Category: Business Daily

At only 12 years old, Humphrey Wattanga left home for boarding school. He later attended Alliance High School, where he topped the KCSE [Kenya Certificate of Secondary Education] exams in 1990, followed by a degree in Biochemical Sciences (cum laude) from Harvard University and an MBA from the Wharton School of the University of Pennsylvania. These are the experiences that shaped him into who he is today, the Commissioner-General of the Kenya Revenue Authority (KRA).

Before this appointment, he was the managing director of Meghraj Capital Group, the investment banking advisory arm of the Meghraj Group, and an international firm founded by Meghji Pethraj Shah (MP Shah). He is a platinum member of the Kenya Institute of Bankers.

His intellectual heft is not in doubt, but does he ever get tired of being ‘smartest man in the room’? To be smart, he says, is to be aware. ‘You have to continually improve.’

As a tax collector, do you think people somewhat resent you?

[Chuckles] I think tax collectors, from as far back as the days when Jesus walked this path, had a reputation which has not been easy to change. I don’t take it personally, but I represent, and I’m part of an institution called KRA, which in and of itself has built an association and a reputation with the public over the period of its existence, which is 30 years.

We acknowledge that that has not necessarily been a favourable reputation over the years. The question is, what is it that we have learned in the past, and how do we improve on it going forward so that we can be seen to serve the public in much more favourable terms? I seek to transform tax administration and the tax processes to be as painless and passive, and even pleasant to our clients as possible.

I have to say, you sound well media-trained.

Haha!

Looking back at your career, what was your Eureka! A moment that made you realise you were onto a good thing?

After I finished high school, I went to medical school at Chiromo.

Then, having been the top student in Kenya in the KCSE, I got this scholarship to go to Harvard University, where I studied biochemistry, trying to contribute to science and see how we could bring advanced molecular genetics and scientific research to Africa to attend to our specific set of medical challenges.

But then I realised for us to have the technology and the capacity to do advanced research,we need resources.

One thing led to another, and I got the Nelson Mandela Hope Worldwide that took me to the Wharton School of Finance, where I slowly drifted into finance and technology, graduating in 2000, at the peak of the dot-com economy.

In 2002, the dot-com bubble burst, and the company that I was working for was then acquired by the biggest telecommunications company in the US, AT and T, which then bought into South Africa Telecom.

I was part of the team that was then sent to South Africa, where my three-month assignment turned out to be almost nine years.

That was a great opportunity to view the challenges and opportunities in Africa from a developmental perspective.

Within that time, I was engaged by the government of South Sudan.

After the signing of the Comprehensive Peace Agreement on January 9, 2005, I was one of the economic advisers. We then moved into Juba. As you can see, it has been an adventure. [chuckles].

What does it take to get here?

Foremost is diligence and recognising that you need to work hard and effectively take advantage of the opportunities. Our parents instilled in us that education was the principal path out of the circumstances we were raised in.

You have to push yourself into available opportunities and work to excel once you get into a position so that you can rise above your peers, get recognised, and almost always, that opens more doors for you. It’s hard work and discipline.

There’s hard work and discipline, but how much luck does one need for their name to be whispered to the right ears?

I’m not certain one can quantify luck [chuckles]. Because luck is an opportunistic event. You want to be ready and prepared if and when that aspect of luck happens. I wouldn’t say I’ve been lucky.

Looking at my journey, to some extent, I have made an effort toward something, despite the uncertainty. And then maybe what you then call luck comes. But it’s not something that just appears out of the blue.

You’ve studied at Wharton and Harvard, you were the top KCSE student in 1990, and the 20th nationally in the 1986 KCPE. You are quite the intellectual and bookie. Do you ever feel ‘not smart’?

Haha! You don’t go about feeling smart. If there’s anything like smartness, I think it is a thirst for knowledge, a desire to improve oneself in terms of technical know-how, social capacity, and not just purely academic per se.

To be smart in a complex context, such as the one we exist involves a lot of consciousness, which is partly technical, partly social, partly political. So, it’s a composite of all those things. And it’s an evolving aspect. To be smart is to be aware; you have to continually learn, engage, improve, and consult.

If you were to interview and hire yourself for one skill, what would that be?

The ability to interrogate and analyse situations, what we call, in a very simplistic sense, SWOT [Strengths, Weaknesses, Opportunities, and Threats] analysis.

The ability to move into a space and understand the context and figure out where the gaps are and the very strategic or tactical input that is required to have the greatest impact.

Which of your career moves paid off immensely?

Leaving the US for Africa. In 2004, I moved to South Africa and established a corporate finance and transaction advisory firm. This venture gave me extensive exposure to, and a deep understanding of the developmental challenges, as well as the immense potential and opportunities on this continent. It was an alignment that put me on the exciting journey of tackling some of Africa’s most pressing challenges.

Now that you occupy this seat, are you ever that friend in ‘high places’ whom people call because ‘Humphrey can make this or that go away’?

It’s only human that your friends or those who have access to you will try to reach out to address their issues and challenges. I’ll be available to listen, which is an important part of intervention. Whether I act is a different matter [chuckles].

You occupy a position where you’re more often than not in a Mexican standoff situation. How do you not let that seep into your personal life?

It begins with you understanding your mandate, and responsibility, and the degree of freedom that you may or may not have.

I think with that clarity in mind, because in most cases, the asks that might come to you, some people think that because you occupy this space, you can do anything.

My priority is collecting taxes and mobilising resources for the critical development of this country. I’m here specifically to maximise the mobilisation.

What did they not tell you about this seat?

The way the organisation is funded. I spend a significant amount of my time looking for funds to run the organisation. But there’s always the notion, even among some fairly senior people in government, that KRA collects these trillions, so it should have enough first for itself.

But that’s not the way the government is set up, and specifically for this organisation. We are funded through the normal budgetary processes, and I am constantly seeking resources to run the organisation.

What has leadership taken from you that you did not expect to lose?

I’ve been fortunate to be in leadership for a long time, since high school, where I was appointed the school captain at Alliance High School.

That was quite the experience, in the sense that, in terms of limitations, what it takes from you, sometimes that’s the flexibility and some relative freedoms that many others enjoy.

Because you have to be self-conscious to a large extent, which, I should note, is not necessarily a bad thing. You can’t just pop up anywhere and say anything. Also, to some extent, it limits your availability to friends and family.

Having been a leader throughout your life, when do you ever just discard the cloak and be a man? A father, a husband, a Humphrey.

I don’t think my children recognise my titles [chuckles]. Largely, I try to find a day, like say on Sunday, go recharge, spend time with them, or sometimes take a few days of vacation. Sometimes it is just as simple as waking up early, having breakfast with the children, and then, if possible, take them to school, and then go and become Commissioner-General.

You’re a high achiever. And naturally, we talk about ‘filling one’s father’s shoes’. Do you think that puts pressure on your children?

I imagine it does to some extent. But I think we’ve gotten here partly because of the push that we got from our parents. For them, it was about trying to ensure that we take advantage of the opportunities, particularly education, so that we can cross over to the other [better] part of town.

For our children, it’s different. They are already in this part of town [chuckles]. Our task now is to find a way to instill the importance of staying focused, disciplined, and working hard, but without necessarily burdening them, trying to make them who you are, or that they feel they can’t emulate what you’ve done.

You want to balance it in a way that they can also chart their own path and succeed in whatever it is they want to do without trying to mirror you.

What part of fatherhood don’t you currently have a handle on?

I’d like to spend more time with the children, especially as they get older. Time moves very fast, and in my case, I pretty much left home when I was 13 to go to high school.

Looking back, I effectively never went back home because it was a boarding high school, then Chiromo, then I went to the US for 21 years, and by the time I came back, my parents were old.

My dad passed away five years ago and since then I have always stayed mindful that I have a very short time with my children, a small window of time to have influence and impact before they leave. That is what concerns me: When will I have that?

Has being a parent made you understand your father more?

When I was going to boarding school, my parents were moving from Nairobi to Kitale, and even then, we never went home during most of the holidays. But I understood my dad. He was a smart guy, fairly driven in his own sense, an accountant. It’d be interesting for him to learn that, though I’m not one, I’m effectively leading an organisation full of accountants.

We eventually become our fathers.

Yeah, I think so.

When you look back over your life, what feelings come to you?

A journey driven by a desire to push the envelope and pursue my passions, both from a professional and social perspective. To build and hold a family together. And when I say family, it’s the greater family while maintaining and building on my co-friendships from the hood to the US.

Have your friendships become more vital with age? And when did that realisation come, having been all over the world?

I’ve been fortunate, I know it sounds like a broken record, but you can’t talk to an Alliance guy without it being mentioned, haha! For those of us who went to Alliance, wherever we went, we were always there.

When I was at Harvard or Wharton, there were Alliance people there, like John Gachora of NCBA. Most of us are now back in Kenya, and we had the opportunity to continue with our friendships.

I’ve also been fortunate to still maintain, not to the extent I would have liked, some of my friendships from where I grew up, in Uhuru Estate Primary School and my Buruburu days.

What has success not fixed?

That’s a very difficult question [chuckles]. Success is a relative term and a journey. I cannot say this is it, that I’m successful, I’m fixed here.

The relative success that I’ve had has only inspired me to aspire to greater successes, with the objective of having a bigger and greater impact in the lives of those that I love and care for, and in the community and the nation-state that I exist and that has given me the mandate and the obligation and the responsibility to provide that advancement and provide an angle for a long-term sustainable impact going forward.

You’ve managed me there, but since we are chasing the day, I’ll ask one final question. When you look in the mirror, what kind of man do you hope to see?

I hope to see somebody who’s happy and fulfilled in having optimally and fully applied themselves and leveraged every opportunity that they came across, and in so doing, having had the desired impact to make a difference.

The Employment and Labour Relations Court in Nairobi has stopped Speedaf Logistics Limited from declaring some of its employees, including courier officers, riders and drivers, redundant.

This is pending the hearing of a case filed by the Communication Workers Union of Kenya (CWU), which accuses the courier and delivery services company of using mass layoffs disguised as restructuring to thwart unionisation efforts.

In court documents seen by the Business Daily, CWU says Speedaf’s July 9 redundancy notice was a ploy to dismantle union representation, just months after 35 workers had joined the union.

In its verdict, the court noted that the union had demonstrated a prima facie case (sufficient evidence at first glance to support its claims) and that the affected employees risked total job loss if the process continued before the case was heard.

It ordered Speedaf to halt all redundancy actions under the July 9 notice.

‘Pending the hearing and determination of this claim, the respondent is hereby restrained from declaring the claimant’s members and unionisable employees redundant pursuant to the notice dated July 9, 2025,’ reads the October 31 ruling.

Further, the court directed CWU and Speedaf to file their responses within 21 days.

The union claims the company neither consulted it nor notified the County Labour Officer as required by law, and was using restructuring as an excuse to replace some of its staff with outsourced labour under a new franchise model.

‘Respondent expressed its intention to close its business and transfer operations to several other entities described as enfranchises,’ CWU submits.

According to Speedaf’s replying affidavit, its total workforce comprised 114 employees at the time of the redundancy notice, 34 of whom CWU had recruited, representing 29.82 percent of the total workforce.

The company, however, argues that this figure falls short of the statutory threshold required for recognition per the Labour Relations Act, which stipulates that a union needs a simple majority of the unionisable employees (at least 50 percent plus one) to be legally recognised.

Speedaf holds that it was restructuring to improve efficiency, reduce parcel losses and resource theft, and ensure sustainability. It maintains that it informed the union about the restructuring before sending out redundancy notices.

Additionally, the company accuses a CWU recruiter of coercing employees, including those in management positions, to join the union.

On its part, CWU says the company has since been recruiting new employees; the union claims it confirmed the engagement of nearly 20 new staff within a month of declaring redundancies.

It terms the purported redundancies as retaliatory, targeting its members for their trade union activities and aimed at undermining the ongoing recognition dispute.

The TelPosta Pension Scheme has activated a nationwide disposal of 64 houses and plots of land in a bid to correct a massive breach of investment limits that has left the fund overexposed to real estate.

The scheme is selling 16 flats, 14 vacant plots and 34 bungalows spread across Nairobi, Naivasha, Nyeri, Nanyuki, Kericho, Karatina, Isiolo and other towns, in one of the biggest single pension property disposals seen in recent years.

The current real estate exposure currently stands at 82 percent of its total asset base, which is nearly three times above the legally set limit of 30 percent.

Trustees of the scheme said the sale of the properties is necessary to restore compliance and free up liquidity to settle benefits for pensioners who were members of the old State-owned telecoms and postal sector before the liberalisation era changes at the turn of the millennium.

The firms included the defunct Kenya Posts and Telecommunications Corporation, Telkom Kenya Limited, Postal Corporation of Kenya and the Communications Commission of Kenya (now Communications Authority of Kenya).

The pension scheme inherited most of the assets more than two decades ago during the government’s restructuring of the postal and telecommunications sector.

‘In November 1999, the government vested in TelPosta Pension Scheme trustees various properties for purposes of discharging pension liabilities in respect of any person who on June 30, 1999, was entitled to receipt of a pension,’ wrote the trustees in a public notice.

As the cash demands on the scheme grew, especially from retirees whose pension rights stretch back to the late 1990s transition period, the mismatch between physical assets and liquid income-generating assets appears to have reached a breaking point.

‘The scheme’s property portfolio currently stands at 82 percent, which is above the 30 percent limit set by law. The board of trustees sought and received concurrence to dispose of the properties to ensure compliance,’ added the trustees.

The properties have now been formally placed on tender, with bids closing on December 1 this year.

Real estate has been among the top attractive holdings for many legacy pension schemes, especially those that inherited land and housing stock during State restructuring phases in the 1990s.

This has, however, created liquidity hitches for funds that require cash to meet pension payment obligations.

The High Court has dismissed a petition filed by the widow of former Finance Minister Arthur Magugu, over a contested land worth Sh17 billion in Muthaiga North.

The court dismissed the petition saying issues raised by Margaret Wairimu Magugu, touched on land and should be handled by the Environment and Land court.

‘The matters raised in the petition are issues preserved for the Environment and Land court. The court is therefore, precluded from assuming jurisdiction in matters reserved for other courts,’ said the judge.

The widow had accused Karura Investment of illegally hiving off part of her 82.4-acre land in Muthaiga North and was in the process of subdividing and disposing the disputed land.

Karura Investments Limited, which claims to own the land, asked the court to dismiss the case arguing that it was a fresh attempt by Ms Magugu to litigate the matter after failing in previous occasions.

Evidence presented in court showed that Magugu obtained the title deed for a 101-acre piece of land in Muthaiga from Joreth Ltd on December 16, 1982. Magugu used the land, registered as LR number 12422/9, as collateral when his company Commercial Commodities Ltd borrowed Sh25 million from Grindlays Bank, now trading as Stanbic.

In November 1988, Magugu allegedly instructed his surveyor to initiate subdivision of the property into two parcels – one measuring 88.6 acres and another 12.9 acres. On October 25, 1993 the land was eventually subdivided into LR number 12422/203 measuring 12.9 acres and LR number 12422/204 measuring 88.6 acres.

But on the same morning, another application to subdivide the larger portion was made, and the subdivision process completed within three-and-a-half hours. The application was given the same computation number as Mr Magugu’s from five years earlier – 23380.

Ms Magugu said the family discovered the changes when she filed a succession case. The court, allowed Ms Magugu to appeal against the ruling.

Art lovers in Nairobi splashed nearly Sh30 million as they fought for a chance to grab some of the rarest artworks from the region and beyond.

When the dust settled, a 1968 painting ‘Baobab under the Red Moon’ by Tanzanian artist Francis Msangi, who died in 2003, emerged the most coveted item of the evening, fetching Sh3.5 million.

The painting sparked a six-minute bidding war, making it one of the night’s most fiercely contested lots.

With its auction value put at between Sh1 million and Sh1.5 million, the painting shattered the fences of its valuation as the bidding war raged on.

The Tanzanian artist also had the second most expensive artwork of the night. His 1961 oil-on-canvas painting ‘Lusiki’, which features a woman in the nude lying on her side, sold for Sh1.6 million after five minutes of topsy-turvy bids. This was the first time ‘Lusiki’ was up for grabs at the event.

The Art Auction East Africa, organised by the Nairobi-based Circle Art Agency in conjunction with South African auction house Strauss and Co, saw collectors and enthusiasts gather in Nairobi’s Kilimani for a night of cut-throat bidding.

With the auction generating more than Sh29 million, it became the highest-grossing art sale of the last three years. In 2024, the organisers said, the auction generated more than Sh27 million.

In 2023, the total sales were Sh23.3 million. Sales for 2022 were above Sh30 million while the 2021 auction netted Sh25.25 million.

During Wednesday’s auction, 66 artworks were up for grabs, with the sales target being Sh27 million. Not only was the target surpassed by at least Sh2.7 million, but also there was a surge in the valuation of some of the items available.

Tanzanian artists bagged the top three slots of the most prized artworks of the night. With Francis claiming the first two, the third spot was taken by Sam Joseph Ntiro with his oil-on-canvas painting ‘Working in the Fields’ estimated to have been done in the 1970s. Sam, who died in 1993, posthumously saw his painting fetch Sh1.3 million.

Francis, on the other hand, studied art at Makerere University, where he was awarded the Trowell Prize for top performance.

He taught art at Nairobi and Kenyatta Universities from 1968 to 1973 before moving to California for 12 years to study on a scholarship. Studying art up to PhD level, he later returned to Kenyatta University where he lectured at the arts department.

The fourth most prized artwork was ‘Still Life’ by Ugandan artist Geoffrey Mukasa, who died in 2009. It sold for Sh1.2 million.

According to the auction organisers, Geoffrey is a Ugandan royalty. He spent part of his childhood in the King’s palace in Buganda. Following the coup of Idi Amin, Geoffrey left Uganda to study fine art at the Lucknow College of Arts and Crafts in India.

Coming fifth was the 2021 acrylic-on-canvas artwork ‘The Movement of Daisies’ by Sudanese artist Miska Mohammed that fetched Sh1.1 million.

The top four top-grossing artworks were in the ‘rare works’ category.

Speaking to the BDLife before the auction, Strauss  and  Co managing executive director, Susie Goodman, said: ‘We’re hoping to sell about Sh25 million to Sh26 million worth of art.’

Alastair Meredith, a senior art specialist at Strauss  and  Co, said there has been little exposure of some of the artists whose works were on offer, meaning not all in the audience appreciated ‘what artists, what modernists they were’.

Danda Jaroljmek, the director of the Circle Art Agency, who established Art Auction East Africa in 2013 as a platform to cultivate a secondary market for East African artists, said in a press release ahead of the auction that the works on sale, especially those from East Africa, ‘underscore the breadth of artistic practices over the past six decades’.

While it had earlier been indicated that the oldest item at the auction would be ‘Lusiki’, buyers were treated to a surprise treat of three paintings from 1926 by South Africa’s Jacob Hendrik Pierneef, who died in 1957.

Two of his works did not meet the reserve price, but one of them, ‘Mombasa’, sold for Sh446,120. It was done with watercolour and pencil on paper.

Kenyan artists had a night of mixed fortunes at the auction. The Kenyan artist with the most sought-after item for the evening was Justus Kyalo, whose 2021 painting ‘More Light a Little’ fetched Sh1 million after three minutes of bidding.

Justus, who is trained as an illustrator, is a celebrated artist whose work can be found in many collections including KPMG, the French Embassy, Ford Foundation, Safaricom, and the World Bank in Washington.

The second most successful Kenyan was Beatrice Wanjiku, whose 2010 ‘We Are Who We Are’ snapped Sh938,200. Beatrice, an alumna of the Buruburu Institute of Fine Arts, has created works that have been exhibited and collected widely.

Another unique Kenyan project was a sculpture made collaboratively by Kenyan sculptor Gakunju Kaigwa and Zimbabwean sculptor Tapfuma Gutsa. Titled ‘Mami Wata’ and made just this year, it fetched Sh692,660, making it among the top 12 sellers of the night.

This was the first time that Strauss and Co was involved in the auction.

‘We are especially excited to deepen our engagement with artists, collectors, and institutions in East Africa. Strauss and Co has a global client base, and we are excited at the prospect of taking our clients on this exciting journey,’ said Ms Goodman ahead of the auction.

This year’s auction also saw the coming in of an art insurer – iTOO Insurance – that was brought in by Strauss and Co. Gail Bosch, the iTOO Artinsure Product Head, said in a press release that the firm is exploring the East African market.

‘With the worldwide popularity of African art, we are looking forward to offering our specialist cover for collectors and fine art dealers to the broader East African and African market and sharing our expertise,’ she noted.

Safaricom reported a 52.1 percent rise in its half-year profit to Sh42.7 billion, helped by a smaller loss in Ethiopia and M-Pesa’s double-digit growth.

Its net profit grew from Sh28.11 billion the previous year, and it expects to declare an interim dividend in February.

The Kenya business continued to be the main profit driver on the back of M-Pesa, the firm’s largest unit and on course to generate half of the telco’s revenues.

Its reported loss in Ethiopia dropped by 59 percent compared to the first half of the previous financial year, which was heavily impacted by a depreciation of the birr currency.

The loss in Ethiopia that is attributed to Safaricom dropped to Sh15.2 billion from Sh19.4 billion in the same period a year earlier, translating to a gain of Sh4.2 billion.

Safaricom launched in Ethiopia in 2022 as the Addis government opened up the tightly-controlled economy to foreign competition and is hoping its presence in Africa’s second most populous country will power future growth.

Its diversification from the saturated voice and SMS business is paying off, with M-Pesa, mobile data and fixed internet emerging as sales drivers.

Revenue growth

Safaricom’s revenue rose to Sh199.9 billion in the six months to September, from Sh179.9 billion in the same period a year earlier, reflecting a 11.1 percent growth.

Revenue from mobile financial service M-Pesa rose to Sh88.1 billion from Sh77.2 billion previously, reflecting a growth of 14 percent.

‘In Ethiopia, currency reforms are starting to create a more liquid market and losses in our business have reduced by 20 percent as our business matures, even as current and pricing reform challenges persist,’ Safaricom CEO Peter Ndegwa said at a briefing.

‘New areas like insurance and investment have allowed us to add more value to the M-Pesa base we have. So, if you have a boda boda rider with a connectivity solution, and then we provide insurance, they will see more value from Safaricom.’

At 2.30 pm, the firm’s shares were trading at Sh29.70 compared to Wednesday’s closing price of Sh29.90 at the Nairobi Securities Exchange, where it has gained 81.76 percent since the start of the year.

Safaricom is also ramping up its data business to offset a decline in mobile calls on increased investments in 4G and 5G networks, as voice saw a small revenue fall due to saturation and rivals like WhatsApp.

The voice business recorded a 0.5 percent decline in revenues to Sh41 billion, marking a big shift as mobile data for the first time overtook sales from calls.

The telco has, in the past five years, raced to convert millions of 2G and 3G users to 4G and some to 5G.

This has come through partnerships like the one with Google, where they are offering affordable smartphones, with customers paying as little as Sh20 a day for nine months.

Besides M-Pesa, data is one of Safaricom’s fastest-growing revenue lines, and it hopes that increased smartphone usage will boost it further.

Revenue from mobile data, where Safaricom has been aggressively fighting for market share, rose 18.2 percent to Sh44.4 billion, while fixed internet to homes and offices rose 10 percent to Sh9.1 billion.

‘We have seen a shift during the first half, indicating changes in customer preference where we have seen voice and messaging revenues drop, but this has been compensated by the growth in mobile data,’ said Dilip Pal, Safaricom chief finance officer.

‘Mobile data revenue has for the first time surpassed voice revenue and now accounts for 21 percent of total service revenue. The number to look at is 4G devices within our network and from that, the number of customers using more than 1GB (one-gigabyte) of data per month has increased.’

Revenues from SMS dropped 10.9 percent to Sh5.5 billion as messaging apps like WhatsApp continue to munch its market share.

The shifts in earnings reflect Safaricom’s alteration from a telecom firm to a technology and financial services company offering loans to insurance and unit trusts.

Safaricom expects to make a profit in Ethiopia in the year ending March 2027.

The Senate has asked the High Court to dismiss a petition by techies who are opposed to a law granting immunity to global tech firms such as Meta and Google, from prosecution for labour and human rights violations.

Senate says the case challenging the Business Laws (Amendment) Bill 2024 is speculative and premature.

The Bill, which grants tech companies immunity from being sued in Kenya for labour and human rights violations, has since been transmitted to the National Assembly for consideration.

There are ongoing court cases where workers including content moderators have sued Meta- the owner of Facebook, for alleged human rights violations and toxic work environment.

The techies are apprehensive that if passed into law, the Act will prevent future legal action against global tech firms, for similar abuses.

‘The orders sought in the application and the petition further violate the principle of separation of powers that requires each arm of government to carry out their roles independently and without interference from the other arms of government,’ the Senate said in response.

The Senate added it was not necessary to grant the orders stopping the processing of the Bill, as the court can still exercise its powers in the event it is passed into law.

According to the Senate, the lawmakers passed the Bill pursuant to their constitutional mandate and the orders being sought were therefore, an affront to the legislative role of Parliament.

The court directed the tech workers to serve the court documents on the National Assembly and set the case for mention on November 25, for directions.

The 34 tech workers stated that while the Senate had asked the public to submit memoranda on the Bill, no real effort was made to consider the documents.

Further, they said a public participation report was not presented to the Senate, and the tech workers were, therefore, denied an opportunity to meaningfully participate in the legislative process.

Tech workers said of interest to them is Clause 10 of the Bill, which provides that in cases where tech workers have been engaged through Business Process Outsourcing (BPO) companies acting as agents for tech companies, it is the BPO that would be liable for any claim raised by tech workers regardless of whether another party (the tech company) was responsible for providing the tools of trade and was the sole beneficiary of the tech worker’s labour.

The impact of the provision, argued tech workers, is to cushion tech companies from being held accountable for violations of Kenyan laws.

‘While the Business Laws (Amendment) Bill has yet to be considered by the National Assembly and therefore yet to become law, the harm addressed by this Petition has materialised, making this Petition one that is ripe for consideration by the court,’ stated the petition.

The petitioners pointed out that the extensive use of these technology services in Kenya and in Africa has created a huge appetite for tech workers to power their operations.

The recent unfortunate tragic incident at the Lake Basin Mall in Kisumu is saddening and has stirred deep public emotion and reignited debate over how the Kenya Revenue Authority (KRA) conducts its tax enforcement.

In a recent commentary, a writer painted a grim picture of the taxman, suggesting that the institution’s approach has bred fear and despair among taxpayers.

While such reflections are understandable in the wake of a tragedy, the discussion must remain measured, factual, and fair.

Despite the many concerns, it is true that KRA is not merely an arm of enforcement, it is equally the engine that fuels public services, infrastructure, and national development.

Let me begin by emphasising that no life should ever be lost because of a tax dispute. Revenue collection must never come at the cost of human dignity.

As a nation, we must always remember that taxation is not merely about collecting money, it is about sustaining trust and enabling the shared progress of our society.

Across the world, tax authorities face the delicate balance of collecting revenue without stifling enterprise. Kenya is no exception. The KRA operates under the law, guided by policies that have been debated, legislated, and approved through public processes. Its mandate is not self-imposed; it is a national responsibility.

Taxes fund the roads we drive on, the schools that educate our children, and the hospitals that serve millions of Kenyans. Without revenue, there can be no sustainable development. To demonise KRA wholesale is to overlook the essential role it plays in keeping the wheels of government turning.

Though not yet where it supposed to be, we must agree that, over the years, the KRA has been transforming from a rigid collector into a service-oriented organisation.

The introduction of the iTax system, eTIMS, and voluntary disclosure programmes has made compliance easier and more transparent.

Thousands of taxpayers now file and pay taxes from the comfort of their phones, a far cry from the bureaucratic systems of the past.

The authority has also increased its engagement with stakeholders, from citizen assemblies to professional bodies and business associations, in an effort to make tax policy more responsive. These are not the actions of an institution bent on ‘desolation,’ but of one trying to balance its duty with compassion.

Though trying, the Kisumu incident was deeply unfortunate, and until investigations are concluded, it would be premature to draw conclusions about the whole sad occurrence.

Linking the tragedy directly to institutional policy risks oversimplifying a complex issue.

The taxman works under immense pressure to meet national targets and keep the country running. To cast them as villains ignores the dedication of the authority to sustain the economy of this country.

For Kenya to achieve true economic independence, taxation must be seen as a shared civic duty, not a punishment. Compliance and fairness must go hand in hand. While taxpayers fulfill their obligations, the KRA should continue to refine its systems to make compliance seamless and humane.

Constructive dialogue, not condemnation, is what will move Kenya forward. The KRA has shown willingness to listen and adapt; now citizens, too, must play their part by coming out strongly to engage the tax agency.

At the heart of this debate lies a simple truth: no nation can prosper without an effective tax system. Criticism has its place, but it should be tempered with recognition of progress and an understanding of the complexities of public finance.

Rather than framing the KRA as an enemy of the people, we should see it as a partner in national growth, one that is learning, evolving, and striving to serve better. Reform is not achieved overnight, but it begins with dialogue grounded in balance.

The bid to start competitive importation of cooking gas has derailed after a parliamentary committee rejected regulations that would allow the State to introduce an open tender system (OTS) for the commodity.

The National Assembly Committee on Delegated Legislation says the Petroleum (Operation of Common Petroleum Facilities) Regulations, 2025 were tabled in Parliament outside the stipulated time. It added that there was no public participation in formulating the laws.

The regulations would allow for the designation of private cooking gas handling terminals as common-user facilities. The energy regulator would then set tariffs for the handling and storing of LPG, and also set retail and wholesale prices of cooking gas.

Under the OTS model, the tender to ship petroleum products is awarded to the bidder who quotes the lowest price, ensuring that importation of the cheapest but quality fuel.

‘The committee recommends that the House annuls in entirety the following regulations for the following reasons; the legal notices were published on May 10, 2025 and transmitted to the clerk of the National Assembly on July 11, 2025 being outside the seven sitting days timeline contemplated under section 11(1) of the Statutory Instruments Act,’ the committee says in the report.

‘Failure to demonstrate public participation in compliance with Article 10, Article 118 of the Constitution and Section 5 of the Statutory Instruments Act.’

The government is relying on the regulations to permit the import of cooking gas via the OTS, which could enable it to control the retail price of the commodity, as it does with petrol, diesel and kerosene.

Currently, cooking gas is imported privately using two terminals, which has made it impossible for the State to intervene and control prices as it does for petrol, diesel and kerosene.

The Petroleum (Operation of Common Petroleum Facilities) Regulations, 2025 are one of ten new regulations that the committee wants revoked.

Early last month, Daniel Kiptoo, the Director General of the Energy and Petroleum Regulatory Authority (Epra), said that the new laws would anchor the shift to OTS importation of cooking gas.

Cooking gas dealers have failed to lower the price of the commodity in line with tax breaks introduced by the government, prompting the latest push to switch to the OTS.

Other regulations that the parliamentary committee rejected sought to allow the sale of cooking gas in tokens, which could enable more low-income households to afford the commodity for cooking.

Parliament is expected to debate and consider the committee’s recommendation to reject the ten regulations. Members of Parliament have traditionally agreed with proposals from House committees.

Old Mutual has scored a win after the Court of Appeal stopped insolvency proceedings brought against the insurance firm by businessman Joel Kibe.

The appellate court further suspended an order issued by the High Court directing the insurance firm to deposit Sh500 million from the intended sale of Old Mutual Tower in Upper Hill, Nairobi in an escrow account.

The court noted that the company’s business is very sensitive and may be disrupted by any negative publicity and in case there were to be a run on the firm, the success of the intended appeal would not be cured by an award of damages.

‘In our view, the grounds pointed above are not idle grounds but constitute arguable issues for the purposes of this kind of application,’ said the court.

The court said once investors bolted from the company, they were likely to look elsewhere and would be reluctant to plough back their resources into an entity with negative publicity.

‘We direct that pending the hearing and determination of the applicant’s intended appeal against the ruling of Mongare J, dated February 28, 2025…there be a stay of further proceedings therein,’ said the court.

Mr Kibe sued the company seeking to compel it to buy his 1.544 million shares, together with interest of 18 percent.

The tycoon also filed the petition seeking protection for what he termed as ‘oppressive conduct’ by the majority shareholders. He is seeking, among other remedies, liquidation of the company under Section 424 and 425 of the Insolvency Act.

The insurance firm opposed the case and challenged Mr Kibe’s authority to file the case. Old Mutual submitted that if the proceedings are not stopped and the petition proceeds, the possibility of the investors withdrawing their funds from the company in a hurry cannot discounted.

The company further said the continued hearing of the petition was likely to pose grave and far-reaching consequences on its survival in a highly regulated financial market, financial standing and reputation.

According to the company, the move was likely to trigger panic and unjustified alarm in the market among its investors. The business, it was contended, depends on its reputation and confidence of its customers in it and that the presentation of the petition is hostile to the survival and growth of the insurer.

The company said it had posted its financial performance reflecting that the net profit has grown by 835 percent from the loss of Sh114 million in 2023 to Sh838 million in 2024, hence the court should allow the firm to continue on the positive trajectory for the benefit of its investors.

The firm told the court that Mr Kibe was free to sell his shares in the same manner he bought them, but instead of seeking to sell his shares, he is only keen in winding up the company.

Mr Kibe, who says he invested a total of Sh245.6 million in Old Mutual’s predecessor, UAP Holdings ltd, opposed the case arguing that he and other minority shareholders were denied the opportunity to sell their shares.

He claimed thaat the directors of the company have sold or are in the process of selling all the company’s assets including Old Mutual Tower and its Tanzanian subsidiary.

The tycoon added that the company has not rendered accounts for the mass sales of the company’s assets and the proceeds, which he claimed were being diverted to foreign accounts.

The High Court had in February allowed the insurance firm to sell UAP Old Mutual Tower, in Upper Hill on condition that it deposits Sh500 million in an escrow account, in the event that tycoon Kibe, wins his battle with the firm.

The insurance firm had disclosed that it intended to sell the building for Sh5.5 billlion and use the proceeds to offset loans and other obligations.