meru counties.

The West Block, on the other hand, includes factories in Kericho, Bomet, Nyamira, Kisii, Nandi, Vihiga, and Trans Nzoia counties.

KTDA manages 71 tea factories with an estimated 700,000 smallholder farmers across the country, and TBK regulates the tea industry on behalf of the government.

The Board also analysed Sh12.8 billion worth of commodity loans, finding that they were used to finance operations and not to pay bonuses released in October 2024, as earlier indicated.

It said KTDA lacks details on specific factories that benefited from the Sh12.8 billion ($99.7 million) commodity loans, which were procured against expected incomes for the period running from July 2024.

‘Closing stocks as at 30th June 2024, which KTDA-MS used as a guarantee for the commodity loans to finance the second payment in October 2024, were overvalued, especially for the factories in the WoR,’ TBK said.

The audit also found that some factories lacked board resolutions sanctioning the loans for use in paying bonuses, raising concerns about whether they had asked for the money or the decision was made in the boardroom in Nairobi.

Holes poked in the borrowing of some Sh2.59 billion through asset-based financing included cases where several factories borrowed amounts exceeding board-approved limits and over-quoting of equipment prices.

‘Equipment supplied to factories like Kambaa and Sanganyi was significantly more expensive than similar units supplied in other factories,’ the audit says.

The audit further faults some factories for stating that they were borrowing to finance projects, only to use the cash on unrelated issues.

Kebirigo, Ragati, and Chinga factories borrowed Sh300.17 million under project financing that would ideally go to capital-intensive uses, such as withering expansions, acquisition of automatic withering machines, and installation of orthodox lines, but they ‘spent the money on other items’.

On fertiliser financing, TBK established that the government owes KTDA Sh4.67 billion, being a subsidy refund for the importation of fertilizer between July 2021 and June 2023.

The Board now wants KTDA to provide details on the latest loan balances by its factories, and warns against borrowing to pay tea bonuses at the end of the year.

‘Going forward, the second payment of green leaf should be based on actual performance and funds available rather than borrowings and overstated stock valuation to show higher performance,’ it says.

TBK has also recommended that a forensic audit on loans borrowed by KTDA on behalf of its factories since July 2021 be undertaken, to give tea farmers confidence in the probity of the loans.

It also wants KTDA to implement a retention policy immediately to address cash flow challenges facing its factories and has further called for physical verification of assets acquired through the loans, to verify utilisation of the loan proceeds and value for money.

Tea farmers WoR have been hit by successive runs of lower earnings, with this year likely to be no exception amid subdued demand for their produce at the auction in Mombasa.

Data from the regional auction showed that tea grown in zones WoR fetched an average Sh226.17 a kilo over the nine months to September 2025, compared to Sh270.11 in a similar period of last year, translating to a Sh43.94 drop or 16.26 percent.

The main WoR tea-growing zones in Kenya include Kisii, Kericho, Nandi, and Nyamira counties.

Comparatively, tea grown in EoR fetched Sh379.96 a kilo at the auction in the nine months to September 2025, down from Sh387.72 realised in a similar period, marking a drop of Sh7.76 a kilo or two percent.

The EoR main tea growing zones include Kiambu, Murang’a, Nyeri, Kirinyaga, Meru, and Embu counties.

When I’m gone… Why that Christmas family inheritance talk may not stand in law

The festive season acts like a magnet for Kenyans, pulling us from the cities and towns back to the village. Families gather, often for the first time in months, around a table heavy with nyama choma, mukimo, and tea. The atmosphere is warm, the laughter is loud, and the guard is down.

Inevitably, as the food settles and the sun dips, the conversation drifts toward the future. Parents, feeling the weight of their mortality or perhaps just the ache in their joints, begin to speak about “when I’m gone.”

It feels like a sacred moment. The children, sensing the gravity, pull out their smartphones to hit ‘record.’ Someone – perhaps the organised cousin – volunteers to take minutes. When Dad points a finger and announces that Joe gets the prime plot in Kasarani while the girls share the village acreage, everyone nods. It feels official, it feels binding.

They record every word. They have witnesses. They have minutes signed by Mzee himself.

Then, months or years later, they discover a cold, hard statutory truth: good intentions, clear audio, and signed minutes do not equal a legal will. In the eyes of the law, that “sacred” family meeting might be worth exactly nothing.

The 90-day time bomb

Consider the story of a typical Kenyan family. The father, battling a terminal illness, is discharged from the hospital. The family throws a homecoming party – a celebration of life in the shadow of death.

During the family meeting, surrounded by his wife, children, and brothers, the father makes his wishes crystal clear: “Joe inherits the commercial plots. The rest of you share the farm.”

Joe records this declaration. An uncle writes the minutes. The father signs them. Nobody questions the validity of a dying man’s wish. Joe, confident in his inheritance, starts building immediately, sinking millions into foundations and walls.

The father dies seven months later.

At the funeral, the unity cracks. Siblings sue, and the court journeys begin. Finally, after years, comes the judgment that leaves Joe standing in the rubble of his investment: the father’s clear, witnessed, recorded wishes were invalid.

Why? Because they constituted an oral will, and the father had the ‘misfortune’ of living four months too long.

Under the Law of Succession Act, an oral will is a valid concept, but it has strict requirements. For an oral will to be valid, it must be made before at least two competent witnesses, and the testator (the maker of the will) must die within three months of making it. Ninety days. No extensions.

If the testator outlives the 90 days, you can’t say “but he meant it.” Unless you are in the armed forces or merchant marines on active service, if you survive to day 91, your oral will evaporates. The law views oral wills not as estate planning tools, but as emergency tools for people facing imminent death who physically cannot write.

“But we have a video!” you say. “We have him on camera saying it!”

This is the modern trap. In the age of smartphones and TikTok and Zoom, we assume a video is the ultimate proof. Our courts disagree.

The issue was settled tragically in the landmark case of In re Estate of Kevin John Ombajo (2021). Kevin Ombajo (“Big Kev”), gravely ill with a brain tumor and having lost his sight, recorded audio-visual statements on his phone in 2016. He had a previous written will from 2015, but these new recordings contradicted it, representing his updated wishes.

He died seven months after making the recordings. His widow argued that these recordings were his true final wishes. The court’s answer was a firm “No.” Justice Achode held that a video recording is not a written will because it lacks a physical signature and proper attestation on the document itself. Instead, the court treated the video as an oral will captured electronically.

Because Ombajo survived more than three months after recording the video, the “oral will” had expired. The 2016 video was tossed out, and the 2015 written will governed the estate.

The lesson? Technology has not updated the Law of Succession Act. A video recording, no matter how high-definition, is just evidence of an oral will. It expires in 90 days.

The supremacy of written wills

This brings us to the “Gold Standard”: the Written Will.

For a written will to be valid, it must be signed by the testator (or by someone in their presence and direction). Crucially, this signature must be made, or acknowledged, in the simultaneous presence of two competent witnesses, who must then sign the will themselves.

This is where family meeting “minutes” fail. Even if Dad signs the minutes, did the witnesses sign them as a will? Were they present at the same time with the testator? Usually, minutes are just a record of a discussion. Without the specific formalities of the law, those minutes are just pieces of paper.

Conflict between oral and written wills

There’s also a hierarchy that surprises many people: a written will cannot be revoked by an oral will.

If your mother executed a formal written will in 2010, and then in December 2024 gathers the family to say, “I’ve changed my mind, I want everything to go to the last born,” those words are legally hollow.

Even if she dies the next day (satisfying the 3-month rule), the oral declaration cannot overturn the written document.

The law assumes that written documents, created when a person was likely healthier and had legal counsel, reflect their true intent better than deathbed declarations, which can be influenced by pain, confusion, or the pressure of weeping relatives.

The witness trap: The “poisoned gift”

Let’s say you decide to do it right. You write it down. You need witnesses. Who do you call? Naturally, you call your children-the beneficiaries. Don’t.

This is a classic legal trap. If a beneficiary (or their spouse) witnesses a written will, the will remains valid, but their gift becomes void. They technically inherit nothing.

For oral wills, the risk is even messier. The law requires that if there is a conflict in testimony, the contents must be proved by a “competent independent witness”. An “independent” witness is defined as someone who is not a beneficiary. If your only witnesses to your oral will are your heirs, and a dispute arises, you have no valid witnesses.

Therefore, for a witness to a will, ask the neighbour, the doctor, or the lawyer.

The nightmare of intestacy

What happens when the oral will expires, or the minutes are rejected by the court? You hit intestacy. This is the legal term for dying without a valid will.

The default rules of the Law of Succession Act take over, and they are rigid. A surviving spouse generally receives a life interest in the property. She can live in the house and farm the land for the rest of her life, but she cannot sell it or divide it among the children without a complex court process.

The property enters a state of legal limbo. Development stalls. You cannot use the title deed for a loan, for instance, without a court’s approval. The family land becomes a museum: you can visit it, but you can’t leverage it.

How to fix it (The action plan)

So, this festive period and you are at that family meeting. The nyama choma is finished, and Mzee has just declared his wishes. The phone is recording. First, record it, but don’t trust it. Treat the recording and the minutes as rough drafts, not the final product.

Secondly, act fast. You are on a 90-day clock, and you cannot revoke an old written will with this talk. The next is to get a lawyer who is well versed in estate planning and succession matters. Take the recording or minutes to him promptly.

You will then have the lawyer transcribe the minutes, and draft a formal written will based on those wishes.

The final main action will be to execute the will properly. Have Mzee review and approve it, then sign it in the presence of two independent witnesses (not you), who also sign immediately.

Kenyan law allows for oral wills, but it treats them with deep suspicion. They are temporary, fragile, and easily defeated by a piece of paper from a decade ago.

As you gather this holiday season, by all means, have the conversation. Record the memories. But if you want those wishes to survive longer than the Christmas leftovers, put them in ink. A written will is the only legacy that doesn’t have an expiration date.

Zuku loses over 24,000 subscribers in internet and pay TV markets

Wananchi Group, trading as Zuku, shed more than 24,000 customers in the three months to September despite a much-touted takeover that was expected to turn around the company and lift service quality.

Zuku lost significant market share across all three of its services -fixed internet, direct-to-home (DTH) and cable television- surrendering ground to rivals even in segments it once firmly dominated.

Industry data from the Communications Authority of Kenya (CA) shows the steepest decline was in cable TV, where Zuku lost 30 percent of its customers, with subscriptions falling from 66,212 to 44,593, a loss of 21,619 users.

In the DTH (satellite TV) segment, its second largest in Kenya, Wananchi lost 1,591 customers, ceding ground to Multichoice’s DStv, which grew its subscriptions by a record 43 percent, as well as to Azam and StarTimes.

The company also lost customers in the fixed internet market, its largest business by subscriber numbers. Its market share fell to 11.8 percent from 12.7 percent in June, after a further 1,562 customers left the network.

Wananchi Group’s subscriber numbers have fluctuated over time amid quality concerns, with customers reporting intermittent and unexplained downtimes, particularly in the fixed internet segment.

The company’s takeover by Mauritian telecommunications firm Axian Telecom Fibre Limited, long in the pipeline, had been expected to rejuvenate confidence in Wananchi and revive a growth trajectory that was disrupted when Safaricom and Jamii Telecom ate into its dominance in less than five years.

Axian, which recently bought Tanzania’s Tigo and Zantel and merged them to form Yas, secured regulatory approval last month to acquire a 99 percent stake in Wananchi Group. This marked the Mauritian operator’s entry into the Kenyan telecommunications market.

Experts had projected that Axian’s entry would help restore Zuku’s lost glory, especially in the internet business, where it was once the country’s leading service provider, by injecting new capital to repair ageing infrastructure blamed for service disruptions and prolonged downtimes.

‘The brand’s (Zuku’s) biggest Achilles heel has always been service quality: frequent outages, inconsistent speeds and customer frustration. Yas [Axian] must address these issues head-on if it hopes to win back trust,’ noted tech commentator Moses Kemibaro in a recent blog.

‘Given Yas’ strong marketing playbook in Tanzania -bold, lifestyle-driven and digital-first- this could inject fresh energy into a brand that desperately needs reinvention.’

Over the quarter to September, only Safaricom, Ahadi Wireless, Vilcom Network and Mawingu Networks, which itself welcomed a new shareholder during the period, grew their market share; every other player either stagnated or declined.

Unique plants to gift a loved one

Choosing the right plant to gift a loved one requires more than just picking something pretty. It’s about matching the gift to the person, the moment, and the message you want to send.

The most meaningful plant gifts are those that stand out. They are rare enough to surprise, unique enough to leave a lasting impression, and accessible enough to thrive in the recipient’s care.

Shivani Devani, a plant specialist with a collection of unique plants at her shop in Karen, and Betty Kinya, who owns a nursery on James Gichuru Road, share their expertise with the BDLife on how to select extraordinary plants that transform ordinary moments into unforgettable gestures.

Plants that are easy to care for but have great impact

When gifting someone new to plant care, Betty outlines that snake plant stands out for its resilience and visual appeal.

“Nothing beats the snake plant,” she says. This resilient beauty is so easy to maintain. You can neglect it, and it will still survive. What makes it even better is that snake plants can tolerate low or bright light, making them adaptable to various living situations.

“Anthuriums were once some of the hardest plants to find in Kenya, but they’re now fairly popular and incredibly easy to take care of,” adds Shivani.

According to Shivani, this plant makes a wonderful gift because it comes in a wide variety of colours, requires minimal care, and blooms for most of the year.

“This means the recipient enjoys vibrant, flowering beauty almost year-round. Anthuriums currently range from Sh3,500 to Sh5,000 depending on variety and size,” she says.

Now, for recipients living in smaller spaces like windowsills or office desks, Betty notes that succulents make a perfect gift for them.

They are compact, colourful, and require minimal attention, making them the ideal low-maintenance companion. This category has the ficus varieties, which equally make excellent beginner plants, offering visual appeal without demanding constant care.

Plants with meaningful challenge

While some plants are forgiving, others demand more attention but carry deeper significance.

“Most definitely! Orchids would be at the top of that list,” Shivani says. Compared to many plants, orchids require more attention, but they are deeply appreciated when given as gifts because they symbolise strength, love, and admiration. Their elegance conveys respect for the recipient’s grace and resilience.

For flowering plants, Betty notes that most of them tend to be quite sensitive.

“Lilies, for instance, require careful watering and good lighting, and they attract insects if neglected.” However, she adds, “when well cared for, these plants grow beautifully and make stunning gifts.”

Rubber plants are another example. Once they start struggling, they take time to recover, but their bold presence makes them worth the effort for committed plant parents.

Plants that carry messages

Like all thoughtful gifts, certain plants speak specific languages. Shivani agrees that understanding symbolism enhances the gifting experience.

She says that lucky bamboo is extremely easy to care for and known to bring good luck, prosperity, and positive energy. “They make excellent gifts for both personal and professional occasions,” she notes.

Monstera, on the other hand, represents milestones and growth. According to Betty, this plant, with its striking split leaves and climbing nature, is perfect for gifting graduands, those promoted, or those embarking on new beginnings.

String of hearts is “perfect for romantic occasions,” trailing delicately in the language of love with its cascading heart-shaped leaves, while jade plant is “ideal for housewarmings,” says Betty, because “they are hardy and easy to adapt to new spaces.”

Cactus symbolises endurance and the willingness to keep a relationship strong-tough on the outside but capable of producing beautiful blooms. Meanwhile, ZZ plants are low-maintenance, calming, and ideal for condolences with their glossy, upright foliage that requires minimal fuss.

“My personal favourite plant to gift is the ZZ Raven,” says Shivani. “It’s incredibly resilient and represents endurance, mystery, and sophistication. Its deep, dark foliage gives it a unique and elegant appearance, making it a meaningful gift with strong symbolic value.”

Understanding the occasion

There’s real importance in matching plants to specific moments and relationships.

Shivani’s approach is conversational and intuitive.

“We start by asking a few questions to understand the occasion, the relationship, and the message the customer wants to communicate. Whether the plant is for a loved one, a colleague, or simply a gesture of gratitude, we interpret the intention and guide them toward plants that best represent their sentiment.”

Meanwhile, Betty believes every plant carries meaning. “A plant is a message on its own,” she says. “It must resonate with the person receiving it.” She considers personality and lifestyle first. “Plants need time and attention-watering, pruning, wiping leaves, so the plant must match the person’s lifestyle.”

For those seeking something different, there’s always something unique waiting to be discovered.

Bromeliads are Shivani’s pick for adventurous gift-givers. “They are relatively low-maintenance and thrive both indoors and outdoors. They also ‘give back’ by producing pups that can be propagated, making them a gift that keeps growing, literally.” Their colourful, architectural flowers are also stunning and make a bold, memorable statement.

Bonsais are gaining traction in Betty’s nursery. “People are ordering a lot of bonsais, especially for corporate gifting. These are easy to maintain and make elegant, lasting gifts.” These miniature trees, when carefully pruned and shaped, bring a sense of peace and sophistication to any space.

Miniature anthuriums, especially the purple, pink, and red varieties, are Betty’s current bestsellers for those seeking something visually striking yet manageable. Their compact size and jewel-toned blooms pack a punch without taking up much room.

Festive season selections

With celebrations approaching, there are also alternatives to traditional holiday plants.

“Poinsettias are usually very popular. However, we do not stock them as we’ve had difficulty keeping them alive in the past,” Shivani explains. “Instead, we focus on plants that still carry the festive spirit like the red anthuriums and red or white kalanchoes, which make beautiful, long-lasting gifts for the season.” Kalanchoes are priced at Sh1,500, making them accessible festive options.

Betty adds recommendations based on space. “If you have a balcony with good lighting, lemon cypress, crotons, or anything with vibrant colour works well.”

For those with hanging spots such as bathrooms, balconies, or stairways, ferns, with their delicate, feathery fronds, asparagus plants, and certain purple trailing plants are great choices that add life to vertical spaces.

First-time gift givers

When someone walks in unsure of what to choose, the experts ask strategic questions. “The first thing we ask is whether they know the recipient’s level of experience with plants,” Shivani explains.

“If the recipient is knowledgeable, we may recommend a medium- to high-maintenance plant. If the customer is unsure, we always guide them toward easy-care plants to ensure the gift remains a joy rather than a challenge.

It’s always in the giver’s best interest to match the plant to the recipient’s skill level,” she says.

Betty’s advice is equally straightforward. “Understand the lifestyle of the person you’re gifting. Plants are not like cut flowers that you just display. You grow with them. They require daily or weekly interaction. Choose something they can live with and enjoy over time.”

Gender preferences

Betty has noticed distinct patterns in plant preferences over the years.

“Men prefer bold, structured, low-maintenance plants” like ZZ plants, with their thick, waxy stems and glossy leaves, snake plants with their upright, architectural form, and jade plants.

“Lately, men have also shown interest in fiddles, rubber plants, monstera, and umbrella trees,” she notes.

On the other hand, women are more drawn to colour and variety, so they lean toward lilies, dandelions, colourful succulents in various hues and shapes, and anything visually expressive that brings a pop of personality to their space.

Plants to approach with caution

Some plants carry cultural considerations or practical challenges that are worth keeping in mind.

For someone grieving, Betty advises caution. “For grieving individuals, avoid plants that need too much maintenance. These people need something simple and comforting that won’t add to their burden.”

How to make these plants personal

Customisation can transform a plant from a gift into a gesture that truly resonates.

Shivani suggests several thoughtful approaches for gift-giving.

Start by choosing a decorative pot that matches the recipient’s style or home décor. Include a handwritten note that explains the plant’s meaning or the reason you selected it. Provide care instructions that are suited for beginners or busy lifestyles.

For an added touch, consider pairing the plant with an accessory like a plant stand, basket, or small gardening tool. It’s also important to select a plant that has a symbolic meaning corresponding to the occasion, such as love, luck, growth, resilience, or new beginnings.

“We customise pots using different materials, like clay, fibreglass, ceramic, and concrete,” Betty explains. “Terra-cotta, clay, and fibreglass can be painted in any colour. We also offer personalised art, scribbles, or messages on pots to make them more meaningful.”

Treasury mulls infrastructure fund without supporting law

The government is considering setting up the National Infrastructure Fund without a law to back it, raising concerns about safety of hundreds of billions of shillings that the fund will manage.

The National Treasury says it is toying with the idea of either establishing the fund through a budgetary process or a Parliamentary legislation, and expects to have it in place by early 2026.

‘National Infrastructure Investment Fund programme doesn’t really have to be a Bill. We are still looking at modalities of setting up the fund without the Bill. It can be through parliamentary legislation or a budgetary process,’ said Treasury Cabinet Secretary (CS) John Mbadi.

The government plans to privatise a number of state corporations and use proceeds from the sales to support budget implementation.

During the current fiscal year, ending June 2026, Treasury projects to get Sh149 billion from privatisation of the entities, including KPC.

‘What we are thinking at the moment is having about 10 percent (of proceeds) going to the sovereign wealth fund and the rest going to the National Infrastructure Investment Fund. The details will be communicated once we form it up because even the Cabinet has to approve that,’ CS Mbadi said, adding that the government wants to have the fund in place by early 2026.

The National Infrastructure Fund first came into the limelight last month, when President William Ruto, during his state of the nation address in Parliament, indicated that it will be at the core of implementing a Sh5 trillion development dream over 10 years.

President Ruto laid down a plan to implement projects in health, education, energy and infrastructure, noting that the fund, together with the Sovereign Wealth Fund would provide seed funding.

The Treasury last week indicated that proceeds from the sale of the government’s 15 percent stake at Safaricom would be deposited at the National Infrastructure Fund. The Sh244.5 billion windfall is likely to be the first investment into the kitty.

‘The National Infrastructure Fund will be helping us in converting the privatised assets into commercially viable public infrastructure projects such as roads that would be dualled and tolled,’ CS Mbadi said.

He said the government projects to invest about 20 percent of a project’s value and leave the private sector to fund the remaining 80 percent.

The Treasury expects the government funding to de-risk projects will give confidence to the private sector to put its money into dams, airports, roads and electricity transmission projects deemed commercially viable.

Proceeds from the State’s portion of investment into the public private partnership projects would then be used to fund other projects that may not be commercially viable such as countryside roads, Treasury says.

Three key shifts for Kenya as development aid shrinks

The PS for Foreign Affairs, Dr Abraham Korir Singoe’i, and the Resident Representative of UNDP, J. L. Stalon, recently published an op-ed on ‘Financing Kenya’s Future amid Shrinking Development Aid.’

Their reflections speak to a pivotal moment. The shift from development assistance to trade and investment is becoming one of the most important developments in relations between the Global North and the Global South.

The world is changing rapidly and profoundly. In this region, one of the most consequential shifts is the rethinking of the development relationship between North and South. We are at an inflection point in global development.

For decades, Official Development Assistance (‘ODA’) was regarded as a necessary, irreplaceable, and noble engine of progress. But the world has changed.

Developing economies are no longer defined by deficits or dependency, but by potential, by market size, and by sovereign ambition. At the same time, developed countries are questioning the level of responsibility they carry for development beyond their borders.

Shift already underway

Belgium has decided to reduce its overall development budget by 25 per cent before 2029. Others have taken similar decisions, cutting development assistance by 30 or 50 percent or transferring a percentage of GDP from the development budget to the security budget. Under different circumstances, this would be seen as an existential crisis.

Yet geopolitics itself is in flux. On both sides of the debate, this shift is increasingly viewed not as a crisis but as a catalyst.

Earlier this year, public reactions in Kenya to the USAid funding announcement revealed how much attitudes have evolved. Former President Uhuru Kenyatta remarked, ‘Why are you crying? It is not our money,’ a comment that captured a growing sentiment about national responsibility.

Another Kenyan, surprised to learn how long the PEPFAR programme supplied free condoms, asked, ‘All those years? How were we not paying for that ourselves?’ These reactions, although informal, illustrate a wider realisation that reliance on external funding cannot remain the default path.

A watershed moment

The moment to reset the relationship is now. North and South are facing a watershed in their relations. Before long, former colonies will have been independent longer than they were under colonial rule.

Around the same time, the heads of State in these countries will belong to a generation born after independence. This watershed moment is happening as we are resetting our development partnership.

Growth and economic development will increasingly be driven by a growing middle class and participation in international trade and investment flows, rather than continual dependence on systems that perpetuate external determination of what is right or necessary.

This does not diminish the place of solidarity and ‘traditional’ cooperation. Europe’s post-war generations rebuilt their nations through institutions that reduced inequality, including free education, social security, and healthcare.

Later generations embedded these mechanisms globally and turned that historical responsibility into the ODA systems we know today.

The limits of philanthropy

However well-intentioned, it is now becoming clear that the modern development challenge cannot be solved by philanthropy alone. The capital needed to meet the Sustainable Development Goals amounts to trillions, and private finance is necessary to close this gap.

However, this level of demand requires institutions capable of effectively navigating between public and private capital.

Among others, Development Finance Institutions (DFI’s) possess these abilities. They provide patient and catalytic capital, facilitate early-stage risk-sharing, and craft blended finance arrangements that draw private investment into sectors vital to long-term development.

So, private capital will play a central role in the reset we mentioned earlier. Private capital that is scalable, efficient, and self-sufficient. And that is precisely the DNA of the private sector.

Our new environment, therefore, calls for three shifts. First, there must be a stronger focus on risk mitigation rather than risk avoidance.

Development agencies should pivot their instruments from grants to guarantees and from direct aid to co-investment, to reduce the real and perceived risks that often prevent institutional and corporate capital from flowing into emerging markets. This shift will be essential in attracting the volumes of capital required and DFI’s will have a central role to play.

Second, there must be an investment in systemic solutions rather than isolated projects. We need enabling environments that include infrastructure, digital literacy, and regulatory reform, as well as regional platforms that support cross-border trade.

The African Continental Free Trade Area offers a historic opportunity to build shared production hubs, create competitive regional value chains, and expand markets that attract global investors.

Third, there must be a commitment to local ownership and long-term sustainability. The ultimate measure of success is not how much aid was disbursed, but how quickly the local economy rendered that aid unnecessary. Development is an integral part of sovereignty, and each country carries that responsibility.

Africa’s emerging foundations

Africa is not starting from zero.

The continent’s demographic advantage, entrepreneurial energy and rapidly growing innovation ecosystems in fintech, agritech, climate technology and health systems are already shaping a new era of value creation.

As local industries deepen and regional markets integrate, Africa moves closer to a development paradigm defined by partnership rather than dependency.

Belgium and her European partners remain committed to Africa’s economic aspirations, because this partnership is grounded in shared values of innovation, sustainability and inclusivity. Development finance is not disappearing. It is transforming from direct provision to catalytic enablement.

The question is not whether partners will remain present, active and engaged. They will. The question is how we use modern instruments to drive sustainable development and to support the private sector and the middle class. This is a pragmatic and mature era of cooperation, shaped by leaders who recognise that historical models have reached their limit.

We should view the contraction of traditional aid not as retreat, but as an impetus to unlock a future defined by competitive industries, resilient societies, and a protected planet.

Our prosperity will be determined not by aid flows, but by the partnerships we build, the industries we scale, and the confidence we place in our own capacity.

Kalahari takes over EAPC after buying NSSF stake

Kalahari Cement has taken formal control of East African Portland Cement Company (EAPCC) after the National Social Security Fund completed the sale of its 27 percent stake to the Tanzanian tycoon-owned firm for Sh1.6 billion.

The stake transfer, confirmed on Monday, followed approvals from the Capital Markets Authority (CMA), the Competition Authority of Kenya (CAK) and the Ministry of Mining, giving Kalahari a 68.7 percent controlling interest in the listed cement maker.

The National Social Security Fund (NSSF) offloaded 24.3 million shares at Sh66 each. Kalahari had last month announced signing a share purchase agreement with the State-run pension fund.

Kalahari, which is ultimately owned by Tanzanian tycoon Edhah Abdallah Munif through Mauritius-based Pacific Cement Limited and Comercio Et Consiel Limited, has been raising its stake in EAPCC following a separate deal with Swiss multinational Holcim.

Holcim last month sold its 29.2 percent holding at Sh27.30 per share -representing a 46.2 percent discount to EAPCC’s share price at the time.

The contrasting valuations between the Holcim and NSSF disposals underscore the volatility around EAPCC’s pricing in recent months, with the firm’s current market capitalisation standing at Sh7.5 billion against a June 2024 net asset value of Sh20.4 billion.

The completed deal lifts Mr Munif’s effective exposure in the Kenyan cement market, adding to his 12.5 percent interest in EAPC held through Bamburi Cement, which he acquired through Amsons Group in December 2024.

Amsons said in its statement that it intends to inject fresh capital into EAPCC following the transaction and plans to increase production capacity significantly, including building an additional clinkerisation plant.

‘We see so much potential in the cement market in Kenya, and we are committed to growing it even more. We plan to make a significant investment in EAPCC with the aim that we triple production capacity in the next three years,’ said Munif.

EAPCC has struggled with persistent losses for more than a decade, only issuing a dividend this year due to proceeds from land sales rather than improved operations.

The new majority ownership now places responsibility for the turnaround on Amsons, whose ongoing projects include a 5,000-tonne-per-day clinker facility in Kwale being developed by Bamburi Cement at a cost exceeding $300 million (Sh38.8 billion).