A to Z of Kenya's criminal justice system for 2025

2025 was a turbulent year, with the courts at the centre of national contestation. From the aftermath of the Gen-Z protests—where youths were charged with terrorism—to police chiefs seeking to clear the service and themselves of murder allegations, the legal arena was constantly in motion. Supreme Court judges became litigants, while former Chief Justice Willy Mutunga and senior counsel Martha Karua sued the Tanzanian government over illegal detention and deportation.

Law Society of Kenya president Faith Odhiambo came under scrutiny for accepting an appointment to the panel compensating protest victims. Courts also issued landmark rulings on indigenous foods and tree protection, while Director of Public Prosecutions Renson Ingonga faced questions over the withdrawal of charges. This was the legal landscape of 2025, from start to finish.

A for abductions and Ants:

Following Gen-Z’s protests after the controversial Finance Act 2024, several cases emanated digging into how government operatives quelled the situation. One of the issues before the courts was referring cases to the International Criminal Court (ICC). Two human rights groups, Kituo cha Sheria and Mathare Social Justice Centre, in their joint case filed before High Court Judge Chacha Mwita, asked the court to direct that the abductions and enforced disappearances witnessed under the Kenya Kwanza government be investigated and prosecuted at the Hague-based ICC. The groups sued the Attorney General arguing that the Inspector General of Police had allegedly admitted that the police do not know who the abductors were and do not know the whereabouts of those abducted.  

B for Bolt:

Taxi ride-hailing company Bolt filed a lawsuit to challenge the move to introduce price caps and the change of licenses. The rules grant the National Transport and Safety Authority (NTSA) the power to regulate the industry. Bolt, in its case before High Court, lamented that fintechs in the transport sector are now required to apply for a license, and NTSA will now have the power to cap how much ride-hailing companies get from each trip. The Estonia-based company argued that the regulations require all industry companies to share data on drivers and passengers and ensure their insurance.  

C for Central Bank:

The Central Bank of Kenya (CBK) intensified its crackdown on hidden charges in the pricing of loans with a landmark proposal that for the first time, compels mobile lenders to transparently outline all borrowing costs or face penalties. This came as local lenders moved to court to lock out the National Treasury from having a say in how they price their loans.  In their case filed before the High Court in Nairobi under the aegis of the Kenya Bankers Association (KBA), the 38 commercial banks and eight microfinance banks asked the court to declare Section 44 of the Banking Act unconstitutional. The lenders asserted that the banking industry is regulated by the Central Bank of Kenya (CBK), which is autonomous from Treasury. They also argued that they do not need the Cabinet Secretary’s prior approval to increase the interest charged on loans. 

D for Director of Public Prosecution:

The Director of Public Prosecutions, Renson Ingonga found himself in the eye of a storm over withdrawal of graft cases. Differences between his office and the Ethics and Anti-corruption Commission would spill in court in the graft case against former Migori governor Okoth Obado. The plea-bargaining deal between the DPP, Obado and 10 others stalled after the EACC claimed it was not involved. The DPP argued that the commission was involved in the meetings but declined to sign the final document. At its appearance before Parliament, EACC accused DPP of allegedly withdrawing 13 graft cases.

E for EACC:

Well, the court this year held that when the Ethics and Anti-Corruption Commission (EACC) issues a damning report against you, consider your goose cooked. This is the finding of Anti-Corruption High Court Judge Benjamin Musyoki, who said that once EACC decides to pursue a person or issues an adverse report, no one, including the President, has the power to interfere or overturn the decision. According to Justice Musyoki, only the courts can intervene, emphasising that the anti-graft body is an independent entity which should not be controlled or interfered with by external forces. It was in a case where the appointment of former Murang’a governor Mwangi wa Iria was challenged on the basis that he had been impeached by the County Assembly. Justice Musyoki noted that, if he agreed with Kiroko Ndegwa that all persons with graft allegations should be barred from office, it would only take a complaint for anyone seeking a government job to be disqualified. The judge ruled that it would be unfair to indict a person before they are found guilty by a court of law and have exhausted the appeal process.

F for Faith Odhiambo:

Faith Mony Odhiambo, the outgoing President of Law Society of Kenya, had made a name and reputation by relentlessly helping out in filing cases to free those who had been abducted, arguing for bail for those who had been taken to court and securing free release for children who had also been charged following Gen-Z protests. However, her decision to accept President William Ruto’s appointment to a panel on compensation of protest victims got her criticized. She eventually, in October, crumbled under pressure and resigned. 

G for governors and Gerishon Kirima:

There is always a first in everything. 2025 was the year that a governor, albeit a former one, ended up in prison while others got free. Former Kiambu governor Ferdinand Waititu was a guest of the State as a prisoner after being jailed for 12 years, with an option of paying a Sh53 million fine. On the flip side, former Samburu governor Moses Lenolkulal, who had been jailed by the magistrate’s court for eight years, was acquitted by the High Court. In the meantime, former governor Kawira Mwangaza saw darkness after the High Court affirmed the decision by the Senate to kick her out. Kawira had survived a previous impeachment but 2025 marked the end of her Meru County rule. In the meantime, the High Court eventually settled a long standing fight for former Starehe MP Gerishon Kirima’s billions. For 14 years, Kirima’s family was a Tower of babel. His death in 2010 lifted the lid on deep-seated differences between his widow and step-children, igniting a fierce battle for control of his vast estate. 

H for hackers:

Technology has helped judges dispense justice through computers. However, in February, hackers decided to grind to a halt the hearing of the post-poll chaos sexual violence case with lewd images. The unknown hacker jolted the court, advocates and journalists with jaw-dropping images during a hearing of a battle pitting the government and the 2007-2008 post-election sexual violence victims. Justices Daniel Musinga, Francis Tuiyott and George Odunga were keenly listening to the submissions by lawyers from the rival sides when porn images emerged out of the blue. Justice Musinga, the court’s President, expressed disgust at the distressful and inappropriate images displayed. He said that it was disturbing and unsettling for the person behind the attack to do the unthinkable while the court was dealing with a sexual violence case. The session abruptly ended, after which the court decided that only lawyers had access to the new link.

I for the Independent Electoral and Boundaries Commission (IEBC):

The IEBC got new commissioners this year. However, the Ethekon Edung-led team did not get to their offices without a fight before the court. And just before they embarked on their new jobs, the Supreme Court rejected the commission’s plea to be allowed to conduct the long-overdue boundaries review and delimitation. Attorney General Dorcas Oduor asked the apex court to dismiss the advisory as it had been filed by the IEBC’s CEO, Marjan Hussein Marjan, without the full commission.  

J for Judiciary:

The Judiciary had its fair share of issues and activities. The loss of the Court of Appeal judge Fred Andago Ochieng and  Supreme Court judge Mohamed Ibrahim was a major blow to an institution that is already struggling with manpower. It has 6979 staff out of the required 10,870. However, the issue of Judiciary funding has been consistent over the years. Chief Justice Martha Koome who spoke during the National Council on Administration of Justice (NCAJ) report launch, said underfunding is a major challenge in the justice sector, emphasising the need for better infrastructure to ensure access to justice. The Judiciary got at least Sh22 billion from the exchequer against the Sh44.9 billion required allocation. 

K for Kenya Kwanza government:

2025 was a litmus test for what Kenya Kwanza had for the country. However, many of its decisions revolving around how and why it collects money as taxes and contributions featured heavily in courts. In September, lawyers Ashioya Biko and Jateso Peter Imwatok, in their case filed before the High Court sued the Treasury Cabinet Secretary, claiming that the government’s decision to use roads maintenance levy funds as a collateral for a loan from the African Development Bank, Trade and Development Bank and United Bank for Africa was illegal. The lawyers claimed that Sh175 billion being borrowed was not budgeted for. 

L for Labour Court and Lipton Tea:

2025 has been a busy year in the labour sector. However, of the many issues that have gone before the Labour Court, one stands out. Justice Stephen Radido ruled that employers cannot slash money awarded to their employees by the court to pay Social Health Insurance Fund (SHIF) and Housing Levy. He said that it amounts to unfair labour practice for employers to subject court awards to contributions for the government’s social schemes. According to him, the window for such deductions closes when an employee leaves employment. He ordered Fourth Generation Capital Limited, a neo bank, to refund Sh1.02 million it had slashed from its former employee, Alexander John Frank. At the same time, the court affirmed the sacking of an international tea firm’s manager over sexual misconduct. 

M for Members of Parliament and Moses Wetangula:

For the last 15 years, Members of Parliament and politicians have hopped from one rally to another spewing hate, insults and animosity but go unpunished. This might be a thing of the past if the High Court agrees with the Law Society of Kenya (LSK) that MPs need some kind of ethics rules providing for punishment to tame their tongues. According to LSK, the commission ought to have come up with a code of conduct for sitting MPs or anyone who seeks an elective seat in the country to ensure decorum and decency in politics. However, LSK stated that in the 15 years that the commission has been in existence, it has failed to come up with rules that will bind MPs, including sanctions such as recall for failure to comply. 

N for National Land Commission and National Cereals and Produce Board.

The High Court declared sections of the law passed to limit the timelines for the National Lands Commission (NLC) to consider historical land injustices unconstitutional. Parliament had imposed five years within which the commission ought to determine disputes relating to public land. However, Justice Chacha Mwita said that the move was illegal as Parliament had no powers to limit the mandate set by the Constitution for NLC. In the meantime, the Court of Appeal re-opened the Sh1 billion maize saga centred around Sirisia MP John Waluke and his former business partner Judy Wakhungu with the National Cereals and Produce Board (NCPB). In their judgment, Justices Gatembu Kairu and Aggrey Muchelule unanimously agreed that there was need for the High Court to hear NCPB and EACC claim that the documents used to award Erad Supplies and General Contractors Ltd millions of shillings from the public coffers were allegedly forged. 

O for Okoth Obado:

Former Migori governor Okoth Obado found himself in between the fight between EACC and the DPP over the  Sh505 million corruption case. He had agreed to settle the issue by surrendering some of his assets. It led to a Tower of Babel session that had the DPP and the EACC pointing accusing fingers at each other over the fate of the governor and his co-accused. Obado was in the dock alongside his four children Dan Achola, Scarlet Susan, Jerry Zachary and Evelyne Odhiambo and businessman Jared Oluoch Kwaga, his wife Christine Ochola, brothers Joram Opala and Patroba Ochanda and sister-in-law Carolyne Ochola where they faced 25 counts of graft charges.

P for Parliament and Pheroze Nowrojee:

The Attorney General revealed that 50 laws passed by Parliament had been declared unconstitutional, while 60 others were obsolete. This put Parliament in focus over the huge number of laws declared illegal. In the meantime, senior lawyer Pheroze Nowrojee breathed his last this year. Nowrojee, who was a teacher, an avid writer and a human rights defender, passed on at the age of 84 on April 5, 2025. The death marked the end of a monumental chapter of Kenya’s legal and democratic history. 

Q for Question:

Are you happy with the justice sector and its players? From the police to judges and magistrates, and the lawyers and prosecutors who represent your case?

R for Robert Purkiss:

The identity of the UK soldier who is alleged to have killed Agnes Wanjiru was finally revealed this year. After the murder, the soldier was flown out of the country as the family sought justice in courts. When Wanjiru was killed in 2012, her daughter was barely five months old. The now 13-year-old perhaps knows about her mother only from the many stories written about the elusive justice for her, with the British soldier at the heart of it. Even with an incessant push for the prosecution of the man who was whisked away after the saga, his image, his name, his rank, why he was flown out to Britain after the incident, and the snail-paced process remained a secret. 

S for Supreme Court

Judges can also be litigants. This is after the Supreme Court judges moved to the High Court seeking to block the Judicial Service Commission (JSC) from hearing a petition to remove all of them from office. At the same time, Justice Isaac Lenaola sued former President Uhuru Kenyatta’s cousin and lawyer Nelson Havi, accusing them of defamation.  

T for Traffic offences:

The number of traffic offences reported by the police has reduced over time. This year, there were 111 reported cases, which is lower than last year’s 124 and a reduction from 2021’s 174 cases. 

U for Uganda:

Uganda’s opposition leader Kizza Besigye and his aide Hajj Obeid Litale sued the Kenyan government, alleging illegal repatriation in July this year.  In their case filed before the High Court, the two argued that Kenya’s security agencies violated the law and the extradition agreement between the two neighbouring countries by handing them to Ugandan security agents. Besigye and Obed are facing charges of alleged possession of a gun in Nairobi before a Court Martial in Uganda. 

V for Violence against the vulnerable:

In August this year, the Court of Appeal faulted the government for failing to acknowledge and publicly apologize to the victims of the 2007-2008 election chaos who suffered Sexual and Gender Based Violence (SGBV). Justices Daniel Musinga, Francis Tuiyott and George Odunga said that the State cannot run away from its obligations, which include protection and reparation, adding that it can be held liable for omissions or commissions during unrest.  

W for Work, Worship and Willy Mutunga:

Between time with God and work, what takes precedent? The dilemma of what should happen started right at Kenya’s military barracks. Polycarp Miyogo, a Seventh Day Adventist, was detained for 42 days as punishment and subsequently kicked out for alleged defiance of orders by a superior to work on a Sabbath. His bosses insisted that he worked in a critical institution and ought to have been aware that he could be called to serve the country any day, any time. On the other hand, Miyogo was of the view that his employer was all aware that he had a day to commune with God, and nothing would make him work unless there was an emergency, such as war. Meanwhile former Chief Justice Willy Mutunga, alongside senior lawyer Martha Karua sued Tanzania after they were deported while going to observe opposition leader Tundu Lisu’s trial. 

X for Christmas:

As we celebrate Christmas, we must put our minds around common Christmas crimes. They include burglaries, car break-ins, shoplifting and shopping mall thefts. Also, there are those caught in drunken driving, fighting and domestic violence. 

Y for Year:

In all estimation, 2025 was a year that was hard for everyone, but the men and women who keep the wheels of justice moving did their best to make Kenya better. There were mistakes here and there, condemnations, and cursing, but we are closing the year alive. 

Z for zoning:

As we close the year, we are mindful of the environment. In September, the Court of Appeal gave Nairobi County six months to address the chaotic and unregulated urban development by coming up with a comprehensive zoning and development control plan for the whole city. Justices Daniel Musinga, Joel Ngugi and George Odunga said that if the current state of affairs of rushing for skies without proper sewer, playing grounds, planning for traffic and water, Nairobians will eventually pay for it dearly.