Succession Law and Gender Equality
On 19 June 2025, the High Court in Nairobi struck down a section of the Law of Succession Act that discriminated against widowers. Section 29(c) had required a husband to prove that he depended on his late wife before inheriting her estate. Justice Mugambi ruled that this violated the Constitution’s guarantee of equality under Article 27 and fairness in marriage under Article 45(3). The section is now void. The judge also directed Parliament to amend the law to remove the inequality. No costs were awarded since this was a public interest case. This ruling strengthens equality in succession law by putting men and women on the same footing when inheritance disputes arise!
Human Rights Commission Petition Dismissed
On 24 February 2025, in Kenya Human Rights Commission and others v Attorney General, Justice Chacha Mwita dismissed a constitutional petition for being inadmissible. The ruling signaled the court’s strict approach in ensuring that only well-founded petitions on rights and constitutional issues proceed. This decision underlines the need for clarity and substance when bringing constitutional litigation.
Protest Rights Protected
In May 2025, the High Court declared a 2024 ban on protests in Nairobi’s Central Business District unconstitutional. Justice Bahati Mwamuye held that the ban violated Article 37 of the Constitution, which protects the right to assemble, demonstrate, and picket. The court directed the police to observe transparency by ensuring officers are in uniform and identifiable when managing assemblies. The court also awarded damages of 2.2 million shillings to protesters who had been unlawfully arrested. This judgment reaffirms the right to protest and sets rules to prevent abuse of power during demonstrations.
Reproductive Health Policy under Challenge
On 4 July 2025, the High Court postponed its ruling in a case challenging Kenya’s National Reproductive Health Policy 2022 to 2032. The petitioners argued that the policy was introduced without proper public participation and that it violated health rights under Article 43(1)(a). The matter was first moved to 25 July and later to 30 September 2025 for a full judgment. The outcome of this case is expected to clarify how far public participation must go in health, law, and policymaking.
Rendition of Nnamdi Kanu Declared Unlawful
In a significant cross-border human rights ruling, Justice Chacha Mwita found that the rendition of Nigerian separatist leader Nnamdi Kanu from Kenya in 2021 was unlawful. The court held that his capture and transfer without due process violated constitutional rights, including freedom from torture and the right to legal representation. The judgment stressed that Kenya must respect due process in extradition and cannot allow its territory to be used for forced renditions. This case also highlighted Kenya’s obligations under international law to prevent torture and ensure fair trial rights.
What These Decisions Mean for You
The rulings show that Kenyan courts are actively shaping constitutional and human rights protections. They confirm that equality in family law is a constitutional demand, that freedom of assembly cannot be suspended by executive orders, that health policies must be anchored on public participation and that state actions must respect due process in both domestic and cross-border matters.
Sources
- High Court judgment by Justice L. N. Mugambi on 19 June 2025, striking down Section 29(c) of the Law of Succession Act
- High Court judgment by Justice E. C. Mwita on 24 February 2025 in Kenya Human Rights Commission v Attorney General
- High Court ruling in May 2025 declaring the Nairobi protest ban unconstitutional
- Petition on Kenya’s National Reproductive Health Policy 2022–2032 deferred in July 2025
- High Court ruling on Nnamdi Kanu’s rendition by Justice E. C. Mwita
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