Kenya Judiciary Academy

As we celebrate Labour Day, what better time to reflect on emerging labour jurisprudence in the last decade. Kenyan courts have spoken vigorously, and developed the law on several labour issues such as: pleasure doctrine, constructive dismissal, sexual harassment, equal pay for equal work, limits of diplomatic immunity, human trafficking, reasonable accommodation over ill health, protection against personal responsibility of an employee, among others. We highlight a few this weekend. Happy Labour Day🇰🇪 The Bench Speaks⚖️ PLEASURE DOCTRINE* ‘The court holds that the idea of servants of the crown is substituted with the doctrine of servants of the people under the new Republic as nurtured in the Constitution of Kenya, 2010. The hierarchy of state and public officers can be complex, detailed and conceivably very long vertically and horizontally but despite the rank or position held, the court holds that they are each a servant of the people and not of each other as state or public officers...’ *Narok County Government & another v Birir & another [2015] KECA* @Kenyajudiciary @COTU_K @FKEKenya @jsckenya @NCAJ_KE @KMJA_KENYA

The Bench Speaks ⚖️ Post-expiry possession with rent acceptance creates a periodic tenancy—not a 99-year title, but lawful possession with property rights. The land does not automatically revert once 99-year lease expires; the lessee remains protected until a proper legal process (like forfeiture) is concluded. Kiambu Club Limited v Kiambu County Government & 2 others (Petition E002 of 2024) [2026] KEELC 2283 (KLR) @Kenyajudiciary @jsckenya @NCAJ_KE @lawsocietykenya

The Bench Speaks ⚖️ Kenya’s Court of Appeal sets out a relocation framework for when a parent wants to move a child out of jurisdiction or disrupt existing parenting arrangements. Civil Appeal No E223 of 2024 JKP Vs KSC @Kenyajudiciary @KMJA @jsckenya @LawsocietyofKe @NCAJ_Ke

Justice Hannah Okwengu was a prodigious judge. Her 42-year-long judicial career, 13 of them as a Court of Appeal judge, was marked by integrity, diligence, and firmness. At a Farewell Luncheon held in her honour by the CoA on Friday, she was presented with a 6-volume (1,255 Cases) Compendium of some of her Decisions. Below is a link to the impressive jurisprudential legacy of Justice Okwengu @Kenyajudiciary @KMJA_KENYA 🔗drive.google.com/file/d/1T_-Ww8…

42 years of excellence in judicial service. The President of the Court of Appeal, Justice Daniel Musinga, presenting a 6-volume Compendium of Decisions of Justice Hannah Okwengu at the CoA Farewell Luncheon held in her honor. Justice Okwengu retires after 42 years of service rising from a District Magistrate II to Judge of the Court of Appeal. @Kenyajudiciary @jsckenya @lawsocietykenya @KMJA_KENYA

FIDA-Kenya Chairperson, @wakilickungu, will be a panelist discussing Workplace Sexual Harassment tomorrow (24/4/2026) at @uonbi towers from 3 pm during the book launch of "The Law of Workplace Sexual Harassment in Kenya." See poster for details.

THE JUDICIARY SMALL CLAIMS COURT STANDING COMMITTEE The Judiciary Small Claims Court Standing Committee has scheduled Public Participation to gather views on the proposed amendments to the Small Claims Court Act. The sessions will be held tomorrow, Friday, 24th April, 2026, in the following regions: Coast Region at Mombasa, Western Region at Kisumu and Eastern Region at Embu. Virtual links for online participation in all the regions are provided below: Coast (starting 9am) Short URL: shorturl.at/y8IOe Long URL: teams.microsoft.com/meet/327257790… Embu (starting 2pm) Short URL: shorturl.at/gUNzi Kisumu (starting 9am) Long URL: teams.microsoft.com/meet/346903556… The proposed Bill, Rules, and Advocates Remuneration Order are available in the link provided below. drive.google.com/drive/mobile/f… We invite your participation. Written memoranda may be sent to sccstandingcommittee@court.go.ke no later than Friday, 1st May 2026. @jsckenya @Kenyajudiciary @lawsocietykenya @NCAJ_KE

Partnerships that drive justice forward 🤝 The Academy brought together Helen Knipe & Baldeep Dogra @UKinKenya with Hon. Justice James Wakiaga and Hon. Gideon Oenga for a strategic dialogue on strengthening justice delivery #JudicialCollaboration #RuleofLaw #JusticeInAction @Kenyajudiciary @jsckenya @NCAJ_KE @lawsocietykenya @KMJA_KENYA

Advocate Ms. Lucy Minayo making a presentation based on this Paper, which gives emerging and divergent judicial perspectives on the criminalization of adolescence, offering comparative analysis from various jurisdictions, and calling for a review of the Sexual Offences Act @rhnkorg @PackardFdn @hivos @IPPFAR @jsckenya @Kenyajudiciary @KELINKenya @lawsocietykenya

This week, RHNK in partnership with @KJA_Kenya, we are convening a Regional Dialogue on Consent & Adolescent #SRHR that is bringing together judges from across Africa, legal experts, SRH healthcare providers and young people to confront one of the most complex barriers to adolescent health: consent requirements. This conversation, opened with remarks delivered by Commissioner Duncan Okello on behalf of Hon. Justice (Dr.) Smokin Wanjala, Supreme Court Judge and Director General of @KJA_Kenya, set the tone for a critical and timely conversation. There is a shared recognition that while laws are designed to protect adolescents, they can also unintentionally limit access to essential sexual and reproductive health services, especially when legal, medical and ethical considerations are not aligned. A powerful reflection from one of the judges yesterday captured the weight of this moment: ‘If we had had this conversation earlier, I would have handled some cases differently.’ This alone emphasizes a gap, and opportunity. In yesterday’s sessions, we looked at emerging evidence, shared country experiences and reflected on the realities faced both in courtrooms and in healthcare settings. A recurring issue was that we need to move beyond siloed approaches. There is a growing call to integrate legal, medical, ethical and social perspectives in judicial decision-making, ensuring that rulings not only uphold the law, but also respond to the lived realities of adolescents seeking care. Importantly, the discussions also highlighted that consent is not just a legal requirement, it is foundational to #selfcare and autonomy in SRHR. As self-care approaches expand, ensuring adolescents can make informed and supported decisions becomes even more important We also openly shared the challenges they face: - Navigating unclear or conflicting legal frameworks - Balancing protection with access addressing provider hesitation mainly caused by legal uncertainty We believe these candid conversations are strengthening how justice is delivered and how young people experience health systems. Today, we are shifting to practical interpretation, case-based learning and actionable recommendations, including how courts can interpret consent laws in ways that protect adolescents while enabling access to care. At @rhnkorg we are strengthening equitable and resilient health systems by connecting partners for alignment across sectors, empowering communities and supporting locally led solutions that improve access to healthcare and long-term community resilience. #RHNKImpact #RHNK4SRHR

KJA in partnership with @rhnkorg, is holding a 6-Country Regional Dialogue on Parental Consent for Adolescents to Access Sexual and Reproductive Health Services. A draft Reference Manual on the issue is under review for validation. Judges, Medical Practitioners, and Lawyers from Zambia, Malawi, South Africa, Tanzania, Uganda, and Kenya are participating @PackardFdn @hivos @IPPFAR @jsckenya @Kenyajudiciary @KELINKenya

A judge is a judge is a judge, whether old fogy or young …all are bound by law and the facts. An old judge brings experience; a young judge brings learning. Congratulations on your appointment. KJA looks forward to your Induction @jsckenya @lawsocietykenya @lawsocietykenya @KMJA_KENYA @NCAJ_KE @Kenyajudiciary

The Bench Speaks⚖️ Supreme Court's Stay Jurisdiction on Court of Appeal Decisions ‘This Court’s jurisdiction to grant stay orders is confined to decrees or orders of the Court of Appeal, or to further proceedings before that Court, as provided under Article 163(4) (a) and (b) of the Constitution…’ Supreme Court of Kenya Kenya Railways Corporation v Bilal & 14 others (Petition (Application) E023 of 2025) @2026-01-30" target="_blank" rel="nofollow noopener">new.kenyalaw.org/akn/ke/judgmen… @lawsocietykenya @jsckenya @KMJA_KENYA @Kenyajudiciary