Dear Briefers,

Welcome to the fourth 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:-

Samuel Wanjohi, founder of Popote Innovations, claimed Safaricom used his “Popote Pay Solution” ideas to build the M-Pesa Super and Business apps. An arbitrator initially awarded him Ksh 1.1 billion in November 2024. In November 2025, the High Court overturned it. The judge said Wanjohi had no signed contract and the award relied on speculative numbers. Safaricom owes nothing. This ruling reminds us that creative ideas are fine, but without paperwork, the money can disappear faster than a mobile signal in the bush.

Kenya’s Communications Authority has dismissed claims that new SIM registration rules will require DNA or other biological data. The regulator said the broad definition of biometric data in the draft regulations is only technical language and does not compel telcos to collect anything beyond standard identifiers. The clarification follows public panic and confusion over possible surveillance risks. Privacy experts still see a loophole and warn that the wording could allow future overreach. For now, Kenyans can relax. Your SIM card is safe, your phone is safe, and your DNA can stay exactly where it belong

Starting December 2025, Microsoft Teams can automatically mark employees “in the office” when they connect to office Wi-Fi. The feature is off by default and requires user opt-in, so admins can’t snoop without consent. It doesn’t use GPS, only network detection, and updates status to help colleagues coordinate meetings. Critics warn it could become a micromanagement tool, while Microsoft emphasizes convenience and hybrid work efficiency. For employees, it’s a nudge to either show up at the desk or master the art of looking busy at home, because Teams will know either way.

Kenya’s financial regulators have raised red flags over the sector’s reliance on a handful of tech providers. The Joint Financial Sector Regulators Forum, which includes the Central Bank of Kenya, Capital Markets Authority, and Insurance Regulatory Authority, warns that a failure or cyber glitch at a single provider could disrupt banks, insurers, and mobile money platforms simultaneously. Mid-sized institutions often cannot build systems in-house, making outsourcing necessary. Regulators are now urging firms to diversify tech partners, conduct rigorous audits, and strengthen contingency plans to prevent operational chaos.

Qian Zhimin, aka the “Bitcoin Queen” , got 11 years and 8 months in the UK for running a $9Billion Ponzi scheme in China and laundering it in Bitcoin. Between 2014–2017, she swindled 128,000 investors (many pensioners!) and fled on a fake passport. British cops seized 61,000 BTC, one of the world’s largest crypto hauls. She dreamed of ruling a micro-nation, Liberland, but reality had other plans. Hello, prison cell. Her accomplices are behind bars too. Seems like crime might pay, but jail pays better.

London-based Cassava Technologies will roll out Kenya’s first rentable AI servers in Nairobi. They will partner with NVIDIA to offer GPU-as-a-Service, letting local startups and researchers run AI workloads without hopping onto overseas cloud servers. The servers will be in ADC’s upcoming Nairobi data center, with similar deployments planned across Africa. Power supply constraints remain a challenge, but the plan positions Nairobi as an AI hub. Finally, Kenyan innovators can stop daydreaming about AI and start actually computing it without begging for a foreign server invite.

On November 17, 2025, dozens of Kenyan government websites, including the presidency and key ministries, were defaced with neo-Nazi messages. Services were disrupted, but no data was lost. Authorities identified the attackers as “PCP@Kenya” and moved quickly to contain the breach. While access was restored, the incident highlights ongoing vulnerabilities, including under-staffed cybersecurity teams and outdated systems. This isn’t the first attack; previous breaches targeted eCitizen and finance ministry sites. The government urges vigilance. For Kenyans browsing official portals, it was a stark reminder that even government websites can be hacked, so maybe avoid leaving your passwords as “1234.”

From January 1, 2026, KRA will cross-check income and expenses in tax returns against eTIMS invoices, withholding tax filings, and customs records. Mismatched data could trigger audits, penalties, and delayed refunds. Taxpayers must ensure all transactions are eTIMS-compliant with proper PINs. In short, KRA now has a digital magnifying glass, and no entry will escape scrutiny. Prepare your records, or risk having your refund linger longer than Monday morning traffic on Thika Road.

Kenyan businessman Ashok Doshi has dropped his High Court challenge against CBK over Imperial Bank’s 2015 collapse. The dispute involved over KSh 1 billion in frozen deposits. Doshi had questioned CBK’s appointment of KDIC as liquidator, potentially shaking up bank resolution rules. Both parties settled out of court, sidestepping a risky judgment. No financial details were disclosed, but the case removes a big regulatory headache. Doshi gets his peace, CBK keeps its authority, and Kenya’s banking saga moves on, like a plot twist nobody really wanted but now everyone can ignore.

Nairobi High Court dismissed a case by 19 private hospitals challenging SHA suspensions over alleged insurance fraud. The court said the 90-day suspension period expired and highlighted the need to use SHA’s internal Dispute Resolution Tribunal first. The suspensions targeted inflated claims, double-billing, and fake records. The case shows that private hospitals can’t skip the rules, even when money is at stake, and SHA’s crackdown continues.

Kenya’s Supreme Court ended a 35-year battle in favor of Standard Chartered, overturning a potential KSh 34 billion exposure. The court confirmed that a single registered debenture covers the original loan and later advances. The ruling reinstates a 1999 High Court judgment and clears up a key point for the banking sector: no need to register security afresh for each new loan. Borrowers must repay loans even if paperwork technicalities arise, and banks now have clearer ground to avoid decades-long courtroom sagas.

Kenya is expanding its embassy footprint with new missions in Vatican City, Denmark, and Vietnam. The Cabinet gave the green light on November 11, 2025. Vatican City will boost faith-based diplomacy and support Catholic-run schools and hospitals. Denmark’s embassy aims to buddy up on green tech and sustainable development. Vietnam gets a new gate for trade and consular services, because apparently Bangkok was getting crowded. Official approvals still need some stamps, but Kenya’s foreign policy is stretching its legs. Next stop: world tour, or at least more stamps on the passport.

Kenya’s Agriculture and Food Authority has put a seasonal ban on macadamia nut harvesting and trade from December 1, 2025, to February 15, 2026. Immature nuts compromise quality, flavor, and export prices. The ban covers everyone from farmers to marketers, and violators face penalties. Raw nut export bans remain in effect to promote local processing. Inspectors will be keeping a close eye in Central, Eastern, and Rift Valley regions. Farmers are advised to wait for full nut maturity, ensuring Kenya keeps its premium macadamia reputation alive. Patience now means better returns later!

Australia’s ASIC has sued AVZ Minerals Ltd and two directors over alleged disclosure failures about a legal dispute in Congo. Investors weren’t informed about ownership conflicts in the Manono lithium project for nearly 12 months. ASIC claims filings to the Australian Securities Exchange were misleading or incomplete. The Manono project is one of the largest hard-rock lithium deposits globally. AVZ and its directors deny wrongdoing and promise a vigorous defense.

Ugandan importer Pan Afric Commodities is in a tug-of-war with Kenyan grain handler Bulkstream Limited over 1,514 tonnes of wheat. The wheat, fresh from Ukraine, is stuck at Mombasa Port because of unpaid storage fees totaling around $1.1 million. Bulkstream insists it’s legally entitled to keep the cargo, while Pan Afric cries foul, saying the wheat is being held hostage. Lawyers are now having a feast in the High Court in Mombasa. 

Botswana wants a bigger bite of diamond company De Beers . The country currently holds 15% but dreams of over 50%, aiming to control pricing, supply, and bling strategy. Anglo American, the current owner, is negotiating, while competitors like Angola and Namibia hover like sharks. Financing talks even involve Oman’s sovereign wealth fund. Botswana already supplies 70% of De Beers’ rough diamonds, so this is basically them saying, “We want the crown, too.” Negotiations are ongoing, and the world is watching who ends up with the sparkling prize.

Kenya’s Local Content Bill, 2025 is turning up the heat on foreign firms. It demands 60% local sourcing, 100% agricultural inputs from Kenyan farmers, and at least 80% Kenyan staff. Offices must be physical, and companies must train locals to hit standards. Slip up and fines start at KSh 100 million, plus potential jail time for CEOs. The Bill isn’t law yet, but investors are already sweating. Kenya is basically saying: “Support our locals, or your wallet might do the talking.”

Kenya is planning to ban importing electronics older than 12 years. NEMA says it’s to curb e-waste, protect health, and avoid toxic junk piling up. Non-functional gear or items performing below 85% of specs will get stuck at ports like unwanted party guests. Penalties include up to Sh10M fines, blacklisting, or even jail. Importers now have a date with destiny- or the recycling bin . Meanwhile, producers must register take-back schemes. Kenya is cutting down e-waste and giving the planet some breathing room

Edhah Abdallah Munif, Tanzanian tycoon, now controls 41.75% of East African Portland Cement 🪨🇰🇪. His Amsons Group, already owning Bamburi Cement, bought 29.2% from Holcim for Sh718.66M. Kenyan lawmakers raised eyebrows over market dominance, but regulators gave the green light. With this, Munif can basically cement his way through Kenya’s construction sector. Strategic? Yes. Controversial? Maybe. Monopoly vibes? A bit. Shareholders better keep their hard hats on, because one tycoon is now mixing the national cement pot like a pro

SportPesa may hit pause due to a fresh suit by shareholder Paul Ndung’u. He alleges fraudulent transfer of trademarks, tax evasion, and forgery, aiming to restore Pevans East Africa’s control. Ndung’u wants Milestone Games frozen from using the brand and linked bank accounts blocked. SportPesa’s saga reads like a thriller. Corporate chess meets courtroom drama. Fans of betting apps, stay tuned. Legal rulings may dictate who rolls the dice next.

Chad Larson, M-Kopa co-founder, disputes the company’s employee share buyback, claiming it undervalues shares by 95% for the benefit of big investors. Larson says the plan hurts Kenyan employees and filed a complaint with the Capital Markets Authority over conflicts of interest. M-Kopa calls the claims “fantasy” and insists Larson is obstructing business. A parallel lawsuit from a former employee alleging racial bias complicates matters. With Larson, M-Kopa, and investors all digging in, the dispute has gone public.

The Competition Authority of Kenya has summoned Blankets & Wine Festival organizers, including Muthoni DQ, following complaints about poor VIP experiences and service issues at the September 28, 2025 event. Attendees cited long queues, understaffed bars, sound problems, and delays that fell short of “premium” expectations. The organizer learned of the summons via media coverage, highlighting a gap in awareness. If CAK finds violations of the Competition Act, fines could reach 10% of the festival’s previous year turnover. This case might set a precedent for accountability in Kenya’s live events industry, where hype must meet reality.

Kenya’s Environment and Land Court okayed reallocation of 410 acres at Kenyatta University for WHO, Africa CDC, KUTRRH, and squatter resettlement. LSK’s challenge was dismissed. Judge Angote held that the reallocation serves public interest in health and research. Land breakdown: 30 acres to WHO, 10 to Africa CDC, 180 to KUTRRH, 190 to Kamae squatters. The decision clears red tape, resolves old squatter disputes, and gives public projects legal wings. KU now juggles campus life with national priorities, like a university trying to be a city planner and landlord at the same time.

Kenya’s Parliament lifted a 7-year freeze on new power purchase agreements (PPAs). Kenya Power can now onboard 1,112 MW from independent producers. The freeze lift is meant to avoid blackouts and reducing costly imports from Ethiopia and Uganda. New PPAs come with price caps, transparency measures, and competitive auctions. The energy game is no back on, and Kenyans can hope for fewer loadshedding moments. Local power producers get their spotlight, while the grid braces for fresh wattage drama.

 The Environment and Land Court dismissed a petition aiming to stop the Sh16 billion Likoni gas project by Taifa Gas in Mombasa. Petitioners had raised environmental concerns, but the court ruled the proper forum is the National Environmental Tribunal. The decision clears the way for the project to proceed, supporting energy expansion and jobs in the region. President Ruto presided over the groundbreaking in 2023, and now the project can finally light up the gas industry without a courtroom dimmer switch.

The High Court of Kenya ordered China Wu Yi to pay Machiri Limited Ksh139.4 million for work on the Nairobi-Thika Highway upgrade in 2011. The dispute dragged on for nearly a decade over unpaid water and sewerage relocation. The court confirmed Machiri followed all the rules and added commercial interest. Wu Yi also has to cover all legal costs. Machiri’s patience and persistence finally paid off proving that in construction, like in life, the money eventually catches up; even if it takes a few extra years to arrive.

Kenyan tycoon Peter Munga and Great Lakes Corporation are clashing with China’s Fenxi Mining over Mui Basin coal mines worth nearly KSh 4 trillion. Fenxi claims local partners didn’t pay their $3.875 million share, while Munga’s side argues Fenxi lacks the financial and technical capacity. Fenxi threatens international arbitration in Mauritius, turning the dispute into a decade-long standoff. The stalemate has delayed mining, stalled potential jobs, and left the basin’s energy promise untapped. For now, Kenya’s coal riches remain on pause while lawyers and accountants sharpen their pencils.

Nigeria’s Zenith Bank is seeking CBK approval to acquire Kenya’s Paramount Bank. The deal helps Paramount meet new capital rules while giving Zenith a ready-made entry into East Africa. If the transaction is approved by January 2026, it would make Zenith the fourth Nigerian bank in Kenya, increasing competition. Smaller mid-tier lenders may feel the heat as the banking landscape becomes more pan-African. For Paramount, it’s survival; for Zenith, it’s conquest; and for the regulator, it’s paperwork heaven.

A Chicago jury ordered Boeing to pay $28 million to Shikha Garg’s family, plus $7.85 million including interest and an out-of-court settlement. Garg died in the 2019 Ethiopian Airlines Flight 302 crash. Boeing had already accepted responsibility, so the trial focused on compensation, not guilt. The verdict is one of the few cases to go to court amidst dozens of claims from Boeing 737 MAX crashes. Lawyers called it accountability in action. The family finally sees closure while Boeing faces a legal bill large enough to make their accountants cry softly into spreadsheets.

Toyota Kenya has been ordered to cough up KSh 754,116 to a former employee after being sacked over a KSh 20,000 gift dispute. The Employment and Labour Relations Court found Toyota’s dismissal procedure unfair. The court held that said employee wasn’t given the investigation report or enough prep time for his hearing. However, the reason for firing him, which was violating the company’s anti-gift policy, stood. The payout covers procedural flaws and legal costs, not the misconduct.

Kenyan court ordered DHL Supply Chain Kenya to pay former finance controller Jacqueline Amutavi KSh 3.8M after firing her in 2020 over alleged family conflicts. The court found DHL flouted proper disciplinary procedures. The payout covers 10 months’ salary, one month in lieu of notice, legal costs, and interest. It’s high time employers took note and enforced clear conflict-of-interest policies.

Kenya’s Employment Court backed SBM Bank’s post-merger layoffs, confirming 97 redundancies after the Chase and Fidelity acquisitions. The court said the bank followed the rules, gave proper notice, and didn’t need full consultation for a large-scale restructure. Claims for extra compensation were dismissed, and one ex-manager even has to repay a staff loan.

Kenya has finally passed the Assisted Reproductive Technology Bill, creating clear rules for IVF, surrogacy and fertility care. The law bans paid surrogacy and limits gamete donations to ten per donor, with fines of up to Ksh10 million or jail time for unethical practices like cloning, sex selection or selling sperm and eggs. Only Kenyans aged 25 to 55 can seek surrogacy, and surrogate mothers must already have one child and pass medical and psychological checks. Both surrogates and intended parents will now enjoy protected leave, consent safeguards and proper counselling

Visually impaired lawyer Wilson Nderitu Macharia scored major wins against I&M Bank and Safaricom in separate discrimination cases. I&M tried to block him from opening a bank account and Safaricom denied him a job over software issues. Courts awarded Sh2.5 million and Sh6 million, respectively. Macharia stated that it wasn’t about chasing money. He wanted companies to finally get the memo on accessibility.

Kenyan MPs want to stop repeating public participation on bills. The proposed Public Participation Bill, 2025, pushes for joint sittings between National Assembly and Senate committees. If one house has already gathered feedback, the other can rely on the report unless significant amendments are made. The law would standardize participation, mandate multiple communication channels, and require authorities to explain how input shaped legislation. Fines could hit officials who ignore the rules.

And that’s The Brief - pun very much intended 😉. Stay curious, stay inspired, and keep questioning everything. Catch you next Tuesday!

 — The Waswa Brief | Valarie Waswa & Co. Advocates

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