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Dear Briefers,
Welcome to the third edition of The Waswa Brief, a weekly digest spotlighting legal and policy developments shaping Kenya, East Africa, and the continent. Every week we break down whatâs changing, why it matters, and where the law is headed next. This edition covers:-
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
đľ TikTok Deletes 590,000 Kenyan Videos
TikTok has been busy cleaning house. Between April and June 2025, the app deleted more than 590,000 videos from Kenya for breaking its community guidelines. Think hate speech, misinformation, and adult content. The twist is that nearly 93% were removed before anyone saw them, thanks to automation. Thatâs efficiency, but also a reminder that AI now decides what we can (and canât) see. Kenya ranked among the top African countries for takedowns, proving that content moderation isnât just a Western problem; itâs everyoneâs digital drama.
⥠Counterfeit Case Puts Spotlight on E-Commerce
Havells India has sued a Kenyan trader and Jiji Online Marketplace over counterfeit electrical goods. A temporary injunction favors Havells, signaling that consumer safety isnât negotiable. With around 20% of online products in Kenya estimated as fake, platforms now face a legal spotlight. The case will test whether Jiji knew about the infringements and if vigilance will finally go digital. The ruling is a reminder that online marketplaces are more than just virtual bazaars. They can be liable for every dodgy cable and rogue socket.
 đĽď¸ Senate Defends Big Tech, Workers Say âNot So Fastâ
The Senate wants the High Court to toss out a petition challenging a bill that could give Big Tech immunity from prosecution in Kenya. The petition, filed by 36 tech workers, targets a clause that shifts liability from companies like Meta to their local outsourcing partners. The Senate says the case is premature since the bill isnât law yet. Petitioners argue itâs a setup for exploitation and weakens worker protection. If passed, Kenya might become the first country where tech giants get diplomatic-style immunity, minus the cool passports.
đ Liquid Telecom Fined KSh 700K for Privacy Breach
Liquid Telecom got hit with a KSh700,000 fine for recording a Zoom meeting with its former CTO without consent. The Data Protection Commissioner ruled that retaining and sharing the recording violated the Data Protection Act. Apparently, minutes or notes could have sufficed, but someone preferred video surveillance. This landmark ruling reminds corporations that even digital boardrooms are subject to the same laws as physical ones. Remote work convenience doesnât come with a free pass on privacy obligations.
TAX & FINANCE
đ° Saccos Escape KSh 8.8 Billion Bob Bullet, But the Math Still Matters
The High Court struck down a The Sacco Societies Regulatory Authority (SASRA) directive that would have forced SACCOs to write off billions tied up in Kenya Union of Savings & Credit Co-operatives Ltd (KUSCCO) after the 2025 scandal. The judges ruled that the regulator overstepped, but accounting rules like IFRS 9 still hold; so no creative math or âhiding losses under the rug.â SACCOs dodge immediate balance-sheet chaos, yet the court made it clear that transparency is non-negotiable. Regulatorsâ eyes remain fixed, and the message is very clear: straighten your books, own your numbers, and skip the excuses.
EMPLOYMENT & LABOUR
đŚ Court Halts Speedaf Layoffs Pending Union Case
The Employment and Labour Relations Court in Nairobi has slammed the legal brakes on Speedaf Logisticsâ mass layoffs, following a union challenge. The Communication Workers Union accuses the company of dressing up targeted job cuts as ârestructuring,â while Speedaf insists itâs just about fewer lost parcels and leaner operations. Employees can breathe a temporary sigh of relief, though suspense lingers: will this pause last or will the plot thicken at the full hearing? One thing is certain - unions flexing their muscles can turn logistics into a courtroom thriller, and managers are learning that âefficiencyâ sometimes comes with a side of legal drama.
đŤ Skip the Manual, Not the Consequences
A Kisumu manager crossed the line by harassing a pregnant cleaner and tried to wiggle out by claiming the office had no formal sexual harassment policy. The court slammed that excuse, making it clear that professional conduct and respect arenât optional, policy or not. Even without a handbook, the law enforces accountability, proving that workplace misconduct carries consequences regardless of missing paperwork. The judgment sets a strong precedent: bosses canât hide behind blank manuals, and entitlement ends where the law begins. Simply put, the HR department can be on holiday, but justice never clocks out.
TRADE & INVESTMENT
đĽ Agritech Startup Raises KSh 194M to Fight Food Waste
Kenyaâs food waste warriors just bagged fresh funding. Agritech startup Farm to Feed has raised KSh 194 million to scale its platform connecting farmers with buyers for âimperfectâ produce. The funding round was led by Delta40, with big names like Mercy Corps Ventures on board. Since 2021, theyâve rescued over two million kilos of food from going to waste. The new cash will fuel expansion across Kenya and beyond. Proof that ugly carrots can build a beautiful business model.
đ° CMA Eyes Listing of Crypto Firms on NSE
The Capital Markets Authority is chatting with big crypto players about going public on the Nairobi Securities Exchange. Yep! virtual asset firms could soon have Kenyan shareholders. This follows Kenyaâs new Virtual Asset Service Providers Act 2025, which finally gives crypto businesses a legal home. CMAâs pitch? Letâs make Nairobi Africaâs digital finance hub. If it works, Kenyans might soon say they âown shares in Bitcoinâ, legally this time.
đ Europeâs ESG Rules Tighten, Kenya Feels the Heat
Europeâs new supply chain rules are turning up the heat on Kenyan exporters. Under the EUâs deforestation and due diligence laws, firms must now prove their tea, coffee, and flowers arenât linked to deforested land or risk losing access to the lucrative EU market. Itâs a compliance nightmare for smallholders but a chance for those who adapt to shine. The Kenyan government is aligning standards and pushing tech-driven traceability. The bottom line? Go green or go home.
INFRASTRUCTURE & CONSTRUCTION
đ¸ Climate Insurance Now Pays in 10 Days
Kenyaâs draft Insurance (Index Insurance) Regulations 2025 are shaking up climate coverage, promising payouts within 10 days of a triggering event, down from the sluggish 90-day wait. The IRA will pre-approve products, vet the independent agents, and fine insurers up to KSh1 million if they drag their feet. Farmers and pastoralists facing droughts, floods, or just unpredictable weather can now hope to get cash while their crops and patience are still intact. This move turns climate insurance from a bureaucratic lottery into a real shield against Mother Natureâs mood swings, proving that sometimes the law can actually beat the rain to the punch.
LAND & REAL ESTATE
đ TelPosta Pension to Sell 64 Properties
TelPosta Pension Scheme is offloading 64 properties nationwide after its real estate holdings ballooned to 82% of total assets, nearly three times the legal 30% cap. The excess left the fund cash-strapped, struggling to pay retirees on time. The sale includes 16 flats, 34 bungalows, and 14 vacant plots across Nairobi, Naivasha, Nyeri, Nanyuki, Kericho, Karatina, and Isiolo. Most properties date back to the KPTC restructuring in the 1990s. Before the December 1, 2025 tender deadline, the government could move to acquire strategic assets such as Telposta Towers using cash or Treasury bonds
đł Likoni Residents Seek Contempt Charges Against Taifa Gas Directors
Likoni residents want Taifa Gas Investmentsâ directors jailed for up to six months for allegedly defying court orders halting a Sh16 billion LPG terminus project. The petition highlights environmental concerns including pollution, traffic, insecurity, and destruction of indigenous trees. Even billion-shilling projects, it seems, canât bulldoze past court orders. The case is a reminder that legal accountability still matters, and sometimes communities will make sure the law is heard loud and clear, before the asphalt does all the talking.
âď¸ Ex-Ministerâs Widow Hits a Legal Snag in KSh17B Land Saga
Margaret Wairimu Magugu, widow of former Finance Minister Arthur Magugu, ran into a legal wall while chasing an 82-acre Muthaiga North parcel valued at KSh 17 billion. The High Court bounced her petition, insisting land disputes belong in the Environment and Land Court. Ms. Magugu can appeal, but for now, even billions canât skip the paperwork. She claims Karura Investments Limited grabbed the land through shady transfers and double-booked survey numbers back in 1993. Past rulings and competing claims make the plot twist thicker than Nairobi traffic at rush hour. She has also called on the DCI and President Ruto to step in, proving that in Kenyaâs land battles, you need patience, persistence, and maybe a stiff cup of coffee.
COMPETITION
đĄ CAK Approves French Investment in Atlas Tower Kenya
The Competition Authority has given French investor Stoa the green light to buy a 31% stake in Atlas Tower Kenya. No conditions attached. Atlas Tower, which already runs over 450 telecom towers, says the new funds will expand coverage and boost clean energy adoption through solar-powered sites. Itâs another example of how Kenyaâs telecom space is becoming more infrastructure-driven as mobile operators offload tower ownership. For once, âforeign interferenceâ might actually mean stronger signals.
CONSUMER PROTECTION
đ Cleanshelf Learns That Dignity Isnât on Sale
A court just reminded retailers that dignity is not optional. Cleanshelf Supermarket must now pay a shopper KSh 500,000 after staff publicly searched her for a âmissingâ shampoo bottle, and found nothing. The High Court ruled the search violated her rights to privacy and dignity, especially since Cleanshelfâs own policy demands private searches. The shopper wanted KSh 4 million, but the judge said, âletâs tone it down.â Still, the verdict sets a clear warning: suspicion isnât a free pass to humiliation. Retailers, maybe skip the public drama next time?
DEBT & INSOLVENCY
đŚ Old Mutual Wins a Pause in Insolvency Case
Old Mutual has bought itself some breathing room. The Court of Appeal paused liquidation proceedings filed by shareholder Joel Kibe, who accused the firm of mismanagement and oppressive practices. Judges agreed the noise around insolvency could spark a run on the insurer, so they hit pause while the appeal continues. The High Courtâs earlier order freezing KSh 500 million from a property sale has also been suspended. Old Mutual says itâs business as usual, well, for now. If corporate drama paid dividends, this one would be a blue-chip.
đ° Tujuâs Sh4.5B Loan Revival Blocked
Former CS Raphael Tujuâs attempt to reopen a Sh4.5 billion loan dispute with the East African Development Bank hit a legal dead end. Justice Mongâare dismissed the application, citing res judicata and sub judice, noting prior decisions and lack of fresh evidence. Tuju sought to challenge a previous UK judgment tied to a Karen property project, but the court made it clear: âBeen there, done that.â Debt recovery, including potential property auctions, can proceed, leaving Tujuâs comeback attempt as dead as yesterdayâs court filing. Some battles, it seems, are truly unrevivable.
đĽ Mediheal Hospital Fails to Block Property Auction
Mediheal Hospital and Fertility Centre failed to secure a High Court injunction to halt the auction of its properties over a Sh701 million debt owed to the Bank of India (Kenya). The Eldoret court found that the hospital and its director, Swarup Ranjan Mishra, did not demonstrate they had been improperly served with statutory notices or faced irreparable harm. The ruling reinforces that financial disputes must follow established repayment procedures rather than legal stoppages. This follows a June 2024 case where property from Medihealâs Nakuru branch was seized to recover Sh40 million in unpaid staff salaries, underscoring the importance of timely compliance with financial obligations.
PUBLIC POLICY & HUMAN RIGHTS
đď¸ Petition Challenges Privatization Act, 2025
Eliud Karanja Matindi, a Kenyan living in the UK, has filed a petition seeking to quash the Privatization Act, 2025, arguing it breaches the Constitution on multiple fronts. Matindi contends the Act bypassed required Senate involvement and risks diverting proceeds from privatizations into debt servicing rather than public benefit. He also raises concerns about transferring public assets, including land, into private hands, potentially depriving future generations of equitable use. Additional criticisms highlight weak oversight, lack of explicit Auditor General involvement, and broad executive control over the Privatization Authority. This challenge adds to ongoing scrutiny of Kenyaâs privatization framework, which faced a similar court setback in 2023 over insufficient public consultation.
đď¸ What Happens When Denied Entry in a Country Club?
Donald Kipkorir, long-time guest at Muthaiga Country Club, got an unexpected âno entryâ in August 2024 despite decades of visits. The club blamed a past social media comment and claimed internal rules were off-limits to legal scrutiny. The High Court didnât buy it. Justice Chacha Mwita ruled the club acted arbitrarily and humiliated Kipkorir, violating his constitutional right to human dignity. While the court dismissed racial discrimination claims, it still handed Kipkorir KSh 1 million in damages. The club has 30 days to appeal, leaving Kipkorir, and perhaps the clubâs security guards, eminded that discretion has limits and human dignity doesnât come with a membership card.
UNTIL NEXT TIME
Stay curious, stay inspired, and keep questioning everything. Catch you next Tuesday!
 The Waswa Brief | Valarie Waswa & Co. Advocates
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