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Key legal battles poised to shape Kenya’s 2027 elections
With exactly two years to the 2027 Presidential election, the Judiciary is handling legal disputes that could significantly shape the political landscape.
With exactly two years to the 2027 Presidential election, the Judiciary is handling a raft of legal disputes that could significantly shape the political landscape.
These cases have placed the Judiciary at the heart of the political contest—and as an indirect scorecard for President William Ruto—since some directly challenge his flagship programs such as the Hustler Fund and the social health insurance scheme.
Among the politically charged disputes are the impeachment of Deputy President Rigathi Gachagua, the legality of “empowerment fund” programmes driven by the President’s allies and National Assembly Speaker Moses Wetang’ula’s dual role as both Speaker and Ford Kenya party leader.
National Assembly Speaker Moses Wetang’ula during the Soy Constituency Women Empowerment Program held at Ziwa in Uasin Gishu County on June 27, 2025.
Observers believe the outcomes could heavily influence the 2027 polls.
One high-stakes case involves a push for a referendum to amend the Constitution to entrench the National Government Constituency Development Fund (NG-CDF), the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Fund (SOF) into law.
Five civil society groups—Katiba Institute, The Institute for Social Accountability, Centre for Enhancing Democracy & Good Governance, Transparency International-Kenya, and the Kenya Human Rights Commission—along with lawyer Paul Mwangi, rights advocates Suyuanka Lempaa, Peter Agoro, and John Wangai, argue that the Constitution of Kenya (Amendment) Bill, 2025 (National Assembly Bill No. 4 of 2025) unlawfully bypasses a referendum.
Although filed separately, the petitions share a key demand: that the court determine whether the Bill must be subjected to a national referendum before enactment.
“The creation of the Senate Oversight Fund to facilitate the Senate’s oversight roles would touch on functions of Parliament as contained in Article 255(1)(h) and (i) of the Constitution and the structure of devolved government. Hence, the Bill would need to be subjected to a referendum for approval,” argues lawyer Malidzo Nyawa for Katiba Institute.
The Bill is co-sponsored by MPs Samuel Chepkonga (Ainabkoi, UDA) and Otiende Amollo (Rarieda, ODM).
In Mr Gachagua’s case, the court is examining the constitutionality of his impeachment process—specifically, whether his right to a fair hearing and public participation was upheld in the National Assembly motion for his removal.
Given his political influence in Mt Kenya and beyond and his presidential ambitions, Mr Gachagua remains a central figure in the race to State House. Observers say the court’s decision—whichever way it goes—could sway significant voter blocs.
Legislative functions
"The Judiciary's role in impeachment matters was not to take over legislative functions but to ensure that such processes were conducted in a manner that respected constitutional norms and procedural fairness. It reinforced the idea that while the doctrine of separation of powers was crucial, it did not preclude judicial oversight when fundamental constitutional principles were at risk," the High Court ruled on October 31, 2024 while granting conservatory orders against the impeachment resolution, stated: Mr Gachagua and other petitioners argue that both Houses of Parliament violated his right to a fair hearing, failed to follow due process and denied him adequate time to prepare his defence.
Former Deputy President and DCP leader Rigathi Gachagua gestures during an interview with NTV at his Karen home in Nairobi on June 27, 2025.
The court will have to decide whether Parliament and the Senate adhered to constitutional standards of due process—issues that go to the heart of the rule of law and human rights.
In a related impeachment matter, the High Court will also determine a case filed by 13 rights activists and the Kenya Bora Tuitakayo Citizens Association seeking President Ruto’s removal through a public referendum.
They accuse him of incompetence, abuse of power and gross violation of the Constitution and want the court to order the electoral commission to conduct a vote on whether his five-year term should be cut short.
However, President Ruto’s legal team led by Senior Counsel Fred Ngatia argues the case is “fatally defective,” including for suing the President in his personal capacity contrary to Article 143(2) of the Constitution.
Mr Ngatia says the petition seeks to usurp constitutional powers reserved for the National Assembly in presidential impeachments.
"The proposed Petition is fatally incompetent for joinder of the President contrary to Article 143(2) of the Constitution," said Mr Ngatia.
The Judiciary is also handling a case targeting Speaker Wetang’ula’s dual role.
Rights activists want him to relinquish either his position as Speaker or as Ford Kenya leader, citing a February 7, 2025, court ruling declaring such dual roles unconstitutional.
That ruling also affirmed Azimio la Umoja–One Kenya Coalition as the majority party in Parliament with 171 MPs, against Kenya Kwanza’s 165. The activists, through lawyer Kibe Mungai, applied for an amendment of the court verdict to reflect that Mr Wetang'ula could not continue serving as Speaker so long as he remained Ford Kenya party leader.
The dispute is now at the Court of Appeal.
Another case concerns the Independent Electoral and Boundaries Commission’s (IEBC) decision to reject voter-initiated petitions to recall Members of Parliament.
Six voters, through lawyer Muriuki Muriungi, accuse IEBC of hiding behind an “artificial lacuna” in the law created by Parliament’s deliberate inaction, thereby suspending constitutional rights.
“This artificial controversy must be cured by the court urgently intervening as proposed by the Petitioners. The Petitioners urge the court to unlock this impasse by using the interpretation tools that are at its disposal,” argues Mr Muriungi
In matters of socio-economic policy, the courts are yet to decide on the legality of the Hustler Fund, with petitioners seeking declarations that its rollout was unconstitutional, orders for transparency on its financing, and accountability for funds disbursed.
They are also demanding for an account of all monies that have been disbursed ever since the kitty was launched, and a declaration that the Finance Cabinet Secretary breached his constitutional duties.
Similarly, two cases—one in the High Court and another in the Court of Appeal—are challenging President Ruto’s Universal Health Coverage laws: the Social Health Insurance Act, 2023, the Digital Health Care Act, 2023, and the Primary Health Care Act, 2023.
Petitioners say compulsory SHIF deductions from salaries violate the requirement for voluntary registration under section 27 of the Social Health Insurance Act.
The government’s industrial parks agenda has also hit legal headwinds.
Last month, the Environment and Land Court halted an Export Processing Zone project in Kiambu County, ruling that residents had not been consulted and raising environmental concerns over industrial waste near four water towers.
Justice Jacqueline Mogeni found the residents’ case had a high likelihood of success.
The courts are also scrutinising state actions during anti-government protests. The President and Interior CS Kipchumba Murkomen are facing petitions over alleged directives to shoot protesters—Dr Ruto for allegedly ordering police to shoot demonstrators in the legs and CS Murkomen for allegedly telling officers to fire on anyone approaching a police station.
Deputy President Kithure Kindiki during a women and boda boda riders empowerment programme at Sitotwo Primary School in Elgeyo Marakwet County on August 9, 2025.
Gospel artist Reuben Kigame has applied to privately prosecute top security officials, including the Interior CS, over the killing of civilians during the 2024–2025 Gen Z protests, accusing the DPP Renson Igonga of failing to act despite “overwhelming evidence.”
The courts are examining “empowerment fund” drives run by Deputy President Kithure Kindiki and other senior Kenya Kwanza leaders. Petitioners want the leaders, including Farouk Kibet, Prime Cabinet Secretary Musalia Mudavadi, Speaker Wetang’ula and Majority Leader Kimani Ichung’wah, compelled to account for the funds.
