Email won’t do: Court rules tax assessments and objections outside iTax invalid

A tax assessment generated outside the iTax system cannot be deemed a valid assessment under the law, the High Court has ruled.

Likewise, the court said an objection to a tax assessment must also be lodged through the same iTax system to be legally valid.

The court made the decision in a Sh1.13 billion dispute between the Commissioner of Domestic Taxes and Hanqing Zhao, an individual taxpayer dealing with general supplies.

According to the court, the iTax serves a critical statutory and administrative function as the prescribed electronic platform, ensuring that each objection is linked to a specific assessment, assigned a unique reference number, and bears an official time stamp indicating the precise date and time of lodgement.

‘These features provide the necessary transparency and certainty in the computation of timelines and tracking of objections under Section 51(11) of the Act,’ said the court.

In the matter, Kenya Revenue Authority (KRA) investigated the affairs of the taxpayer between 2018 and 2023 and issued a notice of assessment totalling Sh1.136 billion.

Unsatisfied, the taxpayer lodged an objection by letter on September 29, 2023 sent to the KRA’s mail. The taxman then issued a demand notice for the full amount assessed on the basis that no objection had been formally filed by the taxpayer on iTax.

However, following discussions between the parties and authorisation by the KRA for the filing of a late objection, the taxpayer eventually lodged a formal objection on the iTax portal on November 30, 2023.

After the objection was lodged on iTax, the Commissioner of Domestic Taxes issued a decision on the objection, confirming the tax liability but reducing it to Sh1.129 billion.

The taxpayer was still not satisfied and challenged the decision before the Tax Appeals Tribunal. After hearing the dispute, the tribunal ruled in favour of the taxpayer saying the commissioner’s objection was issued outside the 60-day period prescribed under Section 51(11) of the Tax Procedures Act.

KRA appealed to the High Court.

The court noted that the law governing objections to tax assessments provides that the commissioner must take a decision within 60 days of receiving a valid notice of objection.

If no decision is made within this timeframe, the objection is deemed to have been allowed by operation of law.

The court noted that Hanqing first lodged his objection through a letter.

‘Accordingly, it is the respondent’s position that the timeline within which the commissioner was to issue its objection decision expired on 28th November 2023, and therefore the commissioner’s objection decision of 29th January 2024 was made beyond the statutory timelines, with the consequence that its objection [the taxpayer] was allowed by operation of the law,’ the court said.

The court ruled that the 60-day period began when the taxpayer formally submitted the objection on the iTax platform, rather than from the earlier date of submission by mail.

The court said that objections transmitted through other means, such as personal or departmental email, lack the necessary attributes.

‘It is incapable of generating an auditable trail and exposes the process to ambiguity, dispute, and potential abuse,’ said the court.

The court found that the objection decision was not made outside the statutory timelines, and the tribunal, therefore, erred in setting aside the demand.

However, the court ruled that the decision could not stand, as it would be both unjust and contrary to the Constitution to simply uphold the commissioner’s objection decision and trigger the enforcement of the entire tax demand, without allowing the taxpayer to ventilate and determine their substantive objections on their merits.

‘Accordingly, while I set aside the judgment of the Tax Appeals Tribunal delivered on 22nd November 2024, I decline to uphold the commissioner’s objection decision as final. Instead, I direct that the matter be remitted to the Tax Appeals Tribunal for a fresh hearing and determination on the merits of the taxpayer’s appeal, in accordance with the law and procedure,’ the court ruled.

Retail assets under management by Jubilee scheme cross Sh20bn

The value of retail investors’ assets under management by Jubilee Holdings’ unit has crossed the Sh20 billion mark, pointing to sustained interest by individuals eyeing optimal returns from the investment option.

Jubilee Asset Management, a wholly-owned subsidiary of Jubilee Holdings, said the figure represents over Sh3 billion rise in under two months, given that the figure stood at Sh17 billion early September this year.

The Jubilee Asset Management manages three retail investment funds that comprise the Kenya shillings-denominated Jubilee Money Market Fund, Jubilee Fixed Income Fund and the US dollar-denominated Jubilee Money Market Fund.

The milestone comes barely two years after the launch of the retail investment funds in December 2022, translating to an annualised growth rate of about 167 percent. Jubilee Asset Management is a wholly-owned subsidiary of Jubilee Holdings.

The growth comes on the back of easing inflation and a growing shift by investors from traditional savings products to regulated collective investment schemes (CIS) that balance between security and yield.

‘This milestone is a testament to the steady rise in investor confidence and the growing appetite for professionally managed investment funds. It reflects a broader shift among Kenyans towards structured saving and investment solutions, driven by greater access, financial awareness, and improved digital experiences,’ said Dominic Kiarie, CEO at Jubilee Asset Management.

He added that the growth reflects Jubilee Asset Management’s strategy to simplify investing through digital access, transparent reporting, and prudent asset allocation that prioritises long-term value over short-term speculation.

Last year, the firm launched the JAM Hub digital portal that enables customers to manage their investment accounts online. This includes opening new individual accounts, topping up existing accounts, lodging withdrawal requests, or monitoring their investment account, among other services.

Jubilee Asset Management also manages institutional funds, where the figure stands at Sh191 billion. Previous disclosures in September last year had put the figure at Sh195 billion. Combined, the retail and institutional segments bring total assets under management to Sh211 billion.

Jubilee’s growth mirrors a broader surge in Kenya’s CIS market, where total assets under management nearly doubled over the past year.

Data from the Capital Markets Authority (CMA) shows that by June 2025, CIS assets had climbed to about Sh596.6 billion, up from Sh254.1 billion at the end of June last year.

Money Market Funds remain the dominant product, accounting for more than 60 per cent of total CIS assets as investors seek low-risk, high-liquidity options amid economic uncertainty.

The CMA has also accelerated approvals of new funds and sub-funds, expanding the range of products available to retail investors – including dollar-denominated and hybrid offerings.

Financial literacy initiatives and digital onboarding tools have further lowered barriers to entry, attracting first-time investors across Kenya’s expanding middle class.

Carbacid pays record Sh509m in dividend

Carbacid Investments has recorded an 18.8 percent rise in net profit for the year ended July 2025 allowing the company to declare a record dividend to shareholders.

The company posted a net income of Sh1 billion up from Sh843.2 million recorded a year earlier. The jump followed recovery of the Nairobi Securities Exchange (NSE) and Dar-es-Salaam Stock Exchange (DSE), which saw its investments portfolio rise by Sh121.2 million compared to a Sh31.2 million shrinkage last year.

The company’s board has announced a Sh2 dividend per share-up from Sh1.70 per share in 2024-which will be a record payout for the listed company.

‘The Nairobi Securities Exchange and Dar-es-Salaam Stock Exchange maintained their recovery trends, positively influencing the Group’s investment portfolio. As a result, the Group recorded unrealised gains of Sh68 million on NSE-listed equities and Sh52 million on DSE-listed equities,’ the firm said in a statement.

‘The directors have proposed a final dividend of Sh2.00 per share (2024: Sh1.70 per share), amounting to a total of Sh509,703,970 (2024: Sh433,248,375).’

The NSE gained 53.8 percent in the 12 months to the end of July 2025, as measured by the NSE all share index. The rally has been attributed to local investors seeking entry into counters that had been undervalued during the bear run.

The carbon dioxide manufacturer, whose product is used by producers of alcohol and soft drinks, recorded a 1.6 percent growth in turnover to Sh2.1 billion owing to higher domestic sales and rising demand from new markets in the South African region.

Domestic sales rose 22.2 percent to Sh613.3 million while export earnings shrunk to Sh1.48 billion from Sh1.56 billion which was attributed to strengthening of the shilling against the dollar.

‘This modest growth was mainly driven by rising demand in non-traditional markets such as South Africa, Namibia, Botswana, Zimbabwe and Malawi. However, the appreciation of the Kenyan Shilling against the US Dollar dampened growth when measured in local currency terms,’ said the company.

The company’s operating profit rose 11.3 percent to Sh1.35 billion signaling that it was enjoying wider gross margins. Management attributed the wider margins to improved operation efficiency especially in energy consumption.

Delivery to the South African markets however increased, dampening gains that it made from the operational efficiency.

‘Labour cost, fleet maintenance and other related costs increased due to additional distance covered to serve the customers in various markets,’ said the company.

The company’s outlook for the current financial year was dampened by an increase in royalty payments it has to make to the ministry of Mining and Blue Economy.

‘The cost of higher royalty payments, combined with persistent inflationary pressures on labour, energy, and fleet costs, is expected to put a strain on operating margins,’ said Carbacid in a statement.

‘Unless there is meaningful policy review or relief on royalties by the Ministry, these costs will pose a competitive disadvantage to Kenya’s exports of liquefied carbon dioxide,’ it added.

Old Mutual, AXA pact heats up battle for Kenya’s premium health cover

Competition in Kenya’s high-end health insurance market is heating up after UK-based AXA Global Healthcare partnered with Old Mutual General Insurance Kenya to roll out international private medical insurance (IPMI) plans locally.

The cover, which is aimed at executives working abroad or those who frequently travel overseas, offers comprehensive international medical protection, including emergency care such as ambulance transport and hospital stays when urgent treatment is needed.

The AXA-Old Mutual deal also includes Executive Healthcare Solutions (EHS), one of the major IPMI providers in Sub-Saharan Africa, which targets executives, expatriates, families and organisations with exclusive access to global healthcare solutions.

‘This partnership strengthens Old Mutual’s mission to provide accessible, trusted and customer-focused healthcare protection that meets the needs of a dynamic and globally connected population,’ said Japheth Ogalloh, managing director at Old Mutual General.

The policy also provides access to specialised services like cancer treatment, virtual doctor consultations, and mental health support with access to psychologists.

Members also benefit from medical evacuation and repatriation, as well as a second medical opinion from world-leading health specialists.

Second entry

The entry of AXA into the country’s high-end health insurance market comes barely seven months after another UK insurer, Bupa Global, entered Kenya.

In April, Bupa opened its first African office in Nairobi after receiving approval from the Insurance Regulatory Authority (IRA).

The deal highlights a growing race among international players to capture the country’s expanding market for premium health cover.

This is amid forecasts that Kenya’s IPMI market will grow by more than 10 percent annually, driven by rising demand for cross-border healthcare and quality medical protection for executives, expatriates and globally mobile professionals.

Under the new deal, EHS will act as the exclusive distributor of AXA policies in Kenya, while Old Mutual will provide local insurance backing.

The agreement also includes the renewal-based transfer of EHS’s existing IPMI customer portfolio across several African markets.

Karim Idilby, chief growth officer at AXA, said collaborating with Old Mutual aligns with the firm’s global growth strategy.

‘Old Mutual’s leadership position in Kenya and East Africa makes them an ideal partner, particularly as we focus on the individuals and small and medium-sized enterprises strategic growth segments,’ said Mr Idilby.

‘Our deep understanding of the insurance needs of those living and working in Africa means we know what clients are looking for from their international health cover,’ said Aly Maherali, CEO at EHS.

Andy O’Cain, global head of distribution at AXA, said the firm aims to sign partnerships in other markets in Africa to gain access to existing and new customers and become the leading player in the continent’s international private medical insurance market.

AXA’s move follows its recent market expansion in the UAE, as the company continues to build momentum in key global growth regions.

A State lawyer’s side hustle that cost his employer Sh3.3m

A senior legal officer was sacked for running a private law firm while employed by the State-owned Agricultural Finance Corporation (AFC), court papers show, turning the spotlight on moonlighting in the public sector.

The Employment and Labour Relations Court found that Eurry Mabonga, who worked at AFC from April 2013 to January 2025, registered Mabonga and Company Advocates in July 2020 while still at the corporation. During his 12-year stint, he was never promoted and was not paid a non-practice allowance, the judgment notes.

In the public service, a non-practice allowance is payable to professionals who relinquish private practice to serve exclusively in the public sector.

Mr Mabonga was terminated in January 2025. AFC accused him of breaching fiduciary duties under the Public Officer Ethics Act by engaging in private practice and exposing the institution to legal risk. To buttress its case, AFC produced a certificate of registration and a firm profile for Mabonga and Co. Advocates. The corporation also accused him of gross negligence in handling court matters.

Evidence presented showed Mr Mabonga’s work laptop contained draft legal documents, including a Sh7.5 million professional undertaking for an external firm. AFC argued this proved he was managing a private practice during work hours, a claim Mr Mabonga denied, insisting his firm handled AFC-related cases.

Court’s ruling

The court held that Mr Mabonga’s alleged cumulative negligence in court cases, exposing AFC to losses, justified termination. However, it declared the dismissal unlawful for failure to follow due process, including denying him access to crucial documents and allowing an investigator to sit on the disciplinary panel.

The corporation’s IT officer, who extracted evidence from Mr Mabonga’s laptop, sat on the disciplinary committee, breaching AFC’s HR policy.

A witness testified that analysis of the confiscated laptop uncovered unauthorised professional undertakings for third parties, including loan facilities and a land transaction. Mr Mabonga denied the allegations.

The court found AFC breached Mr Mabonga’s rights by withholding evidence. He was denied access to critical documents before the hearing, undermining his defence.

The court faulted the disciplinary process, stating it ‘was a mere formality’, declaring the termination unlawful under Section 41 of the Employment Act.

Professional negligence

At the same time, the court agreed that AFC had valid reasons for termination, citing alleged negligence, including a Sh316,515 loss from a salary dispute. It noted a pattern of professional negligence, such as failure to file defences in a magistrate’s court matter, leading to a Sh30,000 costs award against AFC, and the dismissal of two debt-recovery suits for inaction, costing AFC Sh807,041.

AFC also accused him of signing loan documents without authority, though the court found insufficient proof of forgery.

The judge observed that while individual lapses might not warrant dismissal, their cumulative effect undermined AFC’s legal interests, satisfying Section 45 of the Employment Act.

Problematic practice

Still, the private-practice issue-though ethically problematic-was not included in the termination charges.

‘The disciplinary process was a procedural mockery,’ the court observed, citing breaches of natural justice.

In his claim, Mr Mabonga admitted registering the firm but said it was not concealed and benefited AFC, asserting all filings were on the corporation’s behalf.

The court stated: ‘However, the claimant did not produce any pleadings filed for the respondent (AFC) through the firm. Even if such filings existed, it is unclear how filing the pleadings under the firm was beneficial to the respondent, seeing that there is no indication nor even a suggestion that the respondent was unable to file pleadings in its own name.’

AFC was ordered to pay Sh3.3 million plus interest and Mr Mabonga’s legal costs. The award includes Sh2.6 million in non-practice allowance for 88 months (April 2013 to July 2020, when he registered the firm) at Sh30,000 per month.

The court dismissed his claim for Sh1.7 million in salary disparities, finding no evidence that he performed the duties of a head of department.

Costlier mistake

While the court accepted that ‘Public officers must avoid conflicts of interest, but employers must follow due process,’ it concluded that AFC’s procedural missteps rendered the dismissal unlawful-making the flawed process, rather than the alleged misconduct, the costlier mistake.

Mr Mabonga described himself as well-educated and said he leveraged his skills to deliver favourable judgments that saved AFC over Sh3.5 billion in direct costs. He also claimed stagnation, alleging junior and inexperienced staff were promoted over him, leaving him with heavier workloads and lower pay.

After 40, cardio or weights first? Gym-goers’ dilemma

Every dawn around 5am, it’s a familiar sight at Alpha Fit Gym in Thindigua: 50-year-old Richard Agufana pedalling steadily on a Merach cross-trainer. His mornings begin slowly and deliberately, spending 15 to 20 minutes easing his body into motion.

Some 27 kilometres away at Workout Warehouse on Uhuru Highway, 59-year-old Susan Omondi has already broken a sweat by 6.30am. You’ll find her commanding a StairMaster or at her neatly arranged corner, dumbbells at the ready.

Susan’s devotion to weighted cardio borders on sacred. Her unwritten rule: two hours minimum – 30 minutes of weighted cardio, an hour of strength training, then 30 minutes on the treadmill or stairs, without fail.

‘I always start with a light cardio session, then move on to strength training where I push the weights a little harder. I must finish with at least 30 minutes of walking on the treadmill,’ she told BD Life. It’s been her ritual for years.

For the muscular and disciplined Richard, the cross-trainer is the only cardio he trusts. Once done, he spends an hour and a half lifting weights.

‘I played football until I fractured my right leg at 28, that’s why I don’t do much cardio anymore. Everything starts and ends with the cross-trainer. It’s less risky than the treadmill for my old injury. The only other time I do cardio is certain Sundays when my peers and I play football, and as you know, ‘mpira ya wazee’ isn’t that intense,’ he explains.

Then there’s engineer Peter Kamau, 46, who lives for the treadmill. At least an hour on it kicks off his session, followed by 30 to 45 minutes of lighter strength work-often sled pushes.

‘At the gym, I always start on the treadmill. I’m a recreational runner, doing about 200 kilometres a week. There’s always a distance target to hit. I don’t do much strength training; 30 to 45 minutes is enough. Sometimes, depending on the race I’m preparing for, I finish with a slow run on the treadmill.’

For Lorna Bonareri, 53, a die-hard advocate of intermittent fasting and an all-round fitness enthusiast, the ‘cardio before or after weights’ debate barely registers.

‘I’ve been active for more than 30 years,’ she says. ‘My body has muscle memory, so I can switch things up easily. I don’t stress about what comes first. One week I’m cycling; the next I’m lifting or doing cardio; the next I could be swimming. Sticking to one routine plateaus your growth.’

A daily dilemma

As gym culture surges among urban Kenyans, especially those in their 40s and 50s, increasingly conscious of how their bodies age and perform, the conversation keeps returning to one question: after 40, the age where life supposedly begins, should you do cardio before or after strength training?

For many gym-goers, the daily dilemma is familiar: you arrive, scan the room, and wonder-left toward the weights, or right toward the cardio section? You planned to do both, but in what order? Does it even matter?

‘I do believe it depends on one’s objective. What is your goal? Do you want to lose weight, build some muscle, or keep up with general fitness without caring much about your physique?’ argues Juma Hamisi, 47, a certified fitness trainer and ardent advocate of listening to your body.

As you get older, the body gets stiffer and strength declines naturally.

‘If one’s target is to lose weight, it’s advisable to start by warming up the muscles. This increases blood flow and gets your body ready for a more intense cardio workout. But if the goal is to build muscle, then a warm-up is okay-followed by an intense strength session or lifting weights depending on the workout of the day. You might finish with light cardio, either a 20-minute walk on the treadmill or cycling on the spinning bikes,’ adds Juma.

Juma Hamisi: Why I have slowed down on exercises at 47

Former bodybuilder turned fitness instructor Collins Omondi, 49, wants anyone past 40 to be very careful about how they start.

‘I highly recommend starting with cardio, although the intensity varies from person to person,’ Omondi says.

‘It’s important for those aged above 40 to warm up their joints, which naturally become stiffer with age. The body takes longer to heat up, which is why cardio is effective in getting things moving. Jumping straight into strength training or weightlifting increases the risk of injury, and as you may know, the body’s recovery and healing processes slow down with age.’

But 50-year-old boxing coach Hassan Abdul Salim disagrees.

‘I think many people get it wrong. Before we even discuss cardio versus weights, let’s talk about what should truly come first – stretching. Most gym-goers skip stretching because they think it’s a waste of time, but there’s nothing more effective, especially for anyone over 40,’ Hassan explains.

‘Stretching shocks all the nerves in your body and wakes them up because nerves naturally go numb with age. After a proper stretch, which should take no less than 15 minutes, you can move into light cardio like a slow treadmill run, progress to light-weighted cardio, and finally build up to heavy lifting or intense strength training.’

The sequence matters, he insists.

‘If you immediately jump into strength training or load lifting with your muscles and nerves still stiff, getting injured isn’t a question of ‘if’ but ‘when’ and ‘how soon.’ That is why I insist for clients past 40 that we start with stretches to eliminate stiffness and prepare the body for what’s ahead. Once you’ve done that, the rest of the workout becomes a matter of personal preference. To me, this is the safest and most effective way to begin any workout session.’

Start this way…

All things being equal, it makes little difference whether you do cardio before or after weight training. However, if one discipline matters more – say your cardio is part of marathon prep, or your lifting is aimed at building muscle – start with that.

‘Start with the thing you want to get better at,’ advises exercise physiologist John Mukami.

‘If you’re a recreational runner training for a race, you want to do the cardio before the strength work. The reason is simple: if you lift first, you’ll already be fatigued when you start your run, which means you won’t perform at the same level. You’ll compromise your ability to hit your target pace during tempo runs, intervals, or whatever workout you’ve planned for that day.’

Similarly, if your goal is to build strength or hit a personal best in the gym, st art with weights.

‘If that is your priority, begin with strength training and then move on to cardio,’ Mukami adds.

While the physiological differences between doing cardio before or after lifting are minimal, instructors Hassan and Omondi agree that for those past 40, it’s often wiser to separate the two sessions entirely. The risk of injury rises with fatigue-and full recovery takes longer.

‘Fatigue only makes your form worse. You’ll never have better form when you’re already tired,’ Omondi notes. Even when cardio and lifting hit different muscle groups-say, a shoulder workout followed by a run-the combination can still tax your overall systems and mental focus.

A 2025 report by a sports science team on SportRxiv found that warming up before strength training had an insignificant impact on overall exercise performance, including strength, endurance, and perceived exertion.

‘At the end of the day, skipping strength, cardio, or even a warm-up-because you might get too tired to finish the rest of your session-does more harm than worrying about which one to start with,’ notes Juma.

After all, the best workout is the one you actually do.

Who holds the hammer? Inside ruling on auctioneers, banks turf war

The High Court has ruled that banks and financial institutions cannot be subjected to disciplinary action by the Auctioneers Licensing Board for conducting auction-related activities without licences, dealing a blow to professional auctioneers fighting to monopolise asset recovery services.

In a ruling that limits the disciplinary powers of professional boards and protects the financial sector from dual regulation, the court emphasised that the board’s mandate only covers licensed auctioneers, not banks regulated by the Central Bank of Kenya (CBK).

The court overturned a decision by the Auctioneers Licensing Board, which had sought to penalise Co-operative Bank of Kenya and several other lenders for allegedly engaging in auctioneering without proper licensing.

The judgment clarifies that only licensed auctioneers – not banks – fall under the board’s regulatory purview, setting back professional auctioneers’ arguments that lenders have encroached on their exclusive domain.

Kensap complaint

The case arose from a complaint made in February 2023 by the Kenya National Society of Professional Auctioneers (Kensap), who accused banks of conducting repossessions and auctions without auctioneering licences, thereby violating Section 4(2) of the Auctioneers Act.

Kensap argued that publicly advertising auction sales and conducting repossession exercises are activities reserved for licensed auctioneers under the Auctioneers Act.

The complaint arose from an auction advertisement published in the Daily Nation by the Co-Operative Bank concerning the sale of repossessed property.

Kensap contended that, by engaging in the auction business, the financial institutions had subjected themselves to the jurisdiction of the Auctioneers Licensing Board.

In a November 2024 ruling, the board concurred with Kensap and dismissed Co-operative Bank’s objection, asserting jurisdiction over the matter.

Disciplining an unqualified person

This prompted an appeal to the High Court, which overturned that decision, declaring that the board erred fundamentally.

‘Just as an unqualified person posing as a doctor cannot face medical council sanctions, banks, (regulated by the Central Bank) cannot answer to auctioneers’ tribunals,’ said the court.

The court held that the Auctioneers Licensing Board lacks authority over banks, as they are governed by CBK regulations, not the Auctioneers Act.

It likened the situation to disciplining an unqualified person practicing law before the Advocates Disciplinary Tribunal, an impossibility since tribunals only regulate licensed professionals.

The judgment affirmed that if banks engage in unlicensed auctioneering, the proper recourse is criminal prosecution under Section 9(2) of the Auctioneers Act-not disciplinary action by the board.

Penalties under this section include fines of up to Sh100,000 or imprisonment for up to two years.

The court found similarities between this case and a 2022 dispute involving the Kenya Bankers Association, in which it was ruled that complaints against unlicensed auctioneering must be pursued criminally, not administratively.

The ruling reinforces banks’ ability to conduct auctions and repossessions without fear of disciplinary action from the Auctioneers Board. It also weakens Kensap’s ability to regulate auctioneering activities, potentially reducing demand for licensed auctioneers in bank-led recoveries.

Festering issue

While the judgment settles the jurisdictional question, it leaves unresolved whether banks’ auction activities constitute illegal auctioneering.

The court acknowledged this ambiguity stating that ‘the dispute remains a festering issue’ requiring legislative or judicial clarity.

‘The issue as to whether the appellant (Co-operative Bank) can continue to render services that are exclusively reserved for auctioneers (as held out by the Kenya National Society of Professional Auctioneers) still largely remains unresolved. It is a question that will continue to vex the licensed auctioneers while causing anxiety and apprehension to parties who render the services that the auctioneering body complains of,’ said the trial judge.

Prosecutors must mostly pursue criminal complaints against entities engaging in unlicensed auctions, though such prosecutions remain rare.

’Middle Ground’: When patterns speak of belonging and identity

What Kofisi Art Gallery have done is breathe life into spaces that would normally be considered stiff because of their corporate nature. Their first show dubbed Force Field is perhaps the exhibition of the year.

Few exhibitions have come close in terms of the quality and quantity of work that was on display in an unfinished section of a burgeoning high-rise corporate-setting office apartment. Their second exhibition in the same space is smaller, quainter, and is composed of a collage of works that are fragments of the same mirror.

The artworks are from Seven Artists Collective and an interlinked collage of stories told through visual art in varied styles. It is an art showcase that invites reflection and inflection in the pursuit of meaning and evokes dialogue across generations, mediums and ideas told in the language of the artists who include; Onyis Martin, Onesmus Okamar, Deng Chol, Lemek Sompoika, David Thuku, Rasto Cyprian, Taabu Munyoki, Paul Njihia, Nadia Wanjiru, and Maori Wasike.

For David art has been a fundamental part of his upbringing. He recalls childhood as littered with memories of being beaten numerous times for drawing when he should have been studying. He, however, credits his family for understanding the importance of art to him and encouraging him to pursue it.

He comes from the crop of artists who honed their craft at the Buruburu Institute of Fine Arts (Bifa) but for an artist who has had 10 years of full-time professional practice he has never worked individually, his craft has always involved working around a group of artists, a pack mentality habit that he isn’t niggly about sharing.

‘I have worked under three collectives so far, one in Buruburu, another at Kuona Trust, and currently I am working with Seven Collective. Working under collectives has built my career because an artist never works in a vacuum, they need inspiration from different things but mostly, from fellow artists,’ he says.

Whereas he studied as a painter, time has seen David evolve in a different direction.

‘I haven’t painted for a while. I like mixing materials and rarely will you ever find me sticking to one material. It was during this process that I ended up focusing on paper trying different styles until I found one which defines me. My technique is more or less one of paper collage where I study papers. I try pushing every parchment of paper I encounter to be able to learn its limits. My style is one where I marry different techniques, layering them over each other to come up with a complete body of works, a style they call graffito,’ he says.

What separates Middle Ground from the other groups shows is the existence of a pattern in the showcased works, it is not a walk-in show whereby artists just submit work without consideration of the overlying theme.

The artist Middle Ground having worked together before exhibit a seamless sync between their varied works on display in a sense that would be considered as telepathic.

‘Each of the works on display was considered with the larger body of works in mind. Each piece was picked with the purpose of complementing the next piece, everyone has a different style and story but if you look keenly, they all fit into the bigger narrative,’ says David.

Middle Ground suggests a consensus and mix of resources, intellect, and perspective from the viewpoint of the artists. It merges different styles and technique into a collective tale.

For some like David and Wasike, their works dally around movement and spaces, Njihia’s as well as Onesmus’ work parleys with characters and figures as does Taabu’s which pays homage to women and their salon spaces. In the latter three, the notable recurring theme dances around issues of identity.

Lemek’s work inasmuch as it addresses cultural issues inclines itself toward telling the history of a culture which plays into the picture of movement patterns and identity.

Rasto moves about through nature in his work whereas Deng’ who hails from Sudan fancies patterns and abstract characters. Patterns repeat themselves in most of the portraits and for David, who lauds himself as a translator of patterns, they signify belonging. The more one repeats something, they more they become.

It is Nadia Wanjiru’s work however that sticks out for me. It is bold, loud, red and with an impressive almost minimalistic concept of patterns sprinkled reservedly in her canvas spaces that complete the full picture.

Nadia’s use of larger-than-life figures with a backdrop of a dull sharp red creates an image that evokes varied emotions, her figures carry emotions of their own and in a sense create impressions that are both relaxed but still profound.

Taabu pays homage to the woman, space and crown in a series of hair themed portraits. She honours a woman’s crown- her hair- and the salon her sacrosanct space, the throne in which this crown is polished with movements of grace and purpose. Her portraits pay homage to femininity in a way that relates deeply to the African culture.

Middle Ground is being showcased in Westlands and the exhibition runs until December 11, 2025.

How Raila funeral drove 52pc jump in local airfares

The funeral of former Prime Minister Raila Odinga in Nyanza pushed up the country’s inter-county travel costs, with domestic airfares and matatu fares rising sharply in October.

Data from the Kenya National Bureau of Statistics (KNBS) shows that the average cost of a local flight increased by 52 percent to Sh16,722.56 from Sh11,001.44 in the same month last year, as airfares on the Nairobi-Kisumu route surged ahead of Odinga’s burial.

Domestic air ticket prices also increased by 3.8 percent month-on-month, rising from an average of Sh16,106.09 in September, reflecting the sharp rise in inter-county travel by wealthy Kenyans and government officials flying to Kisumu for Odinga’s funeral.

The veteran politician died on October 15, 2025 and was buried in Bondo, Siaya County, on Sunday October 19.

Inter-county bus fares, which typically spike in December, also increased in October as tens of thousands of mourners, alongside dignitaries, travelled to the funeral.

Read: Nairobi-Kisumu airfares double ahead of Raila Odinga’s funeral

‘The cost of international flights declined by 0.6 percent, while prices of petrol and diesel remained unchanged. In contrast, country bus and matatu fares for travel between towns increased by 1.4 percent,’ said KNBS Director-General Macdonald Obudho in the October Consumer Price Index and Inflation Report.

Air fares

Following Odinga’s death, most flights were fully booked throughout the weekend as mourners and political delegations prepared to travel to Nyanza for the final ceremonies. Some airlines, such as Kenya Airways, had to increase their flight frequencies.

Buses on the Nairobi-Siaya route were also fully booked, with some transport companies adding extra services.

A spot check by Business Daily showed that one-way air tickets on major carriers ranged from Sh18,000 to Sh23,000 – almost double the usual price of Sh8,000 to Sh10,000 for this route.

As of midday on Thursday October 16, a one-way Jambojet flight from Nairobi to Kisumu on Saturday was priced at Sh19,500.

Prices have since dropped to between Sh8,300 and Sh10,300, reflecting the cooling demand after the burial of the opposition leader’s burial.

Ordinarily, the Nairobi-Kisumu corridor is one of Kenya’s busiest domestic routes, connecting the capital to western Kenya’s commercial and political heartland. Fares usually range between Sh8,000 and Sh10,000 depending on the time of booking and seat availability.

Odinga, who died at the age of 80 while receiving treatment in India, was a towering figure in Kenyan politics for more than three decades. His death sparked national mourning and drew thousands to vigils in Nairobi and Kisumu, triggering a surge in travel demand.

Read: KCAA halts operations at JKIA as Raila mourners throng facility

Airline data shows that most morning and evening flights from Nairobi to Kisumu on the Friday and Saturday ahead of the burial were sold out, with return flights early the following week also filling up fast.

The rise in ticket prices pushed the cost of a return trip to about Sh40,000 – roughly double the normal average – highlighting how Kenya’s domestic air market remains highly sensitive to sudden, event-driven demand spikes on high-traffic routes like Nairobi-Kisumu.

Odinga, a five-time presidential contender, commanded a passionate following, especially in the Nyanza region, explaining the heightened interest in his funeral.

Hotels in the lakeside city of Kisumu also reported being fully booked in the lead-up to the ceremony.

Inflation rate

According to KNBS data, transport inflation rose by 4.8 percent year-on-year in October, even though the overall inflation rate – the increase in consumer prices over the previous 12 months – remained at 4.6 percent.

Evans Omollo’s unlikely detour to provost

A little story about how God works: In 1993, the Very Reverend Canon Evans Omollo, now the Provost of All Saints’ Cathedral, joined Maranda High School. He was one of the top students in mathematics and believed his future was assured.

‘I knew I would become something, somebody, in economics, or some cutting edge linguistics,’ he says.

But when he couldn’t raise school fees in Form Two, his education came to an abrupt stop. He dropped out and stayed out of school for seven years-until someone saw him preach and decided to sponsor him to train for priesthood. He enrolled in seminary as a high school dropout while also preparing privately for his KCSE.

He sat his exams at the age of 26 and passed, the same year he was ordained as a priest in the Anglican Diocese of Bondo, in 2004. That year, he also earned a Higher Diploma in Theology.

In 2006, he left for the UK, where he graduated with a Bachelor of Arts in Cross-Cultural Mission and a Master of Arts in Mission with Leadership from All Nations Christian College.

He would go on to serve as the Provincial Mission Director for the Anglican Church for five years, then as Assistant Provost of All Saints Cathedral for six and a half years, before being installed as the 14th Provost in 2023.

‘You see,’ he said in his office recently, ‘God interrupted my education to get me into church.’ The furniture in his office has since been rearranged from the last time we were here to interview his predecessor, Provost Dr Sammy Wainaina.

‘We were taught in leadership that if you can’t change anything, at least change the sitting arrangement,’ he added, tongue-in-cheek. Maybe that’s still how God works, interrupting, rearranging, sometimes even moving a chair or two, just to remind us that nothing, no detour, no delay-is ever wasted.

Do you feel like moving about furniture has changed something in how you run this church?

Absolutely. From a physical perspective, I get more light at my desk now. But beyond that, when someone walks in and realises, this isn’t how it used to be, it triggers something in their mind.

They register that there’s been a change in leadership. You’re speaking directly into their psychology, signalling that things aren’t business as usual. The awareness of newness is very powerful, psychologically.

What significant work were you itching to get on with when you took office?

The major one was strengthening the parish’s spiritual life, not just maintaining it, but going deeper. That’s why people come to church: for nourishment and transformation.

The first thing we changed was our preaching style. We moved from topical preaching, say, picking a theme like forgiveness, to expository preaching, unpacking scripture book by book.

We started with Romans; this year, we’re in the Gospel of John. It forces preachers to engage the whole Bible, even the hard parts, and it disciples’ people from the pulpit.

The second focus was leadership within ministries- youth, women, men, children. I realised the men’s ministry was struggling, so I led from the front. I called them, met them, even joined their nyama choma hangouts. We grew from about 30 men to over 100.

And when we meet, we talk about real things, marriage, faith, even sex and intimacy. Many men are quietly battling infidelity and separation. Some are in the ‘side-chick’ culture, even while serving in church, and it’s tearing families apart.

So we confront these issues with scripture, talk honestly and challenge each other to live right, not just to ‘make heaven,’ but to build wholesome lives here.

Provost, why can’t an African man have many wives? Putting Christianity aside for a moment, can a man have two or three wives and still be a good person, someone God would be proud of?

[Laughs] Well, I say this with context, I’m a product of polygamy. My mother was my father’s second wife. So I understand it from the inside.

In those days, people often married again because of practical reasons, labour on the farm, lineage, survival. But today, it’s different. The pressure to take another wife often comes from emotional disconnection.

I work with many couples, and I see it: people who can’t connect anymore. The man is lonely. He’s in his 40s or 50s, doing well, feeling renewed, but there’s tension at home. And in that loneliness, he seeks warmth and company. Sex just becomes part of that package. Is it wrong? From what I’ve seen, it brings a lot of complications. Growing up in a polygamous home, I saw tension, jealousy, even hatred. Families divided. It’s rarely peaceful.

Now, I’m not saying it never works – some people manage it. But I wouldn’t recommend it. Scripture is clear, and I choose to stay within it. If I weren’t a believer, maybe I’d say, fine, if you can handle it. But the truth is, it’s difficult. So I hold to the Bible – one wife, one covenant – and I focus on building the kind of marriage that keeps me from ever needing to look elsewhere.

Do you believe that all marriages have to work?

Like making Nairobi work? [Chuckles] I guess they should.

Even if couples outgrow each other years down the road, through no fault of their own?

I see your argument, and it’s credible. But I’m not sure it’s about outgrowing each other. It’s more about making the wrong choices and failing to live by principles that sustain a marriage.

It’s not distance that breaks it – it’s pride, selfishness, stubbornness. Sometimes even external pressures. There are cases, Biko, where after assessing a couple, I’ve had to accept that it just won’t work. And when that happens, it’s better they go their separate ways. Some unions are simply too difficult to sustain.

You are currently pursuing a doctorate in Missional Ecclesiology. What is that?

[Chuckles] Ecclesiology comes from the Greek word ecclesia, which means ‘church.’ So, ecclesiology is essentially the study of the church. The ‘ology’ part, like in theology, just means ‘the study of.’

Now, missional ecclesiology looks at how the church can be mission-oriented-that is, focused on bringing people to God and helping them understand Him. It asks: How can the church exist primarily as a conduit to bring people into a living relationship with God? The opposite of that would be what you might call an institutional church-one that just exists to exist, to be comfortable, maybe even rich.

You know, in England-where I went to school-the Church of England is very much an institution. It’s there; people come if they want.

Like a bank or a post office-it just exists. But missional ecclesiology challenges that model. It’s about a church that actively goes out, touches lives, and makes faith real in people’s everyday experiences.

Is there something you would change in the 29 years you’ve served the church?

That’s a very deep question. [Long pause] Maybe not change-but do differently. One, I’d marry earlier. I got married just before turning 33. If I could do it again, I’d marry younger. Why? Because you’ve got more energy for life then. More time to see your children grow.

I’m 47 now, my daughter is 13. By the time I retire at 65, she’ll just be a few years out of university. I wish I’d raised my children when I was younger, more energetic-so that by the time they’re done with school, I’d be enjoying grandchildren as I retire.

[Pause] Another thing is my schooling path, I wish I’d gone through education like everybody else; through a straight line. I was a very good student when I was young, but maybe God saw that a smooth route would have spoiled me. So He interrupted it. Brought me into the church. And the church has formed me into who I am today.

In the 29 years, are there moments that you questioned your decisions to get into church and what happened then?

[Pause] Yeah. You know, people tend to see ‘the church’ as one big monolith, but I’ve always tried to show it has many expressions.

Still, one thing I’ve seen-personally and around me-is how deeply people can get hurt in it. Some feel rejected, even thrown off completely. I came close to myself. But God saved me from that edge.

I’ve had a lot of grace, a lot of favour. The truth is, while I’ve seen others wounded by the church, the church has mostly been good to me. But it’s not without politics. You see, in State politics, people will tell you to your face, ‘Biko, I don’t like you. You’re a thief.’ It’s crude, but honest.

In the church, it’s different. People smile, call you ‘man of God,’ but when they sit in rooms full of opportunity, instead of mentioning your name, they quietly tear it apart.

Where there’s competition, there’s politics. And the higher you go, the more the interests multiply. At my level, people start wondering, ‘So where does he go next?’ And suddenly, you find yourself in a quiet jostle.

If you’re to do a diagnosis of your spiritual health, how do you think it looks like today?

[Pause] I’d say I have a clear conviction of who God is, and a real relationship with Him-and that, really, is the entry point of faith. I encountered Christ at 18, and that moment set me on a lifelong journey.

Twenty-nine years later, I’ve built a framework of prayer, of reading scripture, of listening to God-both through His word and through others.

[Pause] But if I’m honest, my commitment back then was stronger. I had fewer distractions. I could give God my all-we’d pray overnight, fast for days. There was a purity of focus.

Then came family-marriage, children, ministry, leadership-and with each came new demands. These days, I sometimes find myself in quiet conflict with the very values I hold dear: prayer, scripture, and the practices that once revived my spirit.

People must put you on a pedestal. Do you feel the pressure to conform to that idea-when really, you’re just a man?

Of course. A lot. That’s not how I was raised. I’m a grassroots person. I wasn’t born into privilege; I didn’t grow up around power. So I struggle with some of the formalities of this role.

When I first became Provost, people would literally stand when I walked in-even staff. I’d say, ‘No, no, please sit.’ Some see you as an idol, and I try, as much as I can, to push back. I don’t have all the answers. I’m just a man doing my best.

This office makes people assume you’re powerful, even holy. I once told the congregation, ‘Don’t clap after I preach. Pray instead.’ Some understood; others were offended. But I meant it. Why clap for me? The focus should be on God, not applause. Even small things-how I dress, where I go-people attach meaning to them.

When I grew this beard last year, it was just a New Year’s resolution. My first ever. I keep it trimmed-it’s not as long as yours. [Laughs] When I started, some said, ‘That’s not the look of a Provost.’ I told them, ‘It’s my beard!’ So I kept it-stubbornly. Maybe it’s a 40s thing.

How has AI impacted on your work as a provost?

Yeah, crazy one. When I became Provost in 2023, one of the things God placed on my heart was to lead the church into what I call the digital church.

Out of my 10 pillars, one was focused on growing All Saints into a digital church. So we’ve invested heavily in building our digital presence. And through that, I’ve seen both the potential and the dangers that come with technology-especially AI.

Personally, I use AI tools quite a bit in my work. Even this morning, I was doing research and found myself using some of those tools friends have introduced me to. You can’t help but be amazed at their brilliance. But with that comes a new kind of challenge.

We have many tech-savvy people in church. So, on a Saturday evening before Sunday, a friend might text me, ‘Provost, tomorrow’s sermon is from this passage, right?’ Then they run it through ChatGPT, generate a full sermon, and send it to me saying, ‘Consider this for tomorrow.’ What they’re really telling me is, ‘If you preach off, I’ll know.’ [Laughs] So there’s pressure now. Because with AI, you don’t need to go to theological school to generate a decent sermon. It has raised the bar-and the stakes.

What are your greatest fears now, as a 47-year-old man?

My fears. you’re asking very difficult questions. [Chuckles] I think about what my children would say at my funeral. That’s actually a discussion I often have with my daughter when I drop her at school. I ask her, ‘Mom, what will you tell people at my funeral about me?’ She never likes that conversation. She’ll tear up and tell me to stop, but I keep at it. I tell her, ‘You know, I can die anytime.

So yes, I think a lot about what people would say about me when I’m gone-what my family would say, what my children would remember. It’s not exactly a fear; it’s more like a pressure.

A pressure to live well, to be present with my family, and to remain authentic in public. That people don’t one day hear, ‘Evans, who was preaching here so passionately, has a child somewhere else.’ As a priest, that’s my biggest burden-to stay faithful to what I teach.

Would you like to add anything else to this conversation that I haven’t asked.

My wife. I’d like to appreciate her vital role in where I am now. You know, she met me as a priest. I was deep in the village then-but she believed in me.

I had just come back from the UK and was teaching, but still, life was modest. Yet she saw something in me and agreed to marry me. And honestly, when I met her, favour came. Not long after, I was called to serve in the Archbishop’s office. Interestingly, she was already connected to All Saints’ Cathedral-she grew up here.

I still believe that her presence in my life, her roots here, somehow connected me to this place.

Selina has played a critical role in shaping who I’ve become. She was brought up in privilege, and I wasn’t-I was a village boy. But she never saw that difference.