Category: Business Daily

When a patient walks into a health centre in Bomet or a dispensary in Lamu, they are entering a county facility. The nurse who takes their temperature is a county employee. The records system that logs their symptoms runs on county infrastructure. The data generated belongs to the county health service, a function the 2010 Constitution explicitly devolved from the national government.

So when the national government signed an agreement in Washington committing “Kenya’s health data” to American authorities, a constitutional question should have been front and centre: whose data is this to give?

In my previous articles on the Kenya-US health cooperation framework, I explored what this deal means for ordinary families and why our health data is a national asset. But the devolution question cuts deeper. It is not just about fair terms. It is about whether the agreement was legally valid to begin with.

The Fourth Schedule of Kenya’s Constitution distributes functions between national and county governments. Health appears on both lists, but with a crucial distinction. The national government handles “health policy” and “national referral health facilities.”

Counties handle “county health services,” including county health facilities, pharmacies, ambulance services, and primary health care promotion.

In practice, this means the national government sets policy direction. Counties deliver the services. The clinics, the staff, the equipment, the record-keeping systems: these are county functions.

The data generated through those services flows from county operations.

Article 6(2) of the Constitution is explicit: the relationship between national and county governments must be “consultative and cooperative.” Neither level is senior to the other. When the national government commits county resources, including the data those counties generate, meaningful consultation is not optional. It is constitutionally required.

The Council of Governors, which coordinates Kenya’s 47 counties, confirmed it was not consulted before the agreement was signed. County directors of health report being summoned to Nairobi with almost no notice, not to negotiate, but to review documents already finalised.

“The time was so short we could not even call our peers in the other counties for us to consult before agreeing to greenlight the documents,” that is what one county official told DeFrontera.

Dr Gordon Okomo, chair of all county directors of health in Kenya, was summoned but could not attend due to the sudden notice. Some counties are now seeking clarity directly from the US CDC because the national government has not provided detailed information.

This is not consultation. This is notification after the fact. And county health leaders have seen this pattern before.

County directors cite the medical equipment leasing scheme as precedent, a case where the national government made major health spending decisions without consulting counties, then offloaded the costs onto them. Counties ended up with expensive machines they could not use or maintain.

The US health deal follows the same trajectory. The agreement commits Kenya to “co-investments” of nearly Sh11 billion over five years. It requires hiring thousands of health workers and lab technicians who, when the agreement expires in 2030, must transfer to government payroll. But which government? County health services are a county function. These costs will land on county budgets.

No county assembly debated these commitments. No governor signed off. The Council of Governors learned about the details after the framework was already signed in Washington.

Here is the constitutional knot: if county health services are a devolved function, and data is generated through those services, then county governments have a legitimate claim over that data. The national government sets health policy, but it does not operate the clinics. It does not employ the nurses. It does not run the systems that capture patient information.

When the US agreement commits Kenya to sharing “disease data, biological samples, and genetic information” within days of detection, it is committing resources that counties generate. When it grants access to “digital health systems and outbreak databases,” those systems often run at county level.

This does not mean counties should hoard health data or refuse to participate in national disease surveillance. Public health requires coordination.

But coordination is different from unilateral commitment. Article 187 of the Constitution allows transfer of functions between levels of government, but only by agreement, and only if the receiving government can effectively perform the function.

The court has given the government until January to respond to challenges against the agreement. If the framework is to be renegotiated, and it should be, counties must be at the table as parties, not bystanders.

This means the Council of Governors should be formally included in any revised negotiations. County assemblies should have the opportunity to debate commitments that affect county budgets and county data. Intergovernmental consultation mechanisms under the Constitution should be activated, not bypassed.

It also means governors should be asking hard questions. What happens to data generated in your county facilities? Who controls access? What share of any benefits, whether funding, technology transfer, or intellectual property, flows back to the counties that generated the underlying information?

Kenyans fought for the 2010 Constitution precisely because power had been too centralised for too long. Devolution was not a bureaucratic reshuffling. It was a transfer of authority to the people through their county governments. Health was devolved because Kenyans understood that decisions about their wellbeing should not be made exclusively in Nairobi.

When an agreement that affects county health services, county budgets, and county data is signed without county participation, it does not just raise practical concerns. It undermines the constitutional settlement Kenyans voted for.

Your governor was not in the room. Your county assembly did not debate this. The data generated at your local clinic, data that could be worth billions when processed into AI systems and drug discoveries, was committed without your county’s consent. That is not how devolution is supposed to work.

Three years ago, lawyer Emily Chepkor put out a simple Instagram post inviting anyone in Nairobi to join her for a free Saturday morning run at 8 am, no fuss.

Only three women showed up, jogged a 6km loop, grabbed coffee at a café nearby, and went home.

‘Then the following weekend there were six, then 10 the next. Every time we would post on social media and more would join the following weekend,’ says Emily, an avid runner and a gym regular.

That casual call became ‘We Run Nairobi,’ now one of the city’s most consistent running clubs. On a good day, more than 1,200 runners turn up. On many days, 100 to 300 people take over roads around Nairobi.

We Run Nairobi is part of a wider wave of running clubs reshaping Nairobi’s streets and social life and, Emily says women are driving the movement.

In recent years, that energy has spilled well beyond weekend runs. What started as fitness habits, Emily says has now evolved into a travel lifestyle. Recreational running has stretched beyond city routes into travel plans, and the culture has been quietly growing.

According to recent report by Miles4Mind, salaried Kenyan women quietly setting the pace in this movement. They spend millions in a year conditioning their bodies, and planning their calendars around races, booking flights and hotels months in advance.

The study, based on 250 recreational runners in Nairobi, shows that middle and upper-middle-income earners are most invested, often setting aside dedicated budgets for race travel abroad.

Of the 175 respondents who shared their monthly income, 60 earn between Sh150,000 and Sh300,000. Another 43 take home less than Sh150,000, while 34 fall in the Sh300,000 to Sh500,000 bracket. A further 38 earn between Sh500,000 and Sh1,000,000.

Employment appears to be the engine behind the trend. ‘Recreational runners in employment represented the largest segment at 73 percent, with business owners at 12.8 percent and the self-employed at 10 percent,’ the report notes.

Age also plays a role. The strongest appetite for running and race travel is among those aged 36 to 4, suggesting that the trend is being driven by financially stable, mid-career professionals.

Women slightly outnumber men in the running scene. Of 178 respondents who disclosed their gender, 93 were women and 85 were men.

For many, this journey began during the Covid-19 pandemic in 2020, when running offered both escape and routine. For many recreational runners, the Standard Chartered Marathon in Nairobi was the first step into this lifestyle.

‘Once you’ve conquered the Standard Chartered Marathon in Nairobi, your eyes immediately turn to the Kilimanjaro Marathon in Tanzania. It’s almost a rite of passage and a natural next step for ambitious runners,’notes Emily.

‘It isn’t just about the race itself; it’s about the journey. We make it a road trip, sign up with friends, and ‘collect’ an international marathon under our belts. And once you’ve done that, there’s always another adventure in the corner,’ adds Emily, who has participated in 11 marathons, several of those abroad, including the Boston Marathon.

But this lifestyle comes at a cost.

For many runners, a single race abroad costs an average of Sh300,000, when flights, accommodation, registration fees, and travel documents are factored in.

‘The cost depends on the destination, but that is the rough average. Logistics add up quickly, from tickets to hotels and even getting your passport in order,’ says Judy Karambu, a recreational runner based in Nairobi.

To keep up with the trend Judy has turned budgeting into part of her training plan.

‘Every year, I aim to run at least two marathons in Europe and one in South Africa. That means raising at least Sh1 million. Personal savings are my main cushion, and I always recommend putting money in collective investment schemes like money market funds, so it keeps growing as you plan your travel.’

For perspective, for her Sanlam Cape Town marathon slated for May this year, she is working with a Sh350,000 budget.

‘I will be returning to Cape Town once again, and I plan to stay there for 10 days. It’s a very beautiful city, but very expensive,’ Judy says.

Amos Ronoa, who has been a recreational runner for more than five years now and who will be participating in the Chicago Marathon in September, recently tells the BDLife that he plans to spend Sh400,000 for his trip.

‘My minimum budget for Chicago is Sh400,000 to take care of my race entry ticket, which is Sh37,000. Air tickets, I am looking at Sh100,000 for return. A good accommodation, probably at an at a AirBnB, will cost between Sh50,000 and Sh70,000 for three to four days. I will also need some pocket money for transport around the city and meals. I am looking at spending between $10-20$ a day, so that is about Sh14,000 in every five days,’ he notes.

But besides the travel budgets, there is an additional cost when you factor in the training and racing gear expenses.

Limo Kipkemoi, an avid ultra-runner, says a good Garmin GPS smart watch will cost at least Sh 70,000.

‘A good pair of running shoes will cost anything from Sh25,000, depending on the brand, and you will need to have at least two pairs. You also need to invest in the running bibs and jackets,’ Limo says.

The Miles4Mind report shows that the majority of Kenyan recreational runners prefer the Garmin smart watch compared to other brands such as Apple, Samsung, Fitbit, and Coros. Of the 151 respondents who revealed their fitness trackers, 105 own the Garmin series.

‘It’s just not the runners, even trekkers prefer Garmin smartwatches, and that’s primarily because of their superior battery life, GPS accuracy, and detailed analytics like running dynamics, lactate threshold, and all that. They also have built-in maps of the entire world,’ Limo adds.

The World Bank has cited three hurdles that Kenya must clear before it unfreezes a Sh96.9 billion ($750 million) loan ahead of June 30 amid the economic shocks triggered by the Iran war.

The multilateral lender reckons it will release the billions once Kenya passes regulations indicating the criteria it uses to determine the beneficiaries of monthly stipends offered to orphans, the elderly and persons living with disabilities.

It also wants regulations guiding the issuance of sustainability-linked bonds (SLBs) and legal backing to a policy that obligates Kenya to raise its tree cover to at least 30 percent by 2032 as part of the Forest Conservation and Management Act.

These are the terms that the World Bank offered Kenya at the International Monetary Fund (IMF) and World Bank Spring Meetings in the week ended April 17.

The country risks missing out on the sizeable loan from the World Bank’s budgetary support loan, known as development policy operations (DPO), for the second financial year if it fails to meet the three conditions.

‘Regarding the DPO, outstanding prior actions include approved regulations to the Social Protection Act, amendments to the Conservation Act, and an approved sustainability-linked financing framework,’ a World Bank spokesperson told the Business Daily.

‘In addition, DPOs require an adequate macro-fiscal policy framework.’

The World Bank froze disbursements from the same facility last year after Kenya delayed passing seven laws and four policy reforms.

Kenya has since met some of the demands, including the enactment of the Conflict of Interest Act and the Social-Protection Act.

The country had gone easy in pursuit of the World Bank and the IMF for financing to cover the months to the end of the financial year in June, buoyed by billions of shillings it has received from the Kenya Pipeline Company (KPC)’s initial public offering and issuance of new Eurobonds.

The Treasury has banked Sh106.3 billion from the sale of a 35 percent stake in KPC and is also selling another 15 percent stake in Safaricom to South Africa’s Vodacom in a deal worth Sh244.5 billion.

Kenya also issued two Eurobonds of Sh290.3 billion ($2.25 billion) to fund a $415.35 million (Sh53.5 billion) buyback, leaving it with Sh237.7 billion for budget support. But with delays in receiving the Safaricom cash and transfer of the KPC billions to the infrastructure fund, the need for additional help to plug the deficit is key.

The World Bank cash flows directly to budget for use at the discretion of the State, including paying civil servants’ salaries.

Besides the DPO, Kenya has requested rapid financial support from the World Bank to help it manage the economic shocks triggered by the Iran war.

Like other nations that are heavily reliant on energy imports, Kenya is scrambling to stave off shortages of essential commodities, including petrol, while managing cost increases that could drive up inflation.

The country is the first larger emerging economy to publicly confirm a formal request to the World Bank, although others, such as Egypt, have said they have approached multilateral lenders. Rapid Response Support is a term used by the World Bank for its fast-disbursing financial ?windows and policy support that help countries respond quickly to shocks or crises.

In a sign of the risks facing Kenya’s public finances, President William Ruto signed a law on April 17 cutting value-added tax (VAT) on petroleum products to 8.0 percent from 16 percent for three months to cushion consumers from a surge in crude prices.

The condition on the eligibility criteria for cash transfers aligns with an agreement between Kenya and the World Bank that the country will improve efficiency in the delivery of social protection benefits and services.

The regulations being sought are expected to mandate the national government and counties to establish eligibility criteria using the enhanced single registry (ESR) system for the delivery of poverty-targeted cash transfers and other pro-poor social sector interventions.

The Cabinet approved the National Forest Policy, which incorporates the 30 percent target for tree cover, but is yet to make amendments to the Forest Conservation and Management Act of 2016 to incorporate the target in the law.

Kenya is yet to approve sovereign Sustainably-Linked Bonds rules, which would guide the issuance of the special bonds and improve Kenya’s climate finance credentials.

The sustainability-linked bonds are tied to achieving predetermined environmental or social sustainability targets, and the issuer or government faces penalties such as higher interest rates if they fail to meet the aims.

The government had plans to borrow $500 million (Sh65 billion) using sustainability-linked bonds by March 2026. The Treasury says it is fast-tracking the pending regulations and cited an agreement with Parliament for the passage of amendments to the Forest Management Act, which requires the nod of both the National Assembly and the Senate.

Across North America in 2025, public policy toward nicotine pouches and other non-combustible, smoke-free products revealed a stark divergence in regulatory philosophy.

In Canada, federal and provincial authorities have layered restrictions that make nicotine pouches harder to access than traditional cigarettes. In the US, by contrast, Health and Human Services Secretary Robert F. Kennedy Jr. publicly described nicotine pouches as among the safest ways to consume nicotine, signalling a markedly different harm-reduction approach.

In Canada, nicotine pouches, including the only authorised brand, Zonnic, are regulated under drug and natural health product frameworks. As a result, they are generally sold only in pharmacies, kept behind the counter, and often limited in flavour to mint, tobacco, and menthol.

These constraints are intended to curb youth access and recreational use. Critics, however, argue that the net effect is to restrict adult smokers’ access to harm-reducing alternatives while leaving cigarettes widely available in convenience stores and gas stations.

Parliamentary critics have described the policy as a ‘war on nicotine pouches,’ suggesting it reflects regulatory confusion rather than an evidence-based strategy.

Observers also point to unintended consequences, including reduced access to cessation tools, increased operational burdens on pharmacies, the growth of illicit markets for unregulated products, and anecdotal indications that some smokers revert to cigarettes when pouches are difficult to obtain.

By contrast, in the US, RFK Jr. has repeatedly framed nicotine pouches as a viable harm-reduction alternative to combustible tobacco. He has characterised them as the ‘safest way to consume nicotine’ and indicated that federal policy could support broader access and consumer choice.

Such statements suggest a philosophical shift toward pragmatism – reducing the deadliest forms of nicotine use by encouraging less harmful alternatives.

Kenya appears to be charting a path closer to Canada’s restrictive model. The Tobacco Control (Amendment) Bill, 2024, seeks to significantly limit nicotine pouches, despite evidence suggesting they pose minimal harm relative to combustible tobacco.

Regulators cite concerns around youth appeal, addiction, and recreational use, with the Bill targeting flavours, advertising, online sales, and point-of-sale visibility.

While these measures are framed as youth-protection safeguards, they risk tipping the balance too far against harm reduction for adult smokers seeking safer alternatives.

Regulatory caution is understandable, but it should be informed by public-health innovation and proportional risk assessment. In Canada, classifying nicotine pouches as drugs or natural health products subjects them to stricter controls than cigarettes, creating a regulatory imbalance that limits access to safer products while leaving far more harmful ones readily available.

In the US, public endorsement by a senior health official sends a strong market and policy signal, although effective implementation remains crucial. The contrast between the two North American approaches illustrates how public messaging, regulatory intent, and real-world outcomes can diverge sharply.

Ultimately, nicotine policy sits at the intersection of science, public health, and politics. It is not only about relative risk profiles, but also about values and priorities. If the stated goal is to maximise harm reduction while protecting young people, then regulating safer alternatives more harshly than more dangerous products invites serious scrutiny.

This risk now confronts Kenya. If lawmakers refuse to engage with industry and dismiss the modified-risk pathway, the country may inadvertently entrench combustible tobacco while handicapping lower-risk innovations.

As global experience continues to unfold, Kenyan policymakers should ask whether current proposals truly align regulation with evidence.

Are we unintentionally protecting legacy products at the expense of safer ones? Have youth-protection concerns been weighted so heavily that other workable solutions are overlooked?

Achieving a balanced outcome will require a government willing to listen to all stakeholders and to strike a pragmatic middle ground – one that protects young people without sacrificing the public-health gains of harm reduction.

When Lilian Nyawanda picked up the call on April 8, she knew instantly that her career had entered a defining stretch.

On the line was the chairman of the Kenya Revenue Authority (KRA) board, Ndiritu Muriithi, informing her that she had been selected to serve as acting commissioner-general following the abrupt exit of Humphrey Wattanga.

The appointment, pending a substantive hire, placed her at the helm of one of Kenya’s most consequential institutions, mid-financial year, with revenue targets looming.

The tax authority had by the end of March collected Sh2.038 trillion by the end of March-the first time it had crossed the Sh2 trillion mark within nine months. But that meant the authority was facing an almost impossible task of raising Sh932 billion in the final three months of the current financial year to meet its Sh2.97 trillion annual revenue target set by the National Treasury.

Dr Nyawanda’s reaction to the news from Mr Muriithi was measured. ‘Mixed feelings,’ she told the Business Daily in an interview on April 22.

‘KRA is an institution that has transcended different seasons… but the mandate remains. We still have targets to hit.’

That sense of continuity, rather than disruption, defines Dr Nyawanda’s early days in office. She is not positioning herself as a reformer tearing down systems, but as a technocrat intent on refining and scaling what already works.

Yet the real test is whether the model she built in the customs can be replicated across a tax authority that has struggled to meet broader annual revenue targets over the years.

Before her elevation to the top-most managerial position at KRA, Dr Nyawanda served as Commissioner for Customs and Border Control, a department that has in recent years outperformed targets even as domestic taxes units lagged. The contrast has not gone unnoticed, and now forms the basis of expectations around her leadership. Her explanation for customs’ success is neither accidental nor singular.

It is, she insists, the result of deliberate design.

‘We focused on efficiency, transparency and technology-driven service delivery,’ Dr Nyawanda says. ‘It’s really a combination of reforms.’

At the heart of this approach is a quiet but far-reaching overhaul of how goods are cleared into the country.

The shift has done more than streamline operations. It has introduced layers of accountability and visibility that were previously fragmented. Officials can now track clearance times, monitor decisions, and reduce discretion at the point of release–long seen as fertile ground for rent-seeking.

Complementing this is a growing reliance on non-intrusive inspection technology. Scanners, which are linked to a central analysis hub, have reduced the need for physical cargo checks, allowing compliant goods to move faster while flagging suspicious consignments.

For trusted traders, the experience is even smoother. Through the authorised economic operator programme, hundreds of vetted companies get expedited clearance, with compliance verified retrospectively through audits rather than upfront delays.

The cumulative effect, Dr Nyawanda argues, is that revenue growth becomes a by-product of better systems rather than the sole objective.

‘As you give taxpayers a good experience, revenue becomes a secondary issue that flows,’ she says.

Now, the challenge is translating that success to domestic taxes-the Large and Medium Taxpayers as well as Micro and Small Taxpayers divisions which account for the bulk of KRA’s collections, but have faced persistent shortfalls.

Dr Nyawanda insists the process has already begun. The same principles of technology, process engineering, accountability, and taxpayer facilitation are being applied to large, medium and small taxpayer segments.

But she is careful not to frame this as a break from the past: ‘It’s not really a different approach…It’s leveraging what exists and taking it a notch higher.’

That continuity may reassure insiders, but it also raises questions about whether incremental adjustments will be enough for an institution under growing pressure to plug revenue gaps amid a strained fiscal environment.

Even as reforms take root internally, Dr Nyawanda is clear that the biggest gains lie in expanding the tax base, particularly in the informal sector. She acknowledges that revenue targets are set within government budget frameworks and can at times appear ambitious, but insists KRA’s focus is on maximising compliance rather than contesting the numbers.

‘We are doing our best, but there’s still room for more,’ she says, pointing to technology as a key enabler in simplifying processes and onboarding more taxpayers.

A major priority, she adds, is bringing micro and small enterprises into the tax net through sustained engagement and taxpayer education. Few institutions in Kenya attract as much public scrutiny as KRA, and Dr Nyawanda steps into office with a familiar perception challenge: that the authority is quick to enforce but slow to refund.

She does not dismiss the criticism outright. Instead, she situates enforcement within the broader context of compliance: ‘Enforcement has its place,’ she says, pointing to smuggling and entrenched non-compliance. ‘But our approach is to ensure there is a fair process before we get there.’

On refunds, she acknowledges delays but points to structural constraints, particularly budgetary allocations from the National Treasury. While funding for refunds has increased, she concedes that turnaround times are not yet where they should be.

The balancing act – between firmness and fairness – will likely define her tenure, especially as KRA intensifies efforts to widen the tax net without stifling economic activity.

If enforcement shapes KRA’s external image, corruption remains its most persistent internal threat.

Dr Nyawanda approaches the issue with a mix of pragmatism and assertiveness. She describes corruption as a systemic challenge, not unique to KRA, but insists the authority is taking deliberate steps to confront it.

Among these is the iWhistle platform, which allows anonymous reporting of misconduct. The tool has generated a steady stream of cases, leading to disciplinary action against staff and exposing non-compliant taxpayers.

‘It may look simple, but it has had an impact,’ she says.

KRA has also embedded integrity assurance officers across departments, strengthened cybersecurity systems to reduce human interaction and conducted lifestyle audits on staff suspected of unexplained wealth. The aim is not just enforcement, but culture change.

‘Corruption has no place at KRA,’ Dr Nyawanda says. ‘We are committed to building a transparent and accountable institution.’

Her confidence in system-driven reform is rooted in a career that straddles both sides of the tax divide. After starting at KRA as a graduate trainee, she moved into the private sector, taking up roles at Deloitte, East African Breweries, and later Diageo, where she handled customs and excise matters across multiple African markets.

The experience, she says, exposed her to the realities businesses faceg.

‘You understand the pain of the taxpayer,’ she says. ‘It’s about making it a win-win.’

That perspective has informed her push for stakeholder engagement, including opening up customs processes to dialogue with industry players and feeding those insights into policy proposals at both national and regional levels.

Away from policy and performance metrics, Dr Nyawanda’s life is defined by structure and support.

Her days begin early, with a routine that includes devotion and a 30-minute workout-a discipline she says is essential not just for health, but for mental clarity in a demanding role.

Balancing work and family, she admits, is imperfect. ‘It’s never really a perfect balance,’ she says, crediting a strong support system-her spouse, children and close network-for keeping her grounded.

Dr Nyawanda’s appointment may be temporary, but the expectations are anything but….With just weeks to the close of the financial year when she took office, and a longer-term mandate to stabilise and grow revenues, her tenure is being watched closely, not just within KRA, but across government and the private sector.

Her bet is clear: that systems, not slogans, will deliver results.

Whether that bet pays off will determine not only her legacy as acting Commissioner-General, but also whether she becomes the first woman to convert a caretaker role into a permanent one. For the time being, she is focused on the task at hand.

‘The institution must continue,’ Dr Nyawanda says.

When a wealthy Kenyan dies, the battle over their estate often begins after the funeral. Bank accounts are frozen, businesses stall, and families that once appeared united fall into disputes over land, shares and control.

At the centre of many of these conflicts is a common assumption – that writing a Will is enough.

‘It is not,’ says Njuguna Muri, an estate and succession lawyer at Muri Mwaniki Thige and Kageni LLP. ‘A Will is the basic. For comprehensive solutions, one may need a trust, or even engage in other more befitting arrangements such as lifetime transfers, nominations and business structuring.’

From his experience, even families that have taken the step of drafting a Will still fall into predictable traps.

False assumptions

‘Many assume that a Will is the whole plan,’ he says. ‘Others assume their children are a duplication of them – that they will manage the estate the same way, preserve it and maintain harmony. That is rarely the case. There is also the assumption that all dependants have equal interests and needs, and should therefore be treated generally. In reality, families are more complex than that.’

In some cases, deeply held beliefs clash with the law.

‘Some assume that culture overrides the law, for instance, disinheriting daughters. Others assume that being a firstborn or male automatically translates into leadership ability. That is not always true.’

Beyond assumptions, structural mistakes weaken estate plans long before death.

‘Families often fail to separate personal assets from business ones. They ignore matrimonial property claims, and fail to update Wills after marriage, divorce, new children or major acquisitions,’ Mr Muri says.

He also warns that concentrating power in one individual ‘without clear substitutes creates deadlock, especially where the executor is unwilling, unavailable or distrusted’.

Even where everything appears in order, the legal process itself can slow matters significantly, since a Will still requires court succession proceedings before assets can be transferred.

That delay has real consequences, including the freezing of access to bank accounts, land transfers, shareholding changes and business decision-making.

He cautions families against informal workarounds: ‘The law punishes intermeddling with estate property before authority is obtained, so families who ‘self-help’ after death can create more legal trouble.’

Planning gap

For these reasons, relying on a Will alone may not be sufficient.

‘A trust can be set up while one is alive,’ Mr Muri says. ‘It becomes worth serious consideration where the estate is large, the family is complex, children are minors or vulnerable, or the assets are business-heavy.’

He adds: ‘A trust can provide continuity and privacy instead of a long court process. It can work either as a replacement for some assets or as a companion structure to the Will.’

The challenges become more pronounced when assets cross borders.

‘Land in other countries is typically controlled by the law of where it is situated. That means a Kenyan Will may not automatically resolve inheritance issues for overseas assets,’ he says.

‘Conflicts usually arise where a family uses one Will for everything, fails to check the foreign country’s succession rules, or assumes that a Kenyan grant will automatically work abroad.’

For families with businesses, the risks are even higher.

‘A Will alone may divide shares, but it does not by itself guarantee that the company will run smoothly after death,’ Mr Muri says. ‘The key is to separate ownership, control and benefit. Otherwise, beneficiaries may disagree or lack the management skills needed to run the business.’

To avoid this, governance structures are critical.

‘Families should consider shareholders’ agreements, company constitutions, family trusts holding shares, and clear succession clauses for directors and signatories,’ he says. ‘Early mentorship for future managers is also important.’

Cost reality

Protecting assets from misuse or disputes requires similar planning.

‘A parent can protect land, shares and other assets through a properly drafted Will, a trust, or lifetime transfers, depending on the situation,’ he says.

But documentation must match intent. ‘Families should keep title documents, share certificates, trust deeds and estate records aligned, and avoid mixing personal, matrimonial and business property without clear documentation.’

Even then, a Will can still be challenged.

‘A Will can be contested on grounds such as lack of proper execution, lack of mental capacity, fraud, coercion or undue influence,’ Mr Muri explains.

Courts also retain discretion and can alter a valid Will if any dependant was not reasonably provided for. He notes that poorly handled Wills are especially vulnerable.

The people appointed to manage the estate can also become a source of conflict.

‘Disputes often arise where family members refuse to act or challenge each other,’ he says.

In polygamous or blended families, the complexity increases.

‘The law recognises multiple houses and provides a distribution structure, but a one-size-fits-all approach often creates resentment or court battles,’ Mr Muri says. ‘The safest approach is to identify each house, each spouse’s rights, the children in each unit, and any prior gifts or settlements before deciding on the final structure.’

Cost is another factor families tend to overlook.

‘Families often underestimate the real cost of estate transfer – legal fees, valuation fees, gazettement, court filing costs, title transfer expenses and company filings,’ he says.

While Kenya does not impose a general estate duty, the process is far from cheap.

‘Other taxes and transaction costs may arise depending on how the estate is reorganised,’ he adds. ‘However, estate planning costs are generally cheaper than court battle fees.’

The nature of wealth is also changing, and Mr Muri says the law is still catching up – especially with digital assets, Sacco shares and cross-border portfolios.

The biggest risk with these assets, he says, is often poor documentation.

‘Families fail to document passwords, nomination details and ownership. Sometimes this leads to loss of assets.’

For those looking to protect an estate, his advice is straightforward.

First, prepare a full and honest inventory of everything owned or owed – land, shares, bank accounts, businesses, digital assets and foreign property. Second, avoid generalisations: understand each dependant and choose executors, trustees and decision-makers who are capable, trustworthy and willing to act. Finally, ensure the estate plan is professionally prepared.

Without this level of preparation, even significant wealth can quickly unravel.

‘Every estate has its own risks and its own needs,’ Mr Muri says. ‘The most important point is that neither the people nor the solution should be treated generically.’

In the end, the distinction is simple.

‘A Will tells the court your wishes,’ he says. ‘But a good estate plan makes those wishes easier to carry out without a fight.’

A court battle over the dismissal of a senior manager at Kenya Airways (KQ) has exposed an internal dispute over an aircraft engine maintenance contract at the national carrier.

The case was triggered by the airline’s decision to sack Daniel Okello and his supervisor over the selection of a higher-cost, third-ranked supplier from Germany instead of a lower-priced Israeli top bidder for a Boeing 737 engine maintenance contract.

The Employment and Labour Relations Court in Nairobi ruled that the airline unfairly terminated Mr Okello, a B787 Materials and Tools Support Manager, but only on procedural grounds.

The court found that although the August 2019 dismissal was valid, the process was flawed due to bias and lack of disclosure. It upheld the airline’s claim that Mr Okello had defied instructions from his supervisor to halt the procurement process and stop engaging the supplier.

‘The claimant’s supervisor fully participated in the decision-making process that resulted in the claimant’s termination. This participation no doubt creates a sense of bias and a possible conflict of interest,’ the court said.

‘The participation of the claimant’s accuser is, in my view, fatal and impairs the fairness of the process.’

Procurement row

The case stems from a 2019 procurement dispute over Maintenance, Repair and Overhaul (MRO) services for CFM56-7B aircraft engines used on Boeing 737-700 and 737-800 fleets.

Mr Okello told the court he had been instructed to abandon a completed Request for Proposals (RFP) process that had ranked Israel Aerospace Industries (IAI) Bedek and KLM Engineering and Maintenance as top bidders.

Instead, he said, his supervisor directed him to engage Germany’s MTU Aero Engines, a third-ranked bidder offering higher costs and less favourable contractual terms.

He objected, arguing the move violated internal procurement procedures, the company’s code of ethics and public procurement laws.

Mr Okello said the directive would expose the airline to financial loss and undermine value, especially given its well-documented financial strain.

He further argued that the directive breached multiple frameworks, including the KQ Procurement Procedure Manual (2015), the KQ Code of Ethics, and the KISM Code of Ethics and Conduct.

He maintained that Israel Aerospace Industries and KLM Engineering had been recommended based on better pricing, contractual value and more favourable terms.

Insubordination claim

The airline, however, maintained that the instructions were lawful and issued by a superior, Irene Lempaka, acting within her mandate as Acting Head of Supply Chain and Facilities.

It told the court that its managing director and chief operating officer had directed that the RFP process with Israel Aerospace Industries be halted, and that Mr Okello was required to comply.

According to the airline, Mr Okello continued engaging suppliers despite clear instructions to stop, amounting to insubordination.

He was issued with a notice to show cause in June 2019, accused of defying instructions, confronting colleagues and maintaining an insolent attitude towards his supervisor.

Mr Okello responded by defending his actions as necessary to protect the company from irregular procurement decisions and financial risk.

He was invited to a disciplinary hearing on July 4, 2019, dismissed on July 22, 2019, and his appeal was rejected by the airline’s chief executive on August 21, 2019.

He later challenged the decision in court, seeking a declaration that his dismissal was unlawful, unfair and in violation of his constitutional rights.

He also claimed Sh161.7 million in compensation, including lost earnings, benefits and damages.

Court findings

In court, Mr Okello argued that the termination process was fundamentally flawed. He said he was denied access to witness statements and that Ms Lempaka, who initiated the complaint, sat on the disciplinary panel.

The court agreed, finding that the process violated his right to a fair hearing.

‘Fair hearing includes disclosure of evidence to enable adequate defence,’ the court ruled, noting that the airline failed to provide the requested witness statements.

It added that the supervisor’s dual role as accuser and decision-maker ‘impairs the fairness of the process’.

However, the court drew a clear distinction on the substance of the dismissal.

It held that employers are entitled to enforce lawful instructions and discipline employees who defy them.

‘It is undisputed that instructions were issued to the claimant to halt the RFP process, and the claimant admits challenging and continuing engagement, albeit on grounds of legality and financial prudence,’ the court said.

Mr Okello’s claim that the procurement directive was unlawful or would cause financial loss was not proven.

‘The claimant has not provided any credible proof of the respondent’s alleged violation of procurement laws and potential financial losses, as he did not conclusively prove illegality,’ the court said, ruling that KQ had a valid reason to terminate his employment.

Mr Okello had sought Sh161.7 million, including projected earnings over 22 years, pension contributions and travel benefits.

The court rejected the claims as speculative and lacking legal basis, warning against unjust enrichment.

Instead, it awarded him six months’ salary, amounting to Sh2.7 million, citing his long service and the procedural flaws in the dismissal.

Sportspersons in Kenya will gain control over the commercial use of their names, images and likenesses if Parliament approves a proposed law aimed at unlocking financial opportunities in the industry.

Analysts at law firm Bowmans say the Sports Bill, 2026, currently before the National Assembly, strengthens sportspersons’ rights by granting explicit commercial control over the use of their images in contracts and sponsorship deals.

‘Section 95 of the Bill introduces a substantive legal development by conferring on every sports person the right to control the commercial use of their name, image and likeness, and by prohibiting unauthorised exploitation without consent,’ the analysts said.

‘This provision does not merely restate existing practice; it creates a statutory right where none previously existed. In effect, it shifts the treatment of athlete image rights from a matter of private contractual arrangement to one of statutory recognition, with implications for enforceability, licensing and dispute resolution,’ they added.

Legal shift

Kenyan law currently does not recognise a standalone right over a sportsperson’s image. As a result, commercial use of names, likenesses or reputation has been protected indirectly through contract, trademark and copyright law, as well as the tort of passing off.

‘While functional, this approach has resulted in fragmented protection and uncertainty, particularly where athletes, clubs and federations assert competing or overlapping interests,’ the Bowmans team said in a note.

Kenyan sportspersons are globally recognised in disciplines such as athletics and rugby. A stronger push to commercialise their rights could improve financial outcomes, in line with global trends where sport is increasingly structured to generate revenue for sponsors and team owners.

The analysts said the Sports Bill, 2026, is likely to reshape sponsorship deals and media rights in the country.

‘The legal consequences are material. Endorsement and sponsorship arrangements will need to be structured with reference to a defined right, rather than inferred consent. Questions relating to ownership, control and permitted use, often a source of dispute, are likely to be assessed against a statutory standard,’ they said.

‘This is likely to affect how athlete agreements, sponsorship deals and media rights arrangements are negotiated and enforced,’ they added.

Commercial push

Section 96 of the Sports Bill, 2026, promotes the commercialisation of sport, including media rights, merchandising, event hosting and athlete branding.

‘While framed in broad terms, it signals a legislative intention to recognise sport as an economic sector in which rights can be systematically exploited,’ Bowmans said.

Section 97 provides the institutional framework to support this commercialisation. It requires commercial sports organisations to operate through recognised legal structures and obtain accreditation, while allowing the use of subsidiaries, special purpose vehicles and joint ventures to exploit commercial rights.

‘This creates a clearer legal basis for structuring ownership and licensing arrangements, including those relating to intellectual property,’ the analysts said.

A common yet treatable condition in men often goes unnoticed for years, quietly undermining the chances of pregnancy. Known as varicocele, it is one of the leading correctable causes of male infertility, according to Dr Naushad Karim, a consultant interventional radiologist at Aga Khan University Hospital.

What is varicocele?

To understand varicocele, Dr Karim explains that the testicles are positioned outside the body because sperm production requires a temperature slightly lower than normal body heat. Like any other organ, the testes receive blood through arteries and drain it through veins.

In varicocele, the valves within the veins malfunction. Instead of flowing back towards the heart, blood pools in the scrotum, causing the surrounding veins to enlarge.

The result, in more advanced cases, is a swelling that Dr Karim describes as resembling ‘a bag of worms’.

The pooling of blood raises the local temperature of the testicle. Even a modest increase can impair sperm quality.

‘Even when the count is normal,’ explains Dr Karim, ‘The quality of the sperm, particularly motility and the ability to achieve conception, may be significantly reduced.’

The condition can also suppress testosterone levels, leaving some men with unexplained fatigue, low energy and a gradual decline in sexual health. These symptoms are often misattributed to stress, work pressure or ageing.

Varicocele most commonly affects the left side due to anatomical differences. The left testicular vein drains into the renal vein at a near-right angle, creating greater resistance, while the right drains more directly into a larger vessel.

Silent burden

Varicocele does not announce itself dramatically. It exists on a spectrum, and in its milder stages, symptoms are easily dismissed.

There may be a dull ache deep in the scrotum that worsens after standing for long periods, lifting heavy objects or exercising. A man may notice a visible or palpable swelling in the shower but not mention it for months or even years. In some cases, there are no symptoms until a couple seeks help for infertility.

Dr Karim identifies three reasons the condition often goes undetected.

‘The symptoms are tolerable enough to be ignored. Men are less likely than women to seek medical attention, and there is a stigma, particularly when the subject touches on fertility. This makes men reluctant to discuss it even with a trusted doctor.’

This stigma, he says, is significant. In the emotionally charged context of infertility, men may feel isolated if they perceive themselves as the source of the problem, a burden rarely discussed openly.

While varicocele can occur at any age, it commonly develops in adolescence and is often identified in men in their 20s and 30s.

The condition also forces men to confront a deeply private aspect of their health, which can be difficult in a social context where masculinity and male identity remain sensitive subjects.

It is found in roughly 35 to 40 percent of men with primary infertility and up to 70 to 80 percent of those with secondary infertility, making it one of the most common and treatable causes of male infertility.

Varicocele does not resolve without treatment. There is no supplement, lifestyle change or watchful waiting that can reverse damage to the venous valves once they have failed.

However, the decision to treat is not always straightforward. Dr Karim says it depends on the individual case. Pain may justify intervention, as does a desire to improve fertility outcomes. Where neither applies, monitoring is a reasonable option.

‘Early detection and an open conversation with a doctor remain the most effective tools available,’ says Dr Karim.

Treatment options

Dr Karim says diagnosis is straightforward. A scrotal ultrasound, the same imaging used to rule out infections and other causes of discomfort, can confirm varicocele and determine its severity.

He recommends the test for any man with persistent scrotal discomfort, whether or not fertility is a concern.

Once confirmed, there are two treatment options. The traditional approach is surgery, which involves tying off the affected vein under general anaesthesia.

Varicocele embolisation, a newer approach, has become the preferred standard in Western Europe, North America and Australia, and is now available at Aga Khan University Hospital.

Embolisation is a non-surgical, permanent procedure performed on an outpatient basis while the patient is awake. A catheter is guided through a vein in the neck to the affected testicular vein, where tiny metal coils and a sealing agent permanently close it. There are no incisions, and patients can go home the same day.

The outcomes of both approaches are consistent. ‘Almost all patients report an improvement in their symptoms and in the quality of their sperm,’ says Dr Karim.

Whether this results in pregnancy depends on several factors, including the health of the female partner, timing and the nature of the couple’s infertility.

Cost barrier

What stands between many men and treatment is cost. Because the coils used are imported, embolisation costs between Sh800,000 and Sh1,000,000, beyond the reach of most families dealing with infertility. The procedure is not covered by the Social Health Authority (SHA).

Dr Karim receives two to three enquiries a week, but many do not progress beyond the initial consultation.

According to the World Health Organisation (WHO), varicocele affects about 10 to 15 percent of men worldwide but is significantly more common among those with infertility.

It is found in roughly 35 to 40 percent of men with primary infertility and up to 70 to 80 percent of those with secondary infertility, making it one of the most common and treatable causes of male infertility.

Varicocele does not resolve without treatment. There is no supplement, lifestyle change or watchful waiting that can reverse damage to the venous valves once they have failed.

However, the decision to treat is not always straightforward. Dr Karim says it depends on the individual case. Pain may justify intervention, as does a desire to improve fertility outcomes. Where neither applies, monitoring is a reasonable option.

‘Early detection and an open conversation with a doctor remain the most effective tools available,’ says Dr Karim.

The billing for Kenya’s electricity imports from Ethiopia nearly tripled to Sh8.68 billion (Birr 10.45 billion) in the year ended July 2025, signalling the country’s deepening reliance on power supply from Addis Ababa.

Disclosures from Ethiopia Electric Power (EEP) show this was a 187.8 percent increase from Sh3.01 billion (Birr 3.63 billion) the previous year.

Kenya has, in recent years, increased its reliance on Ethiopia to avert blackouts, importing 1,274.42 gigawatt-hours (GWh) in the year ended June 2025.

Kenya recorded six peak electricity demand instances last year, highlighting fast-growing demand driven by economic activity and increased household connections, with customers surpassing 10 million.

Power shift

A freeze on new power purchase agreements worsened Kenya’s generation challenges, forcing the country to rely more on Ethiopia to shore up supply and avert outages.

Without imports from Ethiopia, Kenya Power would likely have been forced to ration electricity more widely, especially during evening peak demand. Peak demand currently stands at 2,439MW, recorded on December 4, 2025.

Increased imports have made Ethiopia the third-largest source of electricity to Kenya Power, with a 9.88 percent share last year, behind Lake Turkana Wind Power (9.97 percent) and KenGen (57.49 percent).

‘Kenya’s spinning reserves (extra unused electricity) are currently below five percent, putting the country on the verge of potentially significant blackouts,’ Principal Secretary for Energy Alex Wachira recently told this publication.

Spinning reserves refer to backup power that is available and ready for rapid deployment during outages. The globally recommended range is between seven percent and 15 percent.

Kenya Power was barred from signing new power purchase agreements in 2018. The moratorium was intended to allow scrutiny of existing contracts blamed for high electricity costs.

However, the freeze – lifted in late 2025 – saw local generation lag behind rising demand, forcing rationing in some areas during evening peaks.

Kenya turned to Ethiopia to prevent a full-blown crisis. The two countries signed a deal in 2023, allowing Ethiopia to supply up to 200MW of relatively cheap power to the national grid.

Kenya pays $0.065 (Sh8.39) per kilowatt-hour, making Ethiopian power the second cheapest after locally produced hydro at Sh3.27 per unit.

Cheaper hydro imports have helped Kenya meet rising demand without significantly increasing consumer tariffs over the past three years.

Supply risk

However, growing dependence on Ethiopian electricity exposes Kenya to risks in the event of supply disruptions.

Kenya Power managing director Joseph Siror recently said the country could face a crisis if major hydropower plants in Ethiopia fail, highlighting the downside of this reliance.

‘My concern is that this is hydropower from these countries, and in a situation where there is serious drought, then they might be left in a position where they might be unable to meet this obligation (supplying electricity),’ Dr Siror said late last year.

Imported electricity has also reduced reliance on costly thermal power plants, particularly during peak demand. Thermal power costs an average of Sh35.09 per unit, making it the most expensive source in the national grid.

The imports have eased pressure on local generation, which has struggled to keep pace with rising demand.

Ethiopia’s contribution is expected to grow further, with imports set to double from the end of this year.

The agreement between EEP and Kenya Power allows imports to rise to 400MW from December, with a review of the unit price scheduled for next year.

Besides Ethiopia, Kenya also has power exchange agreements with Uganda and Tanzania, where the net importer pays the exporting country.

Kenya has largely remained a net importer and pays Uganda an average of $0.09 (Sh11.6) per kilowatt-hour.