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”

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. The key suspect for the murder, Mr. Michael Oyamo, was released by the Homa Bay high court. But … Continue reading “When can a Person be held in Police Custody for over 24 Hours?”

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”

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   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”

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 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 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”

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: 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 (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”

Auditor General Reports for 2014/15 finally online

The Auditor General reports for the national government and counties for FY2014/2015 are out giving reporters an opportunity to follow key leads to develop exclusive stories. Reporters can easily access the audit reports which point to glaring misuse of public funds and at times diversion of funds to non core areas. The reports are already online … Continue reading “Auditor General Reports for 2014/15 finally online”

Budgets for Next Year may be illegal in Kenya

Budget making in the Kenyan nation and counties is far behind schedule, raising fears that these most important documents for the financial year 2017/2018 may finally be illegal. Parliament and County Assemblies have been already waiting as long as 13 weeks for pivotal papers needed for a responsible decision making process. This makes it more … Continue reading “Budgets for Next Year may be illegal in Kenya”

Suggested Story: How well are Kenyans protected against petrol accidents?

This is a story for you: How well prepared, equipped and trained are Kenya’s firefighters and police to handle road accidents involving petrol trucks? (updated Dec. 12 – see bottom) A major accident that occurred last Saturday along the Eldoret-Malaba-Uganda highway raises serious questions. A petroleum truck overturned and exploded thereby releasing tones of petrol … Continue reading “Suggested Story: How well are Kenyans protected against petrol accidents?”

If Amber Rudd was a Kenyan the Minister would step down

British minister of interior Amber Rudd would face investigation and possibly prosecution by the EACC – if she was a Kenyan minister. If the Kenyan laws were enforced and to be followed worldwide, corruption would have little room. Because the laws are very good, even compared to other countries. Just a few examples of September … Continue reading “If Amber Rudd was a Kenyan the Minister would step down”