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Dear Briefers,
Welcome to the fifth 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 what’s changing, why it matters, and where the law is headed next. This edition covers:-
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
😎 Smiling for Free? Court Says No
Cyrus Mwaniki left Moja Expressway in November 2022. A year later, he noticed his face still appearing in the company’s social media promos for their electronic toll service. He filed a complaint with the Data Protection Commissioner, and the High Court sided with him. The court ruled that once employment ends, companies must get fresh, explicit consent to use a former employee’s image. Moja Expressway must pay Sh500,000, and the responsibility to prove consent rests squarely on the employer.
📲 Meta to Block Aussie Teens
Meta is making Australian users under 18 verify their age before accessing Facebook or Instagram. Miss the December 10 deadline, and accounts get blocked until verification is done. Options include uploading ID, a video selfie, or using an age-estimation system. Parents and teens are scrambling, tech news sites are buzzing, and Meta promises this is all to keep the apps age-appropriate. Meanwhile, teenagers are plotting clever ways around the system, and lawyers are quietly watching to see if anyone pushes back. Verification chaos meets social media drama.
🛒 Kenya Sets Up E-Commerce Regulator
Kenya plans a dedicated e-commerce regulation unit within the Communications Authority. The new framework will require all online marketplaces and platforms to register with the authority. Regulators will monitor consumer protection, data privacy, fair competition, and online fraud. The move aims to bring clarity to Kenya’s fast-growing digital markets, attract investment, and curb counterfeit goods. Businesses must follow updates closely once the policy becomes law.
💼 Vodacom Eyes More Safaricom
South Africa’s Vodacom is in talks to increase its stake in Safaricom, which the Kenyan government partially owns. If successful, Vodacom could get majority control over East Africa’s top mobile and financial services company. No deals are finalized yet, but analysts see this as a big strategic move. Kenyan officials are weighing revenue needs against national control, while investors are quietly calculating what this means for shares and dividends. Telecom watchers have popcorn ready, and everyone is waiting to see whether Vodacom consolidates its power or keeps talking. Big stakes, bigger headlines.
💻 Co-op Bank Wins Fintech Patent Case
Co-operative Bank of Kenya successfully defended itself in court against Intestyl Technologies, which claimed the bank misused its real estate payment tech. The High Court agreed that Intestyl’s system was too dependent on the bank’s existing infrastructure to count as a stand-alone invention. Intestyl sought KSh 216.5 million in damages but got nowhere. The ruling confirms that using existing tech infrastructure does not automatically create new intellectual property. Co-op Bank can continue offering its landlord payment solutions without worry.
TAX & FINANCE
📶 Safaricom Gets Big Bond Boost
Safaricom got the green light from Capital Markets Authority to borrow KSh 40 billion through a corporate bond, the largest in Kenya’s history. The money will expand 4G and 5G networks in Kenya and Ethiopia. They launched the first tranche on November 25 to raise KSh 15 billion at a fixed 10.4% interest rate, with a KSh 5 billion greenshoe option. Investors can join online or via USSD. The plan is ambitious, and telecom watchers are all eyes. Safaricom fans are hopeful, while competitors are quietly updating their spreadsheets. Big upgrades and bigger stakes ahead.
💸 Small Claims Court Frees KSh 21 Billion
Kenya’s Small Claims Court has returned over KSh 21 billion to the economy since 2021 by resolving disputes fast. Traders, farmers, and micro-business owners can get their money back instead of waiting years. Filing fees range from KSh 200 to KSh 1,000, and most cases finish in about 37 days. By cutting red tape, the court is speeding up commerce and making justice less scary. Lawyers have less backlog, business owners breathe easier, and everyone enjoys seeing cash flow instead of court queues. It’s small claims, big relief.
💰 NCBA Loses Stamp Duty Battle
NCBA Group failed to suspend a High Court ruling forcing them to pay KSh 384.5 million in stamp duty for the 2019 NIC-CBA merger. The court ruled the original tax waiver mainly served private interests, not the public. NCBA argued that paying now could hurt their appeal, but the High Court rejected this. The Kenya Revenue Authority can now enforce the payment unless the Court of Appeal intervenes. The case has sparked debate over corporate tax exemptions and could push the government to tighten rules on ad-hoc reliefs.
PUBLIC POLICY & HUMAN RIGHTS
🌍 Future Ambassadors Must Be Diplomats
Kenya’s proposed Foreign Service (Amendment) Bill 2025 wants at least 70 percent of future ambassadors to be career diplomats. The remaining 30 percent could be political appointees with relevant experience. Proponents argue this will professionalize foreign service and cut political patronage. Opponents say the law could interfere with the President’s constitutional power to appoint ambassadors. The National Assembly committee is reviewing submissions from the Attorney General and other key stakeholders. Public debate continues as Kenya looks to make diplomatic appointments more merit-based.
🦁 Court Issues Gag Order on Maasai Elder Over Luxury Lodge Dispute
On 19th November, 2025 Kenyan Environment and Land Court at Nairobi has issued a gag order against Maasai elder and activist Dr. Meitamei Olol Dapash. The order was in response to an application by lawyers representing Marriott International and the developers of a luxury safari lodge in the Maasai Mara. The gag order prohibits Dr. Dapash from publicly discussing the lawsuit or alleged violations related to the Ritz-Carlton-linked development. The case involves claims that the lodge development threatens wildlife migration routes and infringes upon Maasai customary land rights.
🧩 Autism Management Bill Introduced
Senator Karen Nyamu introduced the Autism Management Bill 2025 to the Kenyan Senate. The Bill focuses on diagnosis, therapy, education, and employment support for people with autism. It builds on the Persons with Disabilities Act and seeks to provide services, awareness, and caregiver support. The Bill will go through Senate committee review, public participation, and further readings before possible presidential assent.
🏪 Kisumu County Plans Market Makeover
Kisumu County is inviting the public to weigh in on its new Trade and Markets Management Policy 2025 and the County Markets Management Bill 2025. The goal is to bring order, fix long-standing management headaches, and get Kibuye Wholesale and Retail market running smoother. The plans include better coordination among departments, clear rules to stop market chaos, modern infrastructure like shades and toilets, and fair stall allocations to keep middlemen in check. As of November 2025, residents and traders can give their input before the County Assembly debates and approves the final versions.
🔋 TotalEnergies in Hot Water
TotalEnergies is facing allegations in France for being complicit with Mozambican soldiers accused of torturing and killing around 200 men at its gas project in 2021. The company insists it knew nothing while investigators in Mozambique and France dig through documents and testimonies. TotalEnergies wants to restart its $20 billion LNG project by 2029, all while trying to keep the drama contained. Critics say corporate accountability cannot be outsourced. Meanwhile, human rights groups are watching every move closely, making this one of those “don’t blink or you’ll miss it” cases.
💰 Isiolo County Budget Blocked
The High Court struck down Isiolo County’s KSh 7.3 billion budget for 2025/26, saying public participation was basically a pretend show. Officials now have three months to redo the budget properly, following constitutional rules. The court temporarily released KSh 2.24 billion so essential services like salaries and healthcare don’t grind to a halt. County staff and citizens now get a crash course in what “real” public participation looks like. Politicians are grumbling, staff are busy recalculating, and everyone else is trying not to spill their coffee while reading the ruling.
📜 Ruto Signs Three Key Laws
On November 21, 2025, President William Ruto signed three new laws that shake up how government and finance work. The Government Owned Enterprises Act turns state-owned entities into public limited companies and makes their duties and funding more transparent. The Capital Markets (Amendment) Act modernizes rules for brokers and investors, removing some limits to attract more money into the markets. Finally, the Provisional Collection of Taxes and Duties Repeal Act scraps old rules on provisional taxes and duties. Together, the laws aim to make public enterprises and financial markets run smoother and more efficiently. Let’s see how that goes.
TRADE & INVESTMENT
💻 Rwanda Exports Digital Justice to Jamaica
A big win for Rwanda as it lands a $4.6 million contract to export its Integrated Electronic Case Management System to Jamaica. The system will handle case filing, tracking, and management, boosting efficiency and transparency in Jamaica’s courts. Rwanda’s success shows its growing edge in digital justice solutions and positions it as a leader in e-governance technology exports.
INFRASTRUCTURE & CONSTRUCTION
⛽ Kenya, Uganda to Co-Own Pipeline
Kenya and Uganda agreed that Uganda will acquire a significant stake in the Kenya Pipeline Company once it is partially privatized. The plan is part of a regional integration strategy and will allow citizens and public entities in both countries to invest. Pipeline extensions to Rwanda and DRC are also planned. Some politicians question national security and privatization risks, but the government highlights regional energy security and trade benefits.
EMPLOYMENT & LABOUR
💉 Hospital vs Ex-CEO: KSh 208 Million Showdown
The Nairobi Hospital got a temporary court break in its KSh 208 million tussle with ex-CEO Dr. Allan Pamba. The court made them pay KSh 9 million immediately and stash KSh 27 million in a joint account while they appeal. Dr. Pamba says he got the boot six months into a three-year contract because of board drama over multi-million shilling tenders. The court found the firing messy and unfair.
LAND & REAL ESTATE
🌳 Kakuzi Fights for Murang’a Land
Kakuzi is pushing back against the NLC order to hand over 3,200 acres in Murang’a to local communities. The company claims its avocado, tea, and macadamia operations rely heavily on the land. Activists, however, are cheering, saying it’s time ancestral land gets back to the people. Kakuzi is using all legal options to hold its ground while the community gears up for a battle of lawyers and letters. Meanwhile, everyone’s waiting to see if courts side with big business or historical justice. The drama is unfolding like a slow-motion courtroom thriller.
TRANSPORT & LOGISTICS
🚍 Matatus Get a Stay
The High Court blocked EPRA and Nairobi County from evicting matatus from petrol station pickup points in the CBD. Operators, some running from these spots since the 1980s, say there’s no alternative. The court gave them a temporary reprieve and told all parties to meet within seven days to figure it out. Commuters breathe easier, and operators can keep making fares without chaos. Negotiations are set to resume by December 1 2025, leaving everyone guessing whether the matatus stay or relocate. Meanwhile, city traffic planners are sharpening pencils for some serious problem-solving.
DEBT & INSOLVENCY
🏛️ Businessman Challenges Judges Over Thika Coffee Farm Auction
Businessman Kung'u Muigai and his companies are taking eight judges and the Judicial Service Commission to court over a 443-acre coffee farm in Thika. The farm was auctioned back in 2007 for Sh70 million even though its 2024 valuation was over Sh3 billion. Kung'u says the auction relied on a fake 1992 consent decree and calls it a case of judicial mischief. The judges and JSC deny everything and call the claims nonsense. The case is now fast-tracked under a certificate of urgency, with a three-judge bench set to dig into these wild constitutional questions on November 26, 2025.
🏦 Equity Bank Gets Takeover Greenlight
Equity Bank can now take over Nes Poly Pack over a Sh193 million debt. The High Court blocked the firm’s directors from meddling with bank-appointed administrators. The move allows administrators to manage assets and resolve debts without interference. Employees, creditors, and investors are all watching closely. Directors who tried to move goods around now have no say. Meanwhile, lawyers are sharpening arguments, and the bank gets a chance to clean up the mess. Business and legal drama collide, but this time with clear court approval on who calls the shots.
🏢 Court Upholds Cytonn Liquidation
Kenya’s Court of Appeal rejected all 18 Cytonn appeals, confirming the liquidation of Cytonn High Yield Solutions and Project Notes. The ruling allows the Official Receiver to recover over KSh 11 billion from investors by selling related real estate assets like The Alma, RiverRun, Kilimani Apartments, and Taraji Heights. Investors’ money went into unregulated schemes without proper oversight, which the court likened to fraud. The court also blocked one director from resigning to keep her involved in tracing funds. The liquidation process moves ahead to pay creditors according to insolvency law.
ANT-MONEY LAUNDERING
🏢 ARA Goes After Mathe wa Ngara’s Assets
The Assets Recovery Agency is targeting properties linked to Nancy Indoveria Kigunzu, aka Mathe wa Ngara. The agency wants an apartment block, three cars, and multiple land parcels in Kiambu, Vihiga, and Kakamega counties permanently forfeited. Authorities say these were bought with money from narcotics trafficking. Court orders already froze the assets to stop transfers or sales while the case is ongoing. ARA claims Kigunzu used associates to hide ownership and launder funds. The High Court will now decide if the government can take over these properties.
UNTIL NEXT TIME…
Stay curious, stay inspired, and keep questioning everything. Catch you next week!
The Waswa Brief | Valarie Waswa & Co. Advocates
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