When can a Person be held in Police Custody for over 24 Hours?


The killing of Rongo-University student Sharon Otieno has raised a lot of public interest. Beyond the public outcry for the perpetrators to be charged and punished, there are legal questions on the process of investigations and arrests. On November 16, Governor Obado of Migori was released again after repeyted police custody. And earlier, a key … Continue reading “When can a Person be held in Police Custody for over 24 Hours?”


Michuki Rules Enforcement may be unlawful according to Constitution

The enforcement of the so called Michuki rules for Public Service Vehicles (PSV) may be unlawful, according a new legal analysis made for RoGGKenya. While the rules themselves are valid, it is the abrupt implementation of the rules that can be challenged by the matatu businesses, the analysis by constitutional lawyer Steve Ogolla says. The … Continue reading “Michuki Rules Enforcement may be unlawful according to Constitution”


Analysed: The huge Gaps in MCA Sitting Allowances

The Budget Implementation report by the Controller of Budget (CoB) for the financial year 2017/2018 reveals massive differences and massive under-expenditure in sitting allowances for Members of County Assemblies. Both raise serious questions on what informs the inclusion of the huge amounts in the budgets and where the differences stem from. The media can follow … Continue reading “Analysed: The huge Gaps in MCA Sitting Allowances”


Murder of Journalist John Kituyi remained unpunished, Article 19 reports

The international free speech organization Article 19 has today published a report saying that the the murder of journalist John Kituyi in Eldoret in April 2015 remained unpunished. A suspect, a soldier, was acquitted by the court earlier in 2018, whereof the family of Kituyi was not notified, Article 19 reported. The case file is … Continue reading “Murder of Journalist John Kituyi remained unpunished, Article 19 reports”


Still missing: 14 new County plans for 2018 – 2022

14 of the new 47 County Integrated Development Plans for 2018 to 2022 are still missing on our download page, because we did not find them on the county websites. As a journo, look at our page, find out if your county is alread represented and ask the follow-up questions. What is the planning stage … Continue reading “Still missing: 14 new County plans for 2018 – 2022”


Kakamega MCAs cost 12 Times as much as Turkana MCAs – why?

The latest Report of the Controller of Budget on the Budget Implementation in the counties in the financial year 2017/2018 reveals interesting data about  sitting allowances of MCAs. They vary considerably – and, at least on first sight, unexplainably. A good opportunity for county media to follow-up on. The extremes: The Turkana MCAs received only … Continue reading “Kakamega MCAs cost 12 Times as much as Turkana MCAs – why?”


Duplicate Voter Records concentrated in two Homa Bay Constituencies

An analysis of the Register of Voters for the 2017 Elections reveals that the occurence of duplicate voter records was heavily concentrating in just two constituencies in Homa Bay. The two, Rangwe and Karachuonyo have more than six percent of the registered voters as illegal duplicates. Moreover, the duplicates were concentrating in a few wards … Continue reading “Duplicate Voter Records concentrated in two Homa Bay Constituencies”


Is Public Procurement really favouring the Disadvanged?

Five years after the launch of AGPO, an assessment by media is worthwhile: whether the initiative reached the intended goals of allowing marginalized groups preferred access to government contracting opportunities. On July 29th 2012, former President Mwai Kibaki launched the Access to Government Procurement Opportunities (AGPO) initiative after the realization that in addressing the issue … Continue reading “Is Public Procurement really favouring the Disadvanged?”


The Finance Bill 2018 and the Legal Rules

The fiasco that occurred in Parliament during the passage of the President Uhuru Kenyatta’s memorandum on the Finance Bill, 2018 has left many wondering whether MPs acted within the law. The National Assembly passed the Bill that contains a raft of punitive taxation measures, including the introduction of an eight per cent Value Added Tax … Continue reading “The Finance Bill 2018 and the Legal Rules”


Curses are common but illegal according to a 91 Year old Kenyan Law

Well, this might not be the most important story about good governance, but anyway: It seems to be fashionable especially for elders to threaten to “curse” someone who misbehaves according to them. If you have time and would like to do a fairly unsusual story about those who threaten: Look at the Kenyan Witchcraft Act … Continue reading “Curses are common but illegal according to a 91 Year old Kenyan Law”


Many Counties are late with their new Five-Year Plans

Many counties seem to be very late with formulating and publishing the new plans for the new election period  running from 2018 to 2022, according to a web search conducted by RoGGKenya.org. As of today, Aug 21, 2018, RoGGKenya.org has found only 24 County Integrated Development Plans (CIDPs) on the web pages of the county … Continue reading “Many Counties are late with their new Five-Year Plans”


When media miss the point. The Law on Demolitions and Evictions

The news on this is reported mostly stereotypical – and they miss the point that state organs rarely follow the correct legal procedure. “Illegal structures” on public land are common in Kenya – e.g. people have often erected their informal settlements on such land, or some who are struggling for income have set up such … Continue reading “When media miss the point. The Law on Demolitions and Evictions”


The President is at fault over IEBC appointments

The Kenyan president is at fault, because he has not yet started the legal process of appointment of new IEBC commissioners after April 14. Constitutional expert Steve Ogolla says the procedure is so clearly prescribed in the laws that “every law student, no, every highschool student  can read it and draw correct conclusions.” Here are … Continue reading “The President is at fault over IEBC appointments”


Why Court Sessions make News

People like to hear and read about conflict. It’s always about one person against another: husband against wife, president against opposition leader, tenant against landlord, revenue authority versus taxpayer, neighbour against neighbour, employee versus employer, gang A against gang B, police against suspect, etc. There are a myriad causes and characteristics of conflict, and many … Continue reading “Why Court Sessions make News”


Nobody in Kenya can limit constitutional Rights

Kisumu Governor Anyang Nyong’o has issued a publication called “Executive Order No. 1” (see picture) meaning to ban all non-NASA-demonstrations in his county. Steve Ogolla senses a “brazen abuse of office”: In short, this is nothing more than a passionate appeal to Kisumu residents to shun violence, maintain peace, law &order, and tranquillity in the … Continue reading “Nobody in Kenya can limit constitutional Rights”


Recommended Reading: The CSO Petition

The petition of the Civil Society Organizations of November 6 against the conduct of the fresh Presidential election in Kenya raises serious questions about the behaviour of the IEBC, Independent Electoral and Boundaries Commission. Reading from our download page is highly recommended; the words speak for themselves and contain many arguments that could not reported … Continue reading “Recommended Reading: The CSO Petition”


How legal is the Kenyan “Resistance Movement?”

A scrutiny with election law expert Steve Ogolla on Roggkenya.org   Q: Just a day before the repeat Kenya’s Presidential Election, the opposition, the NASA coalition, has declared to transform itself into a “resistance movement.” And promptly, during election day we have seen NASA supporters set up illegal blocks on highways under that name of … Continue reading “How legal is the Kenyan “Resistance Movement?””


Supreme Court of Kenya to postpone the Election? – a legal assessment by Steve Ogolla

A group of civil society organizations has filed a case in the Supreme Court on Tuesday, Oct. 24, 2017, seeking an interpretation whether the Kenyan Presidential election of Oct. 26 can be postponed or not. The interview below was conducted on the same day and reflects what the effect of the petition could have been. … Continue reading “Supreme Court of Kenya to postpone the Election? – a legal assessment by Steve Ogolla”


Five legal Paths to “No-Election” on October 26

Legal expert Steve Ogolla has identified with us five legal ways why the election day Oct.26 might be canceled by a court and has weighed the likeliness of such decisions. To shed light on the heated debate, we are leaving out all the political arguments for and against a postponement and just cite the legal … Continue reading “Five legal Paths to “No-Election” on October 26″


What if the IEBC postpones the Election in one Constituency?

Interview with Steve Ogolla, Election Law Expert RoGGKenya Last Saturday, a new threat of the opposition to prevent the fresh Presidential election on October 26 has emerged. It is different from the boycott threat that a constituency does not vote at all, with the effect of making it an invalid election that was not conducted … Continue reading “What if the IEBC postpones the Election in one Constituency?”


New: Download Page for Election Reporting – 2017

It is not so easy to put the original resources together for reporting needs on the 2017 elections. On our download page, you find the original texts, like the election laws and amendments and the most relevant Supreme Court and High Court judgments of 2013 and 2017 about the Presidential elections. Direct link to the … Continue reading “New: Download Page for Election Reporting – 2017”


How to report on the Fresh Elections – Discussion in Nakuru

On Saturday, October 14, Journalists in Nakuru are cordially invited to discuss with top legal expert Steve Ogolla the consequences of the legal developments around the fresh elections for our reporting in the media. The discussion will take place from 9 a.m. to 2 p.m. at Hotel Cathay, Tom Mboya Street. The place is restricted. … Continue reading “How to report on the Fresh Elections – Discussion in Nakuru”


Peaceful Means first. Rules for Police Force and Firearm Use

Police may use force if it is necessary to protect law and order – that is a truism. But like almost everywhere in the world, Kenyan police are bound by some rather strict laws about when and how to use force. The law says, in short: 1. Non-violent means shall always be used as long … Continue reading “Peaceful Means first. Rules for Police Force and Firearm Use”


ELOG confirms IEBC Presidential Tallying Results

The Elections Observations Group (ELOG) has released the results of its Parallel Vote Tabulation of the Kenyan Presidential Elections. They match with the official results of the Independent Electoral and Boundaries Commission (IEBC). It is now up to the opposition to specify why they think the election was manipulated. Not in the database, but through … Continue reading “ELOG confirms IEBC Presidential Tallying Results”


Just Days before the Polls IEBC starts reading its own Regulations

Up until August 3, just five days before the elections, it seemed to be common knowledge “in the public domain”, that unstamped ballot papers are invalid. This is not true. Regulation 77 does not list a missing stamp on a ballot to be one of the reasons for the rejection of a ballot. IEBC’s Ezra … Continue reading “Just Days before the Polls IEBC starts reading its own Regulations”


The Candidates at your Fingertips

For your reporting needs, we have compiled the complete lists of the candidates vying for various electoral positions in the Kenyan August 8th elections. This list is a handy tool both on the road and in your newsroom. You may download the complete list as Excel-File. Or you access the lists for the different electoral … Continue reading “The Candidates at your Fingertips”


Late Accreditation even without MCK Card

The IEBC Rules simply cannot apply to Media covering the elections Media representatives who missed the deadline to apply for accreditation by the electoral commission to cover this year’s polls still have a chance to get their cards. And although IEBC states otherwise, they may try to do it even without valid Media Council of … Continue reading “Late Accreditation even without MCK Card”


How to monitor the Elections Process – A Step-by-Step Guide

Accredited journalists play a special role in the electoral processes. They are among the privileged who are allowed to stay in the polling stations and tallying centres whereas voters have to leave the polling station after casting their ballot. As a journalist, you should be impartial. You cannot openly subscribe to any political party. You … Continue reading “How to monitor the Elections Process – A Step-by-Step Guide”


KPMG Audit has found serious Security Problems

The voter register audit has indicated serious problems in database controls and infrastructure security. But looking at what was publishedby the Kenya electoral body, Independent Electoral and Boundaries Commission (IEBC), the respective chapter and the whole annex of the report has been left out. The executive summary, however, lists serious issues that at least in … Continue reading “KPMG Audit has found serious Security Problems”


Get your IEBC media accreditation ASAP!

Without an IEBC media accreditation, no journalist will be allowed to enter the polling stations and tallying centers during 2017 General Elections in Kenya on August 8 and thereafter. Earlier the IEBC had stated that media can apply for accredition for election reporting from June 2, 2017. But so far no accreditation has been issued. … Continue reading “Get your IEBC media accreditation ASAP!”


Exclusively online here: Elections Regulations – 2017 version

Detailed procedures that must be followed in the election process are laid down in the Elections Regulations, as required by the Elections Act. Our editorial team at RoGGKenya has been anxiously waiting for the publication of the amended general regulations which has now been published – only four weeks to the General Elections. We will … Continue reading “Exclusively online here: Elections Regulations – 2017 version”


How to find Data that has disappeared on the Web

New on RoGGKenya. On the example of the deleted website of the Constituencies Development Fund we demonstrate how you can find data that was once published on this site. You can do this via search engines like Google or – months and years later – with the engines of archive.org. Read our page in the … Continue reading “How to find Data that has disappeared on the Web”


Demand the full KPMG report on Voter Register

On June 9 Independent Electoral and Boundaries Commission (IEBC)  published an eleven paged press release on the outcome of the KPMG audit of the voters register. At first glance, the release seemed quite comprehensive as it included figures, charts and words on many aspects of the audit. But this picture is misleading. Important aspects are … Continue reading “Demand the full KPMG report on Voter Register”


Detailed Election Technology information disappeared on IEBC website

On our elections reporting pages, we are now publishing what seems to have disappeared on the IEBC website last week. That is, a more detailed information on the election technologies that IEBC will be using in the August 2017 general elections in Kenya. As of February 23 information given on this page reflects IEBC’s plans … Continue reading “Detailed Election Technology information disappeared on IEBC website”


Big Surprises in Jubilee Nomination Rules

Did you know that every Kenyan is entitled to vote in the Jubilee Primaries and not just party members? Did you see the party register open for corrections, which should be open in the two weeks before the exercise? The Jubilee Party Nomination Rules, which we finally received yesterday, contain major surprises for all those … Continue reading “Big Surprises in Jubilee Nomination Rules”


IEBC Gazettement of Aspirants has huge Gaps

The list of aspirants for Kenyan political parties primaries as gazetted by the IEBC was grossly incomplete. IEBC has confirmed today what RoGGKenya editors had found out on Friday, April 21: Missing in the 305 pages file were the Jubilee aspirants of 390 wards* in the 17 counties that follow Nairobi in the alphabet. All … Continue reading “IEBC Gazettement of Aspirants has huge Gaps”


IEBC ends Voter Registration before consitutional Timeliness

The Independent Electoral and Boundaries Commission (IEBC) has controversially suspended the enlisting of new voters until September 6, a month after the general election. It is to be doubted if this was legal – and if it will be challenged by anybody in court. In a Kenya Gazette notice dated February 23, the chair Mr Wafula … Continue reading “IEBC ends Voter Registration before consitutional Timeliness”


Can the EACC “clear” candidates? Probably not.

One thing that we at RoGGKenya do as a service to our fellow journalists is that we try to locate the rule of law for what Kenyan authorities are doing – or should do. And now it is the action of the EACC, the main agency that fights corruption in Kenya, that is in question. … Continue reading “Can the EACC “clear” candidates? Probably not.”


Amnesty International warning outdated?

RoGGKenya could not verify an Amnesty International allegation that Kenyan MPs were sneaking an amendment into a law which would change the IPOA Act so that the police could easily find pretexts to withhold information from the Independent Policing Oversight Authority (IPOA). The AI East Africa Researcher had raised alarm over the National Assembly’s Miscellaneous Amendments … Continue reading “Amnesty International warning outdated?”


New Amnesty Internation Report lists serious Complaints about Kenya

The Amnesty International Report on the state of the world’s human rights has just been released. It lists several issues of serious concern about Kenya, including extrajudicial killings and disappearances, corruption, human rights violations in counter-terror actions, the intimidation and harassment of journalists, bloggers and other members of civil society as well as forced evictions … Continue reading “New Amnesty Internation Report lists serious Complaints about Kenya”


Illegal threats during Elections – including Witchcraft

An earlier post on RoGGKenya.org has to be taken even more seriously than we have thought. We stated in the post that witchcraft is illegal in Kenya, and we thought this was just a minor issue. We could barely imagine that a politician would actually threaten citizens with witchcraft if they don’t cast their votes … Continue reading “Illegal threats during Elections – including Witchcraft”


IEBC begins Diaspora Voter Registration

The Independent Electoral and Boundaries Commission has began registering voters in the diaspora. This comes after the mass voter registration exercise came to an end on February 19th following an extension by the High Court from the previous designated closing date of 14th February by IEBC. The diaspora voter registration exercise began on 20th February … Continue reading “IEBC begins Diaspora Voter Registration”


High Court Extends Mass Voter Registration to February 19

The High Court has extended the Mass Voter Registration (MVR) deadline to February 19. This comes after the same court gave an order (ext. link) stopping the Independent Electoral an Boundaries Commission (IEBC) from closing the exercise on February 14 after activist Okiya Omtatah made an application to the same effect. Justice Enock Chacha Mwita directed Omtatah … Continue reading “High Court Extends Mass Voter Registration to February 19”


Systematic “Crack Down on NGOs”, and a non-gazetted Act

United Natioins human rights experts have warned Kenya that “it appears that there is a systematic and deliberate pattern to crack down on civil society groups which challenge governmental policies, educate voters, investigate human rights abuses and uncover corruption. These issues are extremely important in a democracy, and attempting to shut down the debate taking … Continue reading “Systematic “Crack Down on NGOs”, and a non-gazetted Act”


Voter Registration cannot end before May

No state agency, no independent commission can change the law. The IEBC is no exemption. Their mass voter registration drive may end today, Feb. 14, 2017. Which is legitimate. But voter registration itself cannot end on that day. Every adult Kenyan citizen has the right to register to vote until 90 days before the election … Continue reading “Voter Registration cannot end before May”


IEBC Information Policy – better, but not perfect

We have seen an upsurge in information policy after the new commissioners of the Kenyan IEBC took office. Since January 2017, the Independent Electoral and Boundaries Commission has published 11 press releases and a number of other news – along with data that was  useful and worth analyzing. To see what this data is good … Continue reading “IEBC Information Policy – better, but not perfect”


Wards in Nyanza Hotspots of wrong Voter Data

Cases of faulty voter registration to the 2017 Kenya general elections are concentrated in certain wards in Kisumu East, Siaya, and Homa Bay. This is apparent in the IEBC data released last Saturday, Feb. 4, 2016. These wards are all located in the region of Nyanza – followed by some wards in Nairobi. The cases … Continue reading “Wards in Nyanza Hotspots of wrong Voter Data”


New on RoGGKenya: The Ward Development Fund

The Ward Development Fund (WDF) kitty in the counties is subject to never ending wars between the Members of the County Assembly (MCAs) and the County Executives over who will manage and/or implement the fund. These wars are all over the local media and they often involve the County Assembly refusing to pass the budget. … Continue reading “New on RoGGKenya: The Ward Development Fund”


NEW: Billions Unaccounted For in CDF Audit

Members of the national assembly cannot account for billions of money allocated to the constituency development fund (CDF) kitty in the latest report by the auditor general. The latest revelation is likely to shift focus to the Members of parliament who have been blaming and castigating Governors for presiding over massive looting in counties. The … Continue reading “NEW: Billions Unaccounted For in CDF Audit”


Safeguarding against Fires – Update

Dear colleagues in Bungoma County. We have an update to our earlier post. According to unnamed sources within the Bungoma County Administration the County’s fire squad does possess foam for fighting petrol accidents – but the fire truck could not move to the accident. The reason being that one driver had “the key” with him … Continue reading “Safeguarding against Fires – Update”


New Auditor General Reports – and how to interpret them

There are even more Auditor  General Reports on the Counties online by now. After the reports on the county governments those on the county assemblies have been added to the Kenao.go.ke-Website (see link below). For their interpretation: the reports of the Kenyan Auditor General mostly contain quite technical language that should be known by those … Continue reading “New Auditor General Reports – and how to interpret them”


Asking Questions About Police Malpractice

How easy is it in Kenya for a criminal to fetch weapons from the state? Seven police rifles and other ammunition were robbed last week from a police post in Mumias. Radio, TV stations, and newspapers reported widely on the robbery as well as on the brutal police raids that followed and – as reported – have … Continue reading “Asking Questions About Police Malpractice”


New on RoGGKenya: The Role of the National Assembly

From how the media report on Members of Parliament it seems that there is a lot of misunderstanding about their role. What takes prominence is the constant and never ending wars between the National Assembly and the Senate. Other sensational stories include those of MPs in the National Assembly being portrayed as greedy and self-centred … Continue reading “New on RoGGKenya: The Role of the National Assembly”