Category: Business Daily

The High Court has dismissed a suit by the Consumer Federation of Kenya (Cofek), which sought to have Stanbic Bank refund revellers who attended a festival organised by the lender in Nairobi on June 10, 2023.

The consumer lobby group had claimed that hundreds of fans who attended the festival and paid up to Sh30,000 for tickets complained that it fell short of its promise. The court, however, found that Cofek failed to prove its claims.

‘The petitioner did not make meaningful effort to substantiate the allegations with cogent, credible and admissible evidence on a balance of probabilities,’ said Justice Lawrence Mugambi.

Stanbic used the festival as a brand and entertainment initiative, intended to bring its brand promise, ‘IT CAN BE,’ to life through music.

The bank also said the festival supported Kenyan arts, music and the entertainment industry.

The petition arose from complaints about the Boyz II Men-headlined festival at Uhuru Gardens in Nairobi, including alleged chaotic seating, poor sound and visual quality, obstructed views, congestion, inadequate sanitation and security concerns and loss of personal property.

Cofek said the event substantially departed from what had been advertised and that the shortcomings violated consumers’ rights under Article 46 of the Constitution.

It asked the court to declare that consumers’ rights had been violated and order compensation, over the alleged shortcomings at the festival. But the court said the federation did not prove those allegations on the required standard.

‘I find that although the petitioner came out very strongly and forcibly on the allegations contained in the pleadings, it did not substantiate them with credible and admissible evidence,’ the judge said.

The court singled out witness statements filed with the petition, saying they were not affidavits and had not been properly introduced as evidence.

It said those statements did not provide details of payments or ticket numbers and were not properly linked to the supporting affidavit.

‘Despite being aware that there were witnesses who had recorded statements, the petitioner did not seek to introduce that evidence in support of this petition,’ the court said.

Cofek also relied on emails complaining about the event, but the court found that the electronic material lacked the certificate required under Section 106B of the Evidence Act.

The court said the certificate was a mandatory safeguard for electronic evidence because of the risk of tampering.

‘As such, the electronic evidence relied on in this petition does not meet the legal threshold of admissibility,’ he said.

The court also noted that Cofek cited online videos showing poor sound and faulty screens, but did not produce the videos for examination.

Stanbic’s published festival FAQ said regular tickets cost Sh8,000, VIP tickets Sh15,000 and VVIP access Sh30,000, while stating that every ticket category would have a seating arrangement.

Complaints emerged from attendees about overcrowding, poor sound, malfunctioning screens, sound quality, and the general-arena layout.

The respondents denied the allegations and told the court that extensive preparations had been made for the festival.

Their evidence showed that organisers had arranged 70 washrooms, tents for 6,926 people, seating for 6,270, bar facilities for 8,100 and food vendors capable of serving 11,100 people.

The court heard that reserved seats were only for the county governor and guests, while other seats were available on a first-served basis.

Cofek challenged that account and pointed to the organisers’ admission that the expected capacity was 6,926 people, while another affidavit said the audio equipment was contracted to serve an estimated 5,000 people.

The court also rejected the respondents’ earlier arguments that Cofek lacked standing or that the dispute had to be handled through contractual mechanisms.

It held that consumer rights under the Constitution’s Article 46 are protected by the Constitution and go beyond private contractual arrangements.

‘The inquiry is thus independent of and transcends the contractual arrangement,’ he said.

The court also considered a public apology issued after complaints about the festival.

Justice Mugambi said the apology expressed general regret but did not amount to an admission of the specific allegations or legal wrongdoing.

‘My reading of the apology is that it was an expression of general regret for the inconveniences experienced,’ he said.

The court concluded that the pleadings set out concertgoers’ grievances, but the evidence did not establish them.

‘The petitioner’s case was well pleaded, but it must fail for the failure to discharge the burden of proof,’ said the judge, dismissing the petition.

On one canvas, bold white lines slice the surface into triangles and narrow strips, and inside each shape a storm of green, yellow and blue threads twists and loops over itself, with small red dots scattered through the tangle like drops of paint that fell and stayed.

On another, the same white lines form a different pattern, and the colours shift into lime green, orange and black, with the red dots again pulling the eye toward the centre.

Forget sushi, Nairobi diners are now falling in love with ramen

“Those people saved my life,” Alice says. It is, in a way, the whole argument she has built a career on: Fix the small clinic, and the rest of the country survives with it. Ignore it, and geography decides who lives.

Alice has spent 20 years chasing that idea across borders, first as a volunteer in Dar es Salaam. She had just returned from the London School of Economics (LSE), hoping to work in a think tank, using economics to influence policy.

She now runs the Beginnings Fund, built with a coalition that includes the Gates Foundation and the Children’s Investment Fund Foundation, to attack what she calls the “core drivers of death” in maternal and newborn health. It has raised $493 million (Sh63 billion) and pushed $199 million Sh25 billion) into 30 grants across six African countries.

“I could do something here that will touch millions of lives on my continent.”

TIME magazine put her on its inaugural TIME100 Philanthropy list this year. Her mother called it, simply, the fulfilment of her dream, the same mother who told a young girl decades ago that she would have to work twice as hard to be taken half as seriously.

What frustrates her now is the pace of change. ‘My struggle is, it’s not moving fast enough.’

You’ve had such a good run, haven’t you?

I would say so. I’m not done yet. But I’m proud of what we have achieved. I say “we” because I’ve had a team.

Do you remember how you stood out, as a young woman getting into this career?

I’m actually an economist by training. After high school I went to Catholic University of Eastern Africa and majored in Economics, then to the London School of Economics (LSE). My dream was to be in a think tank, using economics to influence policy. Somehow I ended up in public health instead, I’d say by accident.

I came back to Kenya from LSE and reality hit. Unemployment. A friend asked if I would consider volunteering for a foundation just starting out in HIV care and treatment as I waited for a full-time job. My parents were frustrated, they had funded my postgraduate studies in London, no small feat, and now I needed money to go and volunteer. Reluctantly, they supported me.

My first stop was Dar es Salaam, thrown straight into the deep end. The more senior volunteers had to fly back to the US, and left me

to convene stakeholders from across Tanzania, government, development agencies, experts, to develop the country’s first national HIV care and treatment plan. I had no office, I was working out of a hotel room, and most people were essentially asking, ‘who are you, what mandate do you even have?’ I did not give up.

Every time I go back today and see people sitting calmly in those clinics, no stigma, getting their treatment, it is so fulfilling.

From there I went to South Africa, a different scale altogether, a government not yet convinced it should support care at scale. Our first attempt failed. I left, joined KPMG for a year, and no sooner had I settled in than my former team lead called to say they were setting up an office in Kenya. I went right back.

Why did you go back, and why economics in the first place?

Because I cherished the experience. The people, the patients, the doctors, former President Bill Clinton himself. But also I realised I could do something that would impact millions of people.

I hear doctors who’ve moved from clinical practice to public health use this analogy: I could see one patient at a time in my clinic, or influence millions at a time. I got drawn into that. At the Clinton Foundation it was, here’s a problem, go solve it, how you get there is up to you. I enjoyed that.

And economics, because I have a problem with the way Africa is described. I strongly believe there’s a place for economic policy to lift people out of poverty.

What’s been the most difficult thing you’ve ever had to do?

As a volunteer in South Africa, convincing the government that it was a moral imperative to provide care and treatment to everyone infected with HIV. Getting people with decision-making power to do the right thing, when you think it’s obvious, but it isn’t.

I see the same today in maternal and newborn health. No woman should die from preventable causes bringing life into the world, but we’ve almost normalised these deaths.

On a more practical level, fundraising. The world has waves and fads. There’s a time HIV was very well funded. We see that too in maternal and child health, these peaks and troughs, when it needs to stay on the priority list for the long haul.

Go back to childhood a little. What do you remember, and what did you want then?

I was born in Nairobi, then my parents moved to Tigoni. My father was a banker with Barclays. Later we moved to Nakuru, to a farm. It was difficult for me because I’d lived in the city. I used to admire air hostesses, wanted to be one, but my father shut that down immediately, said that was no career.

Growing up, what I remember most is struggling with inequities. My parents weren’t rich, but we didn’t lack, we went to public schools, we had meals, the basics. In high school it was in the dormitory, seeing a girl with nothing in her box.

I still remember, from a very young age, struggling with why some children didn’t have shoes, why they looked so ragged.

I believe everything I’ve done since has been toward social justice. I still struggle with it today. You go to some hospitals, find four premature babies sharing one incubator and ask, are these children of a lesser God?

In this season, are there habits you’re trying to unlearn?

I’m trying to stop and smell the roses more. In academics, in my career, I invested everything into the work. Some of my friends say I take life too seriously, that I should stop, celebrate what I’ve done. So I’m doing more of that now.

You’ve a stellar career. What’s one thing you failed at, and what did it teach you?

At the Clinton Health Access Initiative, I was given a programme on prevention of mother-to-child transmission of HIV. We succeeded in preventing transmission at delivery. But mothers still needed to breastfeed, and still carried the virus, and the science for that wasn’t advanced yet. So, in essence, we failed.

Babies born HIV-negative eventually turned positive through breastfeeding. There was the option of infant formula, but that brought complications around clean water, and you could save a child from HIV only to lose them to dehydration and diarrhoea.

That taught me that much as we were the crazy ones who thought we could change the world, and for the most part we did, we needed to bring everyone along. We jumped ahead of the science, assuming the rest would catch up. Ambition must be matched with reality.

Is there anything you’ve always wanted to do but haven’t gotten around to?

I keep saying I want to retire in Nanyuki, on a farm. I think I’m a rural girl now. I haven’t gotten around to finding that place, that solace, and I realise I don’t have so much time left, so I’d better do it. I think of retirement more now, in part because I believe in empowering others to carry the baton. I don’t want to hold it for too long before I hand over.

Are there things you struggle with as a female leader that male leaders of your cadre don’t?

Certainly, we haven’t moved past that. Early in my career, we were supporting the Kenyan government to hire additional nurses and doctors, the money had been put in Treasury but staff hadn’t been paid.

I kept urging the leads to honour that commitment, and one of them told me, ‘young girl, don’t get emotional, it’s normal for doctors and nurses to wait six months for their first salary.’ I said, but the money is already there, we’re failing them by not moving it.

I don’t think if the person raising that concern had been a man, the response would have been the same. As women, especially African women, you have to work twice as hard to earn that level of respect. I’ve sat in a waiting room while someone said, ‘we’re still waiting for your boss’, only for my colleague to correct them, ‘this is the boss.’

What personal fears keep you up at night?

I’m a mum to a 10-year-old girl, and I think about what happens if I’m not there, who takes care of her. And whether she’ll turn out well, whether I’m teaching her the real strokes of life, or sheltering her too much.

Where do you get your affirmation from now?

My family, especially my husband. Even on tough days he’s good at telling me I’m doing a great job. And my mother, a core pillar of my strength. In May, when I got the TIME100 Philanthropy recognition, she told me I had fulfilled her dream. She’s one of my biggest cheerleaders.

What’s your struggle in this season of your life?

Speed. The rate at which I want to see change. I feel it every time I sit in rooms where Africa is described negatively, especially on maternal and newborn mortality. I know the approach of working with governments is the right one, but I want to inject more pace into it.

What’s your love language?

Service. I do gifting too, but acts of service is the predominant one. I believe in showing up.

Is there anything you’d like to share that you thought I’d ask?

Early in my career, leading the Kenya programme, I was on a trip to Beta Point, today’s Homa Bay County, when I felt something creep up my trousers. I’d been stung by a scorpion.

What stuck with me is that health workers at the local health centre treated me quickly, crushed the scorpion, gave me the antidote. My international health insurance didn’t matter in that moment. Those were the people who saved my life.

I tell that story because it’s why I’m such a strong believer in building systems for everyone. That experience grounded me, and it’s part of why I keep chasing equity for all.

If the Level Five hospital is functioning, it’s for all of us. Getting anywhere else for treatment at the time was far-fetched. That grounded me, and it’s part of why I keep chasing equity for all.

If you were reincarnated, what profession would you choose? And what do you do now to unwind?

I think I’d get into large-scale farming, combining another inequity I care about, food security, with the peace and serene life I look forward to in retirement. To unwind I love to travel to peaceful, serene places. Water calms me a lot. I also read, and I take time with friends, and with my daughter.

‘When you slurp, you draw in air alongside the noodles and broth. This allows the aromas to travel to your nasal cavity so that you get a more intense flavour profile of the dish,’ says Wangari Wachira, one of the founders of Shokudo Japanese Restaurant in Nairobi.

The process is often compared to swirling a glass of wine before tasting it to create a fuller sensory experience. But that’s not its only purpose. Ramen is typically served scalding hot, and drawing in air as you eat can help cool the noodles and broth as they enter your mouth. The Japanese do not care about making sounds while we eat,’ he says. ‘It’s simply a way of expression, a way of saying that we are having a good time and enjoying the meal.’

The one-pot meal

Another Japanese tradition is saying Itadakimasu before a meal and, Gochisousama deshita afterwards. Both are expressions of appreciation for the food and the work that has gone into bringing it to the table, and in the case of ramen, that work can begin hours, sometimes even days before the bowl is served.

‘Ramen is what you call a one-pot meal,’ says Wangari. ‘It brings together several components in a bowl, with broth being one of the main ones. And to make a proper broth, you have to boil it for hours.’

The broth can vary in style, from lighter versions that require less cooking time, to thicker, more concentrated broths that are simmered for 18 to 24 hours.

‘Different regions use different ingredients and have different styles of cooking, but the most common one is tonkotsu, which is a broth made from pork bones,’ says Koki.

‘We use the bones with plenty of bone marrow and boil them together with aromatics such as ginger, garlic, and leeks. I can compare the technique to how Kenyans make their beef soup, although more care and consideration go into the ramen broth to achieve that deep, rich taste.’

A ramen bowl also includes noodles, which are often made by hand using wheat flour, water, and alkaline salts such as sodium bicarbonate. Unlike spaghetti and many commercial noodles, ramen noodles tend to have a springy, chewy texture that allows them to take on the flavour of the broth, hold their shape, and retain some bite even when immersed in the hot soup.

To prevent them from becoming soggy, however, the experts say the trick is to boil them for a few minutes and remove them while they are still slightly undercooked so they can finish cooking in the broth.

And then there are the toppings.

‘If you are doing it at home, you can use whatever you have in your pantry, but the main toppings include chashu (braised pork belly), soft-boiled marinated eggs, and vegetables such as bok choy, spinach, bamboo shoots, or green onions,’ says Wangari. ‘You can also add extras such as seaweed, mushrooms, narutomaki (cured fish cake), or miso paste.’

Once each component has been prepared, they are brought together in a single bowl, which Wangari describes as both a bowl of goodness and a labour of love.

Growing foothold

In recent years, Kenyan diners have increasingly come to appreciate this labour of love, giving ramen a foothold in Nairobi’s dining scene.

In Japanese, the word shokudo refers to a casual, local eatery, which is exactly what Wangari and her co-founder envisioned when they started the restaurant back in 2019.

‘My partner and I have interacted with Japanese culture for over 30 years now,’ she says. ‘We started Shokudo because we felt the Japanese food culture was not being experienced here in the same way that it was in Japan, and we wanted to share that full-on, authentic experience. There are a lot of things we incorporated into our restaurant simply because that’s how it’s done in Japan.’

The reception, she says, was better than she’d hoped.

‘The timing was perfect,’ she says. ‘It was a time when people were looking for more from the restaurant scene, and Japan had done a good job marketing its food globally, including through social media. If someone was a foodie, they had in one way or another heard about Japanese food, so by the time we opened, the curiosity was already there.’

The diners profile

Still, the majority of her customers were Japanese, French, and other members of the international community. Curious Kenyans initially gravitated toward sushi, with ramen gaining more attention over the years.

‘We still have people coming in to try Japanese cuisine for the first time, but while sushi is still a best-seller, many of them want to start with ramen,’ she says.

Koki, who also started his restaurant in 2019 after noticing a gap in the market, shares a similar experience.

Shokudo Japanese Restaurant co-founder Wangari Wachira demonstrates how to prepare ramen during an interview at the restaurant in Kilimani, Nairobi, on September 3, 2026.

Wilfred Nyangaresi | Nation Media Group

‘I would find ramen shops at every corner in other countries, but when I came to Kenya, it wasn’t a booming business at all,’ he says. ‘And I think that’s because there wasn’t proper information about Japanese food.’

But unlike Shokudo, Sushi Ramen Bar’s main clientele is Kenyan.

‘We have a bit of a mix, but about 90 percent of our customers are Kenyan,’ he says. ‘This has been our target all along, so it wasn’t surprising.’

Though exact figures are difficult to come by, both restaurants say demand for ramen has steadily increased over the years. Both have since expanded to three branches.

Shokudo has outlets in Kilimani, Gigiri and Riverside Drive, while Sushi Ramen Bar has branches at New Muthaiga Mall along Thigiri Ridge, The Hub Karen and Sarit Centre.

The business secret

Wangari credits the growth to the restaurant’s authentic recipes and consistency. Much of what goes into the ramen is made in-house, including the broth, noodles and miso paste. The restaurant uses locally sourced ingredients and produces its own vegetables, eggs and chicken, while importing seasonings such as soy sauce, mirin and sake from Japan.

‘My secret is I never skimp on ingredients, even if it is costly for the business,’ she says. ‘That is how the dishes get their rich taste, and that is what keeps the customers coming back.’

The restaurant makes few adaptations to its ramen, mostly by offering options that are less common in Japan, such as a vegetarian bowl made with tofu and mushrooms instead of meat and eggs. Even so, Wangari says the pork ramen remains the most popular. Prices range from Sh1,500 to Sh1,700 a bowl.

For Sushi Ramen Bar, Koki believes its commitment to local communities, affordable prices, generous portions and variety have been key to its growth.

‘We work for the locals,’ he says. ‘Beyond making a profit, our vision is also to support and create impact for the local communities.’

The restaurant employs about 60 women, whom Koki trains from scratch in kitchen safety and hygiene, hospitality, recipes and ingredients, as well as the history behind the dishes. For Koki, this approach is a way of addressing social challenges within the communities the restaurant serves, particularly by creating opportunities for single mothers.

The restaurant also relies heavily on ingredients imported directly from Japan, including ramen noodles, soy sauce, nori, wasabi, sake, mirin and dashi. Koki says this helps simplify the cooking process for his staff while maintaining consistency and an authentic Japanese flavour.

‘We make it simple enough for the staff to manage,’ he says. ‘But customers feel the authenticity, and every time they come back, they can enjoy the same taste.’

Sushi Ramen Bar currently serves several ramen varieties, including tonkotsu, miso, spicy miso, shoyu, and Nagasaki champon, a traditional noodle soup. A bowl costs Sh1,000.

Challenges

One of the challenges that stands out in making and selling ramen in Kenya, Koki says, is what he describes as a lack of information about Japanese food.

‘Some people are still confused about Chinese, Japanese and Korean food, so I think we still need to talk about it more and explain the differences, the history and even the health benefits,’ he says.

‘Japanese food is popular all over the world, partly because of its reputation as a healthy cuisine. If we start talking more about health, how to eat and what makes a good diet, I think we can change people’s minds and help them recognise that Japanese food offers more than just a different taste.’

But if the lack of information remains one of ramen’s biggest hurdles, Wangari believes time may work in its favour. She sees the dish as more than a passing trend, with a younger generation already growing up familiar with it.

‘I don’t think ramen is a fad. I think it’s here to stay,’ she says. ‘Every day I see the love for Japanese food growing, particularly among younger generations. Gen Alpha, aged around seven or eight, especially, come to the restaurant already knowing what they want. Their parents could be totally clueless, but they know the name of what they want, what it looks like, and even how it’s eaten. These are the ones who are going to keep the trend going. For them, foods like ramen will be the usual food they go to eat at restaurants for lunch. They are the carriers of our vision.’

Bank of Baroda has returned to the High Court seeking a review of a decision that left it facing a Sh2.99 billion default judgment in favour of Infinity Industrial Park.

The lender says it failed to file its defence in the case after its former lawyers failed to inform it that the court had granted leave to file a defence in the long-running dispute.

Through credit officer Hillary Sang, the bank says the failure by its advocates to communicate the court’s orders was ‘very injurious and amounts to sufficient cause for the decision to be reviewed’.

‘I verily believe that the absence of summons to enter appearance is not only in error but amounts to sufficient cause to review the court’s decision,’ Mr Sang said.

The bank is seeking a review of the High Court’s July 31, 2026 decision dismissing its application to set aside a default judgment entered on September 8, 2025.

Bank of Baroda argues that the summons to enter appearance uploaded on the court’s Case Tracking System (CTS) on June 14, 2024, was unsigned and remains outstanding. It also says its former lawyers never informed it that the court had granted leave to file a defence.

‘The failure by the advocates on record to update the lender regarding the court’s orders to file a defence did not place the bank in a position of knowledge to follow up with their then advocates to file the defence,’ Mr Sang said.

The High Court, however, found that the bank had participated in the proceedings and was represented by lawyers when it was allowed to file its defence.

‘As I have already found, the Defendant entered an appearance, participated in the interlocutory proceedings, and was expressly granted leave to file a defence. The defendant was represented by counsel throughout. The failure to comply with the Court’s timeline is not attributable to the absence of formal summons; it is simply a case of non-compliance with a court order,’ the judge ruled.

The court said the bank had failed to provide a satisfactory explanation for its delay and dismissed its application, describing its conduct as indolence.

‘The Constitution, specifically Article 159(2)(b), mandates that courts must deliver justice without unnecessary delays. The Civil Procedure Act emphasizes that civil disputes be determined fairly, quickly, proportionately, and affordably, as outlined in Sections 1A and 1B. A party that neglects its rights cannot later rely on the Constitution to avoid the repercussions of its own inaction,’ the court ruled.

Bank of Baroda now says the judgment exposes it to immediate and potentially crippling losses.

‘That I am advised by the Applicant’s advocates on record, and which advise I verily believe to be true, that the applicant stands to suffer immediate irreparable loss and damage to the tune of Sh2.996 billion which will cause severe operational disruption and reputation damage,’ Mr Sang said.

The dispute stems from a Sh1.976 billion loan advanced by the bank to Infinity in 2019 to finance the development of its industrial park, including infrastructure and warehouses at Njiru along the Eastern Bypass.

The loan was secured against several properties, including the industrial park land.

Infinity sued the bank in June 2024, accusing it of actions that disrupted its operations, damaged its reputation, and undermined efforts to attract fresh investment. It is seeking about Sh2.996 billion in damages.

The bank maintains that Infinity defaulted on the loan and that it was entitled to exercise its rights as a secured lender.

On September 8, 2025, the High Court entered default judgment in Infinity’s favour after the bank failed to file its defence within the prescribed period.

The bank later argued that its intended defence raised triable issues, including the replacement of a charge over the industrial park property, the amount secured and a statutory notice relating to a Sh2 billion claim.

The court rejected the argument, holding that the existence of triable issues did not, by itself, justify setting aside the judgment.

Questions over missing records at the Kenya Civil Aviation Authority (KCAA) have deepened a dispute over recruitment of the State agency’s next director-general, with the High Court pointing out that the matters raised require a full hearing.

The court noted that the petitioners had complained that KCAA had not produced Board minutes, a resolution, meeting agenda or attendance records to substantiate claims that the decision to begin recruitment of the director-general was made when the Board had enough members present to make binding legal decisions.

KCAA, however, maintains that its Board approved recruitment on April 17, 2026, when it was properly constituted.

Responding to a petition challenging the recruitment of a new director-general, KCAA told the court that the process was later placed on hold after the terms of independent directors expired, pending reconstitution of the Board.

However, the court said no resolution had been presented to demonstrate that recruitment had actually been halted. It has consequently stopped KCAA from advertising, processing or concluding the recruitment until the Board is fully constituted or the petition is determined.

‘A conservatory order is issued staying the implementation of the resolution of the first respondent’s (KCAA) Board of Directors to advertise, commence, process, or conclude the recruitment process for the position of Director General of the Kenya Civil Aviation Authority, pending the full hearing and determination of the Petition or until the Board is fully constituted, whichever comes first,’ said the court.

Noting that KCAA acknowledged that it could not exercise statutory functions until the Board is fully constituted in accordance with section 17 of the Civil Aviation Act, the court also issued an order restraining the Board from transacting statutory business requiring mandatory quorum unless and until the Board is lawfully constituted.

The dispute followed the departure of Emile Nguza Arao, whose tenure as director-general ended on April 22. KCAA subsequently appointed Nicholas Bodo as acting director-general while it sought a substantive successor. KCAA announced Bodo’s appointment on April 23 and said he would provide continuity as the authority recruited a permanent holder.

The petitioners, Humphrey Bulimu and Charles Mutyetu, want the recruitment declared unlawful and the Board restrained from concluding it until lawfully constituted. They seek orders requiring vacancies to be filled through an open, transparent and competitive process.

They challenge the composition of the KCAA Board, the tenure of board member Anne Too and the manner in which the director-general recruitment was initiated.

The petitioners argue that the Board requires six members for quorum under the Civil Aviation Act and that several independent members’ terms expired on April 20. They also contend that Ms Too’s tenure ended on the same date because she replaced a former member for the remainder of that member’s term.

KCAA disputes that position. Its lawyers told the court that Ms Too was appointed on October 24, 2025, for a three-year term. They further challenged the qualifications, saying a four-week leadership course required under KCAA’s 2025 Career Guidelines was treated as an added advantage and computer proficiency was omitted.

KCAA defended the email address as an official recruitment portal and said the leadership course was not a mandatory statutory requirement under Section 19(4) of the Civil Aviation Act.

The court rejected the jurisdiction objection at this stage, holding that the dispute concerned public law questions over Board composition, statutory compliance and governance. The judge found the petitioners had the capacity to file the case under Article 258 of the Constitution.

On recruitment, the court found that the allegations raised substantive issues requiring examination at the full hearing.

‘I find that the petitioners have demonstrated that they have a prima facie case requiring full judicial examination,’ the court said. The judge noted that no Board resolution had been presented to show that the recruitment process had been halted.

‘It is therefore this court’s finding that the public interest heavily favours the proposition that a director-general should be appointed strictly in accordance with the law and constitutional values,’ the court said.

The court found that allowing recruitment to continue could undermine the petition because an appointment could be completed before the court determined its legality.

‘Reversing an executive appointment after an individual has gone through a rigorous process of being shortlisted, interviewed and assumed office creates administrative chaos, legal uncertainty and complex unwinding liabilities to the citizen taxpayer,’ the court said.

The court said an acting director-general was already in place, meaning that the order would not disrupt KCAA’s operations.

It therefore restrained the Board from conducting statutory business requiring a mandatory quorum until it is lawfully constituted. It also declined to determine Anne Too’s fate before hearing the petition.

KCAA regulates aviation safety and security, provides air navigation services and oversees civil aviation standards. The petition is set for pre-trial directions on October 6, 2026.

The Merali family is venturing into glass manufacturing by acquiring a 50 percent stake in a proposed Sh330.36 million pharmaceutical glass bottle plant at the Dongo Kundu Special Economic Zone (SEZ), as it seeks to revive its fortunes in manufacturing.

The Meralis own a 50 percent stake in Milly Glass Works Limited, whose affiliate, Milly SEZ Limited, will build the plant on six hectares within the Dongo Kundu SEZ in Mombasa County, according to information from the Business Registration Service (BRS).

The facility is expected to produce 290,000 tonnes of glass bottles annually. Milly Glass Works Limited, which has long been associated with the family of Mombasa businessman and former Kanu-nominated MP Rashid Sajjad, also fully owns Milly SEZ Limited.

However, a search at the BRS shows that the Meralis also have a shareholding in the glass manufacturer through their investment vehicle Zaigham Investments Limited.

Zaigham Investments owns a 50 percent stake in Milly SEZ Limited, giving the Merali family an indirect 50 percent equity interest in the proposed glass-making plant.

Information from the registrar of companies shows that Sameer Telkom Limited owns a 99.9 percent stake in Zaigham Investments Limited, while Sameer Group Chief Executive Sameer Naushad Merali, the son of the late Naushad Merali, owns one ordinary share in Sameer Telkom Limited.

Naushad Merali, the founder of Sameer Group who died in July 2021, was in 2015 ranked by Forbes as the third richest man in Kenya and 48th in Africa with a net worth of $370 million. His heirs, including the son Sameer, have continued to play important roles in managing the family empire.

The Merali family has interests mainly in real estate, agriculture, building and construction, transport, energy and power, industrial parks, telecommunications and insurance through companies like Sameer Africa which is listed on the Nairobi Securities Exchange.

Merali made his wealth by first purchasing unprofitable companies and turning them around in his formative days as an investor. He would then exit at a profit -sometimes attracting criticism when the new buyers failed to profit from the deal.

In recent years, he divested from ICT firms including Swift Global, Kenya Data Networks, KenCell and Equatorial Commercial Bank -raking in billions of shillings in the process.

The family exited its tyre manufacturing business due to high production costs and stiff competition from cheaper imports from China and India. However, the family appears to be warming up to the manufacturing sector.

Milly Glass SEZ says the expansion into specialised glass packaging reflects the rising demand for high-quality packaging within the pharmaceutical sector in East and Central Africa, where local manufacturing capacity remains relatively limited.

The Environmental and Social Impact Assessment (ESIA) report shows the project will leverage advantages such as proximity to the Port of Mombasa, the Standard Gauge Railway and Moi International Airport, and a growing road network, making it ideal for an export-oriented manufacturing model.

‘The project proponent proposed the development facility based on market analysis of demand growth of pharmaceutical glass bottles and the opportunity to construct a new facility that will strengthen their existing glass bottle manufacturing facility in Mombasa,’ reads the ESIA report.

The firm explained that the proposed plant would produce type III glass amber-coloured pharmaceutical glass bottles, which are used for storing, protecting, and transporting the medicine.

The bottles are used for liquids, tablets, capsules, vaccines, and parenteral (injectable) preparations.

Kenya’s Tax Appeal debate isn’t going away. It continues to resurface. Although it was quietly dropped in Parliament, the proposal to amend Tax Procedures Act (TPA) has persistently reappeared in successive Finance Bills since 2024, and the Finance Bill, 2027 may prove no exception.

It seeks to require taxpayers to pay the disputed principal tax, in whole or in part, before filing an appeal against a decision of the Tax Appeals Tribunal (‘Tribunal’ or ‘TAT’), the High Court, or the Court of Appeal.

The latest attempt floated through a supplementary order paper during the Finance Bill, 2026 debate may have been shelved, but the policy question it raises remains far from settled. Currently, the Commissioner is restricted from issuing agency notices against taxpayers who have active appeals before the Tribunal, the High Court, or the Court of Appeal.

At face value, the logic is compelling. The Government is under mounting pressure to raise more revenue in an increasingly tight fiscal environment. While the Kenya Revenue Authority (KRA) exceeded its target in the 2024/2025 financial year collecting about Sh2.57 trillion, performance in the current financial year tells a more nuanced picture.

As per the Statement of Actual Revenues and Net Exchequer released by the National Treasury and Economic Planning in May 2026, collections stood at Sh2.174 trillion against an original estimate of Sh2.627 trillion, reflecting shortfall of about Sh453 billion.

Kenya’s economy grew by 4.7 percent in 2024 and is estimated to have moderated to 4.6 percent in 2025. While this reflects relative resilience, the mild deceleration underscores broader macroeconomic pressures that can dampen revenue performance.

The challenge is not delayed tax disputes, rather it points to a combination of ambitious revenue targets and structural constraints within the economy. In that context, it becomes necessary to ask whether proposals such as ‘pay now, argue later’ are addressing the real problem or merely shifting the burden onto taxpayers.

Proponents of the proposal argue that requiring upfront payment would secure revenue, discourage frivolous disputes, and enhance fiscal predictability. However, beneath this surface logic lies a deeper constitutional and economic tension. Article 47 of the Constitution guarantees every person the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. It is not a hollow promise.

It is a safeguard against administrative overreach. Conditioning the right of appeal on prior payment risks undermining that guarantee. Access to justice cannot meaningfully exist where the ability to be heard depends on one’s financial capacity.

In practical terms, the implications are stark. Tax disputes often involve substantial sums, with significant implications for business liquidity.

A prepayment requirement could effectively prevent businesses from pursuing legitimate appeals, not because their cases lack merit, but because they lack liquidity. The result is not efficiency, but exclusion.

In many cases, businesses may be forced to resort to external financing to meet such upfront tax demands. This introduces additional borrowing costs, increases the cost of doing business, and diverts capital away from productive investment. Over time, such pressures can undermine competitiveness and discourage formal sector growth.

More critically, such a policy approach sidesteps the real problem: systemic inefficiency in tax dispute resolution.

While the Tax Procedures Act and the Tax Appeals Tribunal framework prescribe timelines for procedural steps such as filing objections and appeals, they do not impose strict statutory deadlines for the Tribunal to determine cases. In practice, disputes can take years to conclude as they move through the Tribunal, High Court, and Court of Appeal.

Rather than addressing these delays, the prepayment proposal would shift the burden onto taxpayers. It effectively asks them to finance the inefficiencies of the system.

Even more problematic is what happens after the dispute. Section 47 (2) of the TPA provides for refunds of overpaid taxes, but recent amendments introduce a critical caveat: where refunds are not processed within six months from the date of ascertainment, the amounts shall be automatically applied to offset existing or future tax liabilities.

This has institutionalised the use of refund adjustment vouchers (RAVs), meaning taxpayers may not receive cash even after succeeding in their appeals. For businesses without immediate tax liabilities, this strains cash flow and undermines confidence in the system.

If the objective is to unlock revenue trapped in disputes, then the solution lies not in restricting access to appeals but in fixing the structural inefficiencies that cause delays in the first place. A more balanced approach would begin with institutional reform.

As a short-term measure, Alternative Dispute Resolution (ADR) mechanisms should also be strengthened to encourage early settlement of tax disputes, reducing the burden on the courts altogether.

During the 2025/26 financial year, the KRA resolved 993 tax disputes through ADR, unlocking Sh35.062 billion in revenue, according to its Annual Revenue Performance Report. The achievement underscores the effectiveness of ADR in expediting dispute resolution, strengthening taxpayer relations, and facilitating the timely collection of revenue that might otherwise remain tied up in prolonged litigation.

At a broader level, sustainable revenue mobilization will depend on expanding the tax base and supporting economic growth. Bringing more taxpayers into the formal tax net, while fostering an enabling environment for businesses to grow, would reduce the pressure to rely on aggressive or potentially unconstitutional enforcement measures.

As a medium- to long-term reform, Kenya should consider establishing specialized tax divisions within the High Court and corresponding benches in the Court of Appeal, similar to the Constitutional and Judicial Review, Land and Environment divisions.

While this would require time, dedicated resources, and significant institutional investment, the long-term gains in efficiency, consistency, and quality of tax jurisprudence would be substantial. Given the highly technical nature of tax law, dedicated judicial expertise would significantly improve the speed, quality, and consistency of decisions.

This is not a novel proposition. Leading jurisdictions treat tax disputes as a specialised area of law requiring dedicated judicial structures.

The United States of America operates a separate Tax Court with judges experienced in tax matters, while the United Kingdom has established a dedicated Tax Chamber within its tribunal system. Similar specialised tax courts exist in Canada and across parts of Europe. These systems demonstrate that judicial specialisation is a proven tool for improving efficiency and ensuring consistent, high-quality decisions.

Equally important is the introduction of clear statutory timelines for the determination of disputes at each level of appeal. Predictable timelines would reduce delays, accelerate revenue collection, and eliminate the need for coercive prepayment measures.

Ultimately, the recurring reintroduction and withdrawal of the prepayment proposal suggest a policy solution in search of the wrong problem. The Government is right to be concerned about delayed revenue. But requiring taxpayers to pay before they are heard risks undermining constitutional protections, distorting business operations, and eroding trust in the tax system.

There is a better way. Fix the system, not the taxpayer. A tax system that is efficient, predictable, and fair will always collect more because it commands compliance, not compulsion. That is the reform Kenya truly needs.

What does it mean to be literate in Kenya in 2026? For generations, the answer was straightforward, the ability to read, write and perform basic arithmetic. Today, that definition is no longer enough.

A person may read a newspaper yet fall victim to online misinformation. They may own a smartphone but lack the skills to use it for learning, employment or entrepreneurship.

As we mark International Literacy Day, we must move beyond celebrating literacy rates and ask a more fundamental question: Are we giving every Kenyan the knowledge, skills and opportunities needed to participate meaningfully in the economy and society? Literacy is no longer simply an education issue. It is an economic issue, a social justice issue and increasingly, a question of national competitiveness.

Kenya has made significant progress in expanding access to education. According to the Kenya Demographic and Health Survey 2022, 91 percent of women and 94 percent of men were literate. These figures are encouraging, but national averages can conceal the Kenya that is less visible.

The Commission on Revenue Allocation’s State of Inequality in Kenya report, drawing on KNBS data, showed literacy levels ranging from 94 percent in Embu to 81 percent in Samburu. Counties such as Garissa, Tana River, Turkana and Samburu have historically faced some of the greatest educational disadvantages.

Behind these statistics are real children and young people whose circumstances can determine how far their education takes them.

If education is the great equaliser, then education financing must be designed to reach those who have the least ability to finance it themselves. This is why we cannot have a serious conversation about literacy without having an equally serious conversation about financing education. Every level of education matters.

This calls for investment not only in classrooms and teachers, but also in libraries, connectivity, electricity, digital devices, adult education, TVETs and innovative education financing models. The journey from literacy to prosperity is neither automatic nor guaranteed.

But without a literate, educated and skilled population, that journey becomes harder.

In today’s economy, we must therefore speak not only about reading and writing, but also about digital literacy, financial literacy, health literacy, media and information literacy, data literacy, scientific literacy and civic literacy.

Early childhood education establishes the foundation for learning; primary education develops foundational literacy and numeracy; secondary education builds knowledge and prepares learners for further training. TVET equips young people with practical and technical competencies, while universities and postgraduate institutions produce professionals, researchers, innovators and future leaders. A weakness at one level eventually manifests itself at another.

A child who fails to acquire foundational literacy is likely to struggle later. A young person who cannot access secondary education has fewer opportunities to acquire advanced skills. Likewise, a student who qualifies for university or TVET but cannot afford tuition, accommodation, books or basic upkeep may never get the opportunity to convert potential into productivity. Education financing should therefore not be viewed merely as a budgetary expense. It is an investment in Kenya’s productive capacity.

The responsibility of government, education institutions, development partners, the private sector and society at large is therefore to ensure that financial circumstances do not become the ceiling on a person’s aspirations.

There is also a compelling economic argument for investing in education and human capital. Countries such as Singapore, Finland and South Korea followed different development paths, and their success cannot be attributed to literacy alone. However, each placed education, skills development and human capital at the heart of national transformation.

The lesson for Kenya is not to copy another country’s education system, but to recognise that sustained investment in people creates the capabilities needed to move economies from low-productivity activities towards higher-value production, innovation and technology.

The World Bank estimates that, globally, each additional year of schooling is associated with an average 9 per cent increase in hourly earnings. Education also contributes to long-term economic growth, innovation, stronger institutions and social cohesion.

A literate and skilled population is better positioned to participate in formal employment, entrepreneurship, agriculture, manufacturing, financial markets, technology and the digital economy. Education gives people not only knowledge, but also the capacity to make better decisions, adapt to change and create opportunities.

The smartphone has become a classroom, workplace, bank, marketplace and information centre. But access to technology alone is not enough. Young people must know how to use technology productively and safely. Citizens must be able to distinguish credible information from misinformation.

Workers must be prepared to learn new technologies throughout their careers, while entrepreneurs must understand digital finance and markets.

Kenya must consequently move from a narrow conversation about literacy rates to a broader national commitment to lifelong learning and functional literacy. And if we are serious about this, we must take literacy to the margins.

Educational opportunities cannot be concentrated only where schools, universities, libraries and technology already exist. We must deliberately reach arid and semi-arid counties, informal settlements, remote rural communities, refugee-hosting communities and other areas where poverty, geography, disability, gender and social exclusion continue to limit access to learning.

A talented young person in Nairobi may access a university, TVET institution, online course or digital library with relative ease, while another equally talented young person in Turkana, Marsabit, Mandera, Wajir or Tana River may face entirely different barriers.

HELB’s mandate sits squarely within this national mission. Since its establishment, the Board has evolved from supporting a relatively small number of students into a major pillar of Kenya’s higher education financing ecosystem.

HELB has empowered more than 1.23 million students through its financing programmes. Every time financing enables a young Kenyan to enter university, TVET or another professional programme, we are helping build an individual who can participate more effectively in the economy.

Every student who acquires a technical skill, professional qualification or advanced area of knowledge becomes part of Kenya’s human capital. When graduates enter the workforce, establish enterprises, innovate, pay taxes, employ others and contribute to their communities, the original investment in education begins to multiply. That is the real return on education financing.

But access alone is not enough. We must also ask what learners are being taught and whether those skills can translate into productive livelihoods. Kenya’s universities and TVET institutions must remain connected to the changing needs of the economy. Training must respond to emerging opportunities in artificial intelligence, cybersecurity, renewable energy, advanced manufacturing, healthcare, agritech, financial technology and the creative economy.

We need graduates who can read and write, but also analyse, create, innovate, communicate, collaborate and solve problems. We need young people who can use technology rather than merely consume it. We need citizens who can navigate an increasingly complex information environment confidently and responsibly.

The Tax Appeals Tribunal has faulted the Kenya Revenue Authority (KRA) for classifying a cake-making additive imported by a local company, Palsgaard Kenya Ltd, without laboratory testing.

The Tribunal overturned KRA’s tariff decision, saying the authority could not sustain a different classification after acknowledging that its laboratory could not accurately analyse the product.

While allowing the company’s appeal, the Tribunal said KRA relied on the product’s use as an emulsifier and stabiliser in cake production to classify it as a food preparation, without producing contrary chemical or technical evidence.

The dispute concerned two consignments of the cake-making additive the company imported. KRA partially verified the consignments and found their quantities and value satisfactory, but did not verify their tariff classification before issuing its rulings on August 14, 2025.

Palsgaard declared the product under a customs classification code covering organic surface-active agents.

KRA instead classified it under a code covering preparations used in manufacturing beverages and food. It subsequently issued its tariff rulings and upheld the same after Palsgaard sought a review.

Palsgaard appealed after KRA rejected its objection. The company said the product was potassium stearate in glycerol, used in small quantities as an emulsifier and stabiliser to provide stable cake gel, improve whipping performance and extend shelf life.

Palsgaard said the product was not itself a food preparation. It asked the Tribunal to set aside KRA’s decision and classify the product as an organic surface-active agent or as a chemical preparation not elsewhere specified.

KRA relied on the supplier’s technical datasheet and argued that the product was a food additive and key ingredient in cake production.

The authority also argued that glycerol had nutritional value and contained calories, supporting its treatment of the product as a food preparation. However, KRA acknowledged that its laboratory equipment was insufficient to analyse the product accurately.

The Tribunal found that the evidence showed the product was neither cake gel nor a finished or semi-finished food preparation. It said there was no evidence that it contained flour, sugar, milk or another foodstuff.

‘A chemical preparation used by a food manufacturer does not necessarily become a food preparation under heading 21.06,’ the Tribunal said.

It added: ‘The words ‘used in the making of’ in the explanatory material to heading 21.06 cannot be read so broadly as to absorb every chemical additive employed in food manufacture.’

The Tribunal also found that Palsgaard had produced evidence on the product’s composition, physical character and technical function, while KRA had not produced contrary chemical or technical evidence.

In addition, the Tribunal said the evidential burden therefore shifted to KRA to explain why the product belonged under the food-preparation heading. It found that the authority failed to do so.

‘The respondent should have conducted lab tests on the product,’ the Tribunal said, noting that Chapter 34 of the Harmonized System (HS) customs classification contains specific tests for determining whether a product is an organic surface-active agent.

It held that KRA had wrongly classified the imports as food preparations used in manufacturing food and beverages instead of organic surface-active agents. It allowed Palsgaard’s appeal and set aside the KRA’s September 22 review decision.