Happy new month by the way!

Welcome to the sixth 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:-

Meta told the EU’s top court that the Commission ordered sweeping, intrusive document searches in long-running antitrust probes. Lawyers argued the volume and sensitivity of the material went beyond necessity and risked privacy harms, while EU lawyers countered that the requests follow normal investigative practice. The dispute now sits with the EU Court of Justice, which will weigh proportionality against enforcement needs. The case reads like a tug of war between regulators and platform giants over how far competition authorities may probe digital businesses without trespassing on personal privacy or procedural fairness.

Apple faces fresh litigation alleging its devices contain minerals linked to conflict and rights abuses in eastern Congo. Plaintiffs say supply chains for tin, tantalum, tungsten and cobalt still tie back to areas that fund armed groups. Apple rejects the claims and points to supplier audits and stepped up recycling of materials. The suits span the US and parts of Europe and raise thorny questions about traceability in global electronics supply chains. The litigation will test how far courts demand corporate disclosure and oversight where minerals, human rights and tech manufacturing collide.

The High Court has ruled that media station Kenya Broadcasting Corporation violated employees’ privacy by deploying a facial recognition attendance system without consent, consultation, or a mandatory Data Protection Impact Assessment. Justice Roselyne Aburili ordered the broadcaster to delete all collected biometric data under the supervision of the Data Protection Commissioner. The court held that processing such sensitive information without safeguards breached Article 31 of the Kenyan Constitution which protects the right to privacy, and restrained KBC from reinstating the system until it complies fully with data protection laws.

The Court of Appeal in Kenya has halted proceedings in Moses Wetangula’s defamation case against the BBC to allow a determination on whether the broadcaster can obtain evidence from British American Tobacco in the United Kingdom. The court found the request arguable and held that continuing without the evidence risked undermining the BBC’s right to a fair hearing. The stay prevents the High Court from concluding the decade-long dispute until the appellate issue is resolved.

🧾 Palm Oil Duty Struck Down
A High Court in Kenya found that the government introduced a 10 percent duty on crude palm oil without proper public participation and parliamentary approval. The judge nullified the levy, reversing earlier price jumps that hit household budgets. Soap makers and bakers might breathe easier as input costs ease. The ruling also sends a message about process: tax measures must follow constitutional procedures. Lawmakers and treasury officials will now face pressure to design tax changes with transparent consultation to avoid more judicial reversals and the policy whiplash consumers loathe.

📑 KRA Wins KSh 773M Tax Fight
The High Court upheld Kenya Revenue Authority assessments in a “missing trader” case, restoring a KSh 773 million liability against a construction firm. The court accepted KRA’s view that the company could not prove the reality of input transactions and could not justify large unexplained deposits. The decision tightens the standard for VAT claims and reinforces the responsibility on taxpayers to prove genuine supply chains. Firms should treat this as a reminder to maintain airtight documentation or risk heavy adjustments and reputational fallout in tax audits.

Nairobi City County is aiming for KSh 60 billion in annual revenue following the implementation of the National Rating Act 2024. The law expands the definition of a rateable owner, strengthens enforcement against defaulters, and mandates modern digital valuation systems. City Hall currently collects rates from only 50,000 of the 250,000 properties in Nairobi. Revised rates will take effect on 1 January 2026 as the county moves to frequent five-year valuations and regularizes unauthorized developments to widen its revenue base.

A Kenyan High Court ruling struck down parts of the Seed and Plant Varieties Act that criminalised saving and sharing of indigenous seeds. The judgment restores farmers’ customary rights to save, exchange and sell local seed varieties and frames those practices as essential to food security and biodiversity. The decision forces policymakers to rethink seed regulation and to craft rules that protect smallholder systems alongside commercial breeding. Expect lively policy work and possible regulatory redesign as government and industry adapt to a legal landscape that now recognises the value of farmers’ seed sovereignty.

A High Court in Kenya has permanently set aside a directive by the Communications Authority of Kenya (CA) that sought to ban live broadcasting of the 25th  June 2025 demonstrations. Justice John Chigiti found the order unconstitutional, citing violations of freedom of the media, expression, and the public’s right to information. The court held that the CA acted outside its mandate by attempting to impose prior restrictions on media content and barred the agency from issuing similar directives in the future. The ruling followed a petition by the Katiba Institute, LSK, and the Kenya Editors Guild.

The Employment and Labour Relations Court has ordered Samsung to compensate its former retail marketing manager, Stanley Ngigi, KSh 3.8 million after finding the company failed to provide a valid reason for terminating his employment. The court held that Samsung did not meet the threshold for substantive justification under the Employment Act. While noting that the disciplinary process was largely proper, the judge declined to reinstate Mr Ngigi due to the seniority of the position and the breakdown of trust between the parties.

🚢 Kenya Appeals EPA Suspension
Kenya has moved quickly to appeal the East African Court of Justice injunction that paused implementation of its Economic Partnership Agreement with the EU. The government says the EPA keeps Kenyan flowers, fruit and horticulture moving tariff free to big European markets and warned the pause could fray East African ties. Officials now juggle legal briefs and diplomatic notes as they press appellate remedies and lobby partners ahead of the EAC Heads of State meeting. Expect robust courtroom strategy and behind-the-scenes diplomacy as Nairobi tries to keep export pipelines open and livelihoods humming.

📬 South Sudan Drops $5,000 Container Deposit
South Sudan eliminated the pricey $5,000 container deposit and moved to a digital tracking and release system that uses an OTP for cargo clearance. Traders hailed the change as a lifeline that cuts upfront costs and reduces abandoned cargo, while carriers warn about recovery risks without a physical guarantee. Regional partners, including Kenya and Uganda, will need to align logistics and enforcement to avoid new gaps. The reform pushes the Northern Corridor toward digitalisation, but operational kinks and trust between shippers and authorities will determine whether the savings stick.

🤝 Congo and Rwanda to Sign Peace Pact in Washington
Leaders of the DRC and Rwanda plan a White House ceremony to ratify a US-mediated peace and economic accord. The deal pledges troop movements, security arrangements and regional cooperation steps aimed at stabilising eastern Congo and enabling economic recovery. The agreement could unlock trade and resource deals and ease investor worries about mining and supply chains in the region. Implementation will test political will on the ground. If leaders follow through, the pact could shift the regional economic weather from stormy to sunnier for trade and cross-border projects.

🏗️ Barrick Deal Frees Staff, Ends Long Dispute in Mali
Barrick Mining secured a multi hundred-million dollar settlement with Mali that led to the release of detained employees and restored operations at the Loulo-Gounkoto complex. The company agreed to significant payments and the state agreed to extend permits. The deal resolves a two year standoff that weighed on gold exports and investor sentiment. The settlement shows how high stakes commercial diplomacy and negotiated fixes can restore projects and free personnel held up in regulatory fights. Markets and local suppliers will watch closely as operations ramp back up.

🌍 Ethiopia Begins Duty-Free Trade With 24 African States Under AfCFTA

Ethiopia has commenced duty-free trade with 24 African countries under the African Continental Free Trade Area. The Ethiopian Customs Commission confirmed that tariff reductions and preferential access now apply to approved products after months of regulatory alignment. The move marks a shift toward deeper regional integration as Ethiopia positions itself within the expanding bloc of states implementing AfCFTA commitments beyond ratification.

NEMA has stated that the proposed Ritz-Carlton Maasai Mara camp does not obstruct any known migratory route in the ecosystem. The agency said ecological assessments and field studies support the location and confirmed that the project complies with its environmental impact assessment licence. The statement follows widespread public concern and an ongoing legal challenge claiming the development threatens wildlife movement and violates environmental safeguards. NEMA indicated that environmental monitoring of the project will continue.

Estonia has announced plans to establish an embassy in Nairobi in 2026 as part of an expansion of its global diplomatic network. The mission will strengthen bilateral ties, support security cooperation, and deepen engagement in technology and e-governance, areas where Estonia sees strong potential in Kenya. The Nairobi embassy will also cover UNEP and the East African Community. Estonia will simultaneously open new embassies in Moldova, Armenia, Azerbaijan, and Brazil.

The COMESA Competition Commission has cautioned shoppers across 21 member states about misleading discounts, unsafe goods, rigid return policies, and online scams as festive season shopping intensifies. The regulator noted that some retailers inflate prices before advertising large discounts or push counterfeit and nearly expired items. It reminded businesses that making false or misleading claims violates regional competition rules, which allow penalties of up to 10 percent of annual turnover generated in the COMESA market.

KETRACO lost another legal bid to delay enforcement of a multi billion shilling award tied to a terminated transmission line contract. The High Court said the debt stands, clearing the way for a liquidation petition if the agency fails to settle or secure funds. The liability threatens a major state body and could force urgent settlement talks or asset sales. The ruling underlines the costs of prolonged contract disputes and the fiscal exposure public agencies risk when infrastructure projects go bad. Expect intense negotiations to avoid a takeover that would unsettle power planning.

🏛️ KCB Ordered to Release KSh 76M
 A High Court garnishee order compelled KCB to release KSh 76.8 million to a transport firm owed money by a government agency. The judgment enforces an old commercial arbitration award and stops well worn tactics that keep funds tied up in bank accounts. Garnishee proceedings proved an efficient remedy for a creditor chasing state-linked debts. The outcome shows that persistent creditors can use established enforcement tools to reach money sitting in bank coffers, even when the debtor is a public body with a long litigation tail.

UNTIL NEXT TIME…

Stay curious, stay inspired, and keep questioning everything. Catch you next week!

The Waswa Brief | Valarie Waswa & Co. Advocates

We are a future-facing law firm with a global reach, offering bespoke legal solutions to everyday and emerging challenges. Our work bridges law, technology, and social impact to serve individuals, enterprises, and communities.