Katiba Institute- KI Official

21/08/2026

FGM, Criminalisation and the Rights of Survivors:

For women and girls in communities where Female Ge***al Mutilation (FGM) remains deeply entrenched, the decision to undergo the practice does not always arise from genuine choice. Social exclusion, stigma, poverty, limited access to education, and pressure to marry and gain community acceptance can leave them with few practical alternatives.

Yet, after undergoing FGM in these circumstances, survivors face further harm, including arrest, detention, ge***al medical examinations and prosecution.

The petition arose after the arrest and prosecution of the 2nd - 6th petitioners under sections 20 and 24 of the Prohibition of Female Ge***al Mutilation Act. It challenges the State's enforcement of these sections by arresting, detaining and prosecuting survivors of FGM and raises a fundamental question about how the justice system should respond to women and girls who are themselves victims of a harmful practice.

Ruling:https://katibainstitute.org/wp-content/uploads/2026/08/FGM-Narok-Case-Ruling-for-Empanelment.pdf

20/08/2026

Court Declares Withdrawal of Justice Mugambi’s Security Unconstitutional:

The disarming and withdrawal of Justice Lawrence Mugambi’s security was not merely a matter of operational discretion but a constitutional breach, underscoring the imperative that even administrative decisions relating to the deployment of state resources must adhere to the principles of fairness, transparency, and accountability.

The Court further finds that the Inspector General of Police and the Head of Judicial Police Unit weaponised the deployment of powers to punish a judge for rendering an adverse decision against the Inspector General of Police, whose actions were in breach of public trust and amounted to gross abuse of office. In addition, it is clear that when the police security of judges who handle cases against the state is withdrawn arbitrarily, it puts pressure on and intimidates judges, making it harder for them to decide cases fairly and independently.

This kind of interference risks ultimately influencing and threatening the independence and integrity of the judiciary. Based on the foregoing and to prevent such future occurrences, the court ought to grant relief that requires institutional consultation. This is because the judiciary's security cannot depend on the unrestrained power of the Inspector General of Police. Any decision that alters or reduces the security profile of a judge or judicial officers in a case may require prior consultation with the judicial service commission, the constitutional body mandated to oversee judicial independence under Article 171.

As a result, the Court finds and declares the following:

The Petition dated 17/9/24 is merited and allowed under the following terms and relief:

1. A declaration is hereby issued that the decision of the IGP and Head of Judicial Police Unit action of disarming and withdrawing the personal security details of Justice Mugambi violates Articles 10, 19, 20, 21,27, 47, 73,159,160, 244 and 245 of the Constitution.

2. A declaration is hereby issued that the IGP and Head of Judicial Police Unit action of disarming and withdrawing the personal security details of Justice Mugambi was in violation of Articles 10, 19, 20, 21,27, 47, 73,159,160, 244 and 245 of the Constitution.

3. A declaration is issued that the IGP and Head of Judicial Police Unit action of withdrawing the personal security details of Justice Mugambi is unconstitutional and invalid under Article 244 of the Constitution.

4. An order of prohibition is hereby issued prohibiting the IGP and the Head of the Judiciary Police Unit from withdrawing and disarming security details of a judge without prior consultation with the Judicial Service Commission.

Each party to bear their own cost of the petition.

Joshua Malidzo Nyawa

Katiba Institute, represented by Joshua Malidzo Nyawa , appeared before Milimani High Court for a mention of the case challenging the withdrawal of the security detail assigned to Hon. Justice Lawrence Mugambi, following his finding that the then Acting Inspector General, Gilbert Masengeli, was in contempt of court for failing to comply with court orders.

On 23 August 2024, the judge ordered habeas corpus for Bob Njagi, Jamil Longton, and Salam Longton. After repeated non-compliance, the IG was found guilty. The petition argues that the withdrawal of the judge’s security undermined judicial independence.

The Court is set to deliver the judgment on 20 August 2026.

19/08/2026

Growing Awareness and Progress in Access to Information Implementation:

One of the positive developments emerging strongly from the access to information project is the growing understanding among key stakeholders, including citizens and public officials, of the importance of the Access to Information law and their respective roles in implementing it.

Notably, there has also been significant progress in the proactive disclosure of information by the Nairobi, Nakuru, and Samburu County Governments.

Ombudsman Kenya, Royal Norwegian Embassy in Nairobi
MIDRIFT HURINET United North Organization-Samburu County

18/08/2026

Looking back on the project’s journey, we took stock of its progress against its objectives and reviewed the key interventions and achievements across the three counties.

Participants highlighted increased citizen participation; reduced fear among citizens when requesting information; stronger relationships among CSOs, public officers, the media, and communities; and greater ownership by public officers of their responsibility to provide information as outcomes beyond the anticipated results.

One notable reflection is how ATI bridges gaps and fosters peace by bringing different actors together around a shared goal, creating spaces for increased understanding and collaboration.

Ombudsman Kenya, Royal Norwegian Embassy in Nairobi, Media Council of Kenya, MIDRIFT HURINET, United North Organization-Samburu County

18/08/2026

Three Years of Progress, Learning and Collective Action in Advancing Access to Information:

For the past three years, we have worked alongside communities, county governments, civil society organisations and journalists to strengthen access to information, transparency and accountable governance.

As the Access to Information project comes to an end, we are convening stakeholders from Nairobi, Nakuru and Samburu Counties for a joint reflection meeting to take stock of the journey and, importantly, look beyond the project period.

The meeting provides a platform to reflect on progress, compare experiences and challenges across the three counties, share lessons from implementation, and explore practical ways to sustain the gains achieved.

Royal Norwegian Embassy in Nairobi, Ombudsman Kenya, MIDRIFT HURINET, United North Organization-Samburu County, Media Council of Kenya,

17/08/2026

Election date: How misinterpreting one word caused huge confusion https://the-star.co.ke/siasa/2026-08-15-ghai-election-date-how-misinterpreting-one-word-caused-huge-confusion

The Star, Kenya

The task of interpretation of any law is to decide what was intended.

15/08/2026

Don't just report what leaders say; report what citizens need to know.

"Journalists are not merely observers of devolution. They are an essential link between citizens, public institutions and accountability. The quality of county governance reporting can influence whether citizens understand their rights, question public decisions, access information and participate meaningfully in governance."

Kevin M Mabonga speaking during a presentation on Media Ethics and Professional Standards in Governance Reporting.

15/08/2026

Supporting evidence-based reporting on devolution and governance:

A well-informed media is essential to promoting constitutionalism, accountable governance and meaningful democratic participation.

Recognising the critical role journalists play in informing citizens and shaping public discourse, we brought together journalists from Bungoma, Vihiga and Kakamega counties for a focused engagement on reporting on governance and devolution.

The engagement provides an opportunity to strengthen journalists’ understanding of key constitutional and governance issues and to encourage reporting rooted in evidence, accountability and the public interest.

13/08/2026

What is the link between access to information and meaningful public participation?

Our Head of Programs Patriciah Joseph engages participants on the important connection between the right of access to information and meaningful public participation. She highlights key considerations when providing information, including the need to ensure that it is clear, accessible and simplified for different audiences.

The discussion also looks at the channels used to disseminate information. If information is only published on a government website, for instance, will it reach everyone who needs it? Meaningful participation requires information to be shared through channels that are accessible to and usable by all members of the community.

13/08/2026

Katiba Institute's Beth Odek guiding participants through an understanding of devolution, starting with Article 1 of the Constitution, which establishes the two levels of government: national and county governments. She further looks at Article 6 which highlights the two central pillars of intergovernmental relations: distinctiveness and interdependence.

She then moves to Article 174, highlighting the objects of devolution, including promoting democratic and accountable exercise of power, enhancing public participation, and bringing services closer to communities.

The session then breaks down the functions of the national and county governments, drawing on Article 186 read together with the Fourth Schedule, which sets out the respective functions and responsibilities of each level of government.