A slate of high-stakes legal battles before courts across the country is set to shape politics, governance and rights in 2026.
A slate of high-stakes legal battles before courts across the country is set to shape politics, governance and rights in 2026.
These disputes cut across criminal justice, constitutional freedoms, public policy, employment law, digital rights and state power.
Each carries profound implications for the rule of law and the manner in which the state will exercise authority in the coming years.
The cases span police recruitment, the housing levy, national health insurance reforms, Rigathi Gachagua’s impeachment, IMEI registration, the privatisation of state corporations, parliamentary leadership and public–private partnerships in major infrastructure projects.
The outcomes of many of these disputes will not only affect the litigants but also influence public policy, institutional power and constitutional interpretation.
1. Police recruitment: NPSC vs Inspector-General of Police
One of the most contentious matters is the police recruitment dispute. In 2025, the Employment and Labour Relations Court ruled that the National Police Service Commission (NPSC) had no constitutional authority to recruit police constables.
Recruits in a parade during a past pass-out ceremony at Kenya Police College Kiganjo.
The Law Society of Kenya and the NPSC lodged an appeal seeking to overturn this decision.
According to the appellants, the labour relations judge erred in concluding that police recruitment, training, and deployment are functions exclusively of the National Police Service under the independent command of the Inspector-General of Police.
The NPSC insists that while the Inspector-General exercises operational command, the Commission holds exclusive authority over human resource functions, including recruitment.
The Commission argues that the Constitution creates a unified employment structure within the National Police Service, with the Inspector-General and NPSC playing complementary roles—operational and administrative.
Additionally, the Commission contends that recruitment conducted without regulations lacked transparency, fairness, and constitutional safeguards. The Court of Appeal is set to rule on an application seeking to reverse the recruitment on February 27, 2026.
The outcome will determine who legally controls the hiring of thousands of police officers and clarify the balance between the Commission and the National Police Service under Articles 243–246 of the Constitution.
2. Gachagua impeachment, Kindiki appointment
Another politically charged case is the impeachment challenge involving former Deputy President Rigathi Gachagua.
Democracy for the Citizens Party (DCP) leader and former Deputy President Rigathi Gachagua.
The consolidated petitions challenge elements of Mr Gachagua’s impeachment process, including whether the public was properly involved and whether he was granted a fair hearing.
The High Court is set to begin hearing another petition in January 2026 challenging the appointment of Prof Kithure Kindiki to replace Mr Gachagua.
The petitioner contends that Mr Gachagua’s impeachment process was fundamentally flawed and that Prof Kindiki’s subsequent appointment lacked transparency and proper constitutional safeguards.
The petition raises multiple legal arguments, including allegations that the National Assembly approved him without conducting mandatory vetting, allowing public participation, or obtaining an essential eligibility letter from the electoral commission.
These procedural deficiencies, the petitioner argues, rendered the November 1, 2024, swearing-in ceremony a “sham.”
3. Cybercrimes law: State vs bloggers
In the realm of communication and free speech, the Bloggers Association of Kenya (BAKE) appeal against provisions of the Computer Misuse and Cybercrimes Act is set to be a landmark case.
Fraudsters exploit weaknesses in verification systems to register SIM cards, acquire loans and event sell property.
The Court of Appeal has scheduled judgment for February 27, 2026. BAKE argues that provisions on “false information” and “cyber harassment” are vague and violate constitutional free speech protections. The decision could reshape digital governance and the limits of online expression in Kenya.
4. Obado trial for Sharon Otieno death
In criminal justice, the 2018 murder trial of former Migori Governor Okoth Obado in the death of Sharon Otieno remains a case to watch.
The case is pending the conclusion of the defence hearing. In early 2025, the High Court ruled that Mr Obado and his co-accused, Michael Juma Oyamo and Casper Ojwang Obiero, have a case to answer over the murder of the Rongo University student.
Former Migori Governor Okoth Obado at Milimani Law Courts in Nairobi on July 9, 2024.
The accused have consistently denied involvement, with witness testimony centring on key factual issues, including statements from former aides and Mr Obado’s personal denial of culpability. The trial’s conclusion and eventual verdict will be among Kenya’s most closely watched criminal judgments.
5. Jowie’s appeal
Still in criminal court, the appeal by Joseph Kuria Irungu, alias Jowie, continues to draw attention. Convicted for the 2018 murder of businesswoman Monicah Nyawira, Irungu’s fight to overturn his death sentence will be closely monitored.
Joseph Irungu alias Jowie at the High Court in Nairobi on March 13, 2024 where he was handed a death sentence for the murder of businesswoman Monica Kimani at Lamuria Garden apartment on September 19, 2018.
6. Agnes Wanjiru murder: Extradition of ex-British soldier
Another high-profile case is the 2012 murder of Agnes Wanjiru and the extradition effort involving former British soldier Robert Purkiss.
The Nairobi High Court issued an arrest warrant against the suspect in November 2025, and he was subsequently arrested in the United Kingdom. Proceedings are ongoing in a UK court regarding his extradition to face Kenyan justice.
7. Senior Counsel selection storm
The courts will also consider a petition challenging the list of Senior Counsel appointments. Lawyer Allen Gichuhi filed a petition arguing that the recent list of 54 advocates included individuals with questionable professional records, undermining the integrity of legal profession credentials.
From left: Moses Wetangula, Ruth Anyango Aura, Koki Muli, Noordin Haji, Nelson Havi, Nancy Karigithu and Elisha Ongoya.
His challenge has raised concerns about transparency and governance in conferring the prestigious Senior Counsel title. The matter is pending hearing and reflects broader debates over self-regulation within the legal profession.
8. Employment law
Kenya’s labour and employment sector is not without its own courtroom drama. Beyond the police recruitment dispute, cases concerning workplace reforms and employment rights will continue to be adjudicated.
These include challenges to labour policy changes and statutory interpretations affecting collective bargaining and worker protections. While many such cases do not attract significant public attention, their cumulative effect in 2026 will shape employer-employee relations and workplace rights.
9. Housing levy
Fiscal policy and taxation disputes are also on the horizon. Petitions against the Housing Levy—a compulsory 1.5 percent tax on gross earnings intended to fund housing initiatives—are due for consideration by an expanded Court of Appeal bench.
Petitioners argue that the levy is discriminatory and unconstitutional because it mandates contributions without guaranteed benefits and excludes informal sector workers.
President William Ruto. The fresh push to reinstate a 16 per cent value-added tax on petroleum products as well as introduce a housing levy have exposed President Ruto, some of his Cabinet Secretaries and lawmakers holding key positions in the majority side as masters of doublespeak.
The High Court upheld the levy in 2024, ruling it a legitimate housing policy with adequate public participation. However, the appeal will test constitutional limits on taxation and equal protection.
10. Majority battle in Parliament and Wetang’ula’s Ford Kenya party leadership
Governance and constitutional interpretation cases remain pivotal. An ongoing dispute over majority status in the National Assembly saw the High Court overturn a declaration by the Speaker that Kenya Kwanza was the Majority Party, finding instead that the then-opposition coalition, Azimio la Umoja One Kenya, had more MPs.
Members of the National Assembly during a sitting on June 7, 2023. Salaried Kenyans are now bracing for lower take-home pay effective July, following the endorsement of the proposed Housing Levy deduction by Members of Parliament on Wednesday night.
The judgment also highlighted conflicts of interest where the Speaker simultaneously leads a political party. Appeals in this matter remain active and are expected to define parliamentary leadership norms within coalition politics.
The outcome will also determine whether the Speaker of the National Assembly can concurrently serve as a political party leader—a dual role the High Court previously declared unconstitutional.
11. SHIF deductions
In the health sector, multiple petitions have challenged the implementation of the Social Health Insurance Fund (SHIF) and associated legislation, arguing that the laws were enacted without proper public participation.
These cases also contest mandatory deductions from workers’ pay for SHIF, with petitioners raising concerns about discrimination and double jeopardy, as workers must still pay additional fees for medical care despite the monthly deductions.
The High Court declared the Social Health Insurance Act, the Primary Health Care Act, and the Digital Health Act unconstitutional for lack of public participation, but the Court of Appeal temporarily suspended the decision. The upcoming rulings could reshape health financing and public procurement standards.
12. Phone privacy
Privacy and data protection issues are also before the courts in the IMEI mobile phone registration case.
The Communications Authority has appealed a High Court decision that quashed a directive requiring mobile device importers to submit IMEI numbers to the Kenya Revenue Authority.
Privacy advocates argue that IMEI identifiers linked to individual usage constitute personal data, pitting state revenue protection against data privacy rights.
13. Privatisation Act
Challenges to the Privatisation Act of 2025 also loom large. Petitioners argue that the law grants excessive powers to the Treasury, undermines parliamentary oversight, and could lead to the offloading of strategic public assets without due accountability.
Some contend that privatising public land contravenes constitutional protections. The court’s ruling will signal how economic policy and constitutional safeguards interact. On Friday, Busia Senator Okiya Omtatah filed yet another case challenging the Act, this time targeting the planned sale of the Kenya Pipeline Company.
14. Public-private partnerships
Finally, infrastructure and public-private partnership disputes, such as the challenge to tolling on the Rironi–Mau Summit highway, will be heard in 2026.
Motorist groups argue that tolls amount to double taxation without a free alternative, while questions persist about public fund investments through bodies such as the National Social Security Fund in commercial infrastructure.
Across security, civil liberties, economic policy, governance, and criminal law, these cases share common themes.
They interrogate constitutional mandates, the separation of powers, public participation in policymaking, and accountability.
As one senior lawyer observed, “The courts will not only interpret the law but ultimately mould the balance between state power and individual rights.” In 2026, Kenya’s judiciary will be at the centre of these debates, with decisions resonating far beyond the courtroom doors.
