In the legal landscape, a new year is rarely just a change of the calendar; it is a moment for recalibration of the scales of justice.
2025 in Retrospect
2025 was dotted with notable events that touched on the legal field. For one, we lost, and loss is not pleasant. The passing of Honourable Raila Amolo Odinga in October 2025 took from us a key figure who helped shape civil liberties, as we presently enjoy them, and electoral jurisprudence. Shortly thereafter, we lost Justice Mohammed Ibrahim in December 2025, a founding member of the Supreme Court and a scholar who helped anchor the 2010 Constitution.
Beyond the loss, 2025 was a year where consequential laws came alive, space and time do not permit us to sift through them all. (A compilation of the laws enacted in the year 2025 is accessible here.
Further, we saw high-stakes litigation, specially surrounding the Housing Levy (https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13060/eng@2024-10-22) (It is vital to note that despite having initial favorable rulings for the government, the Court of Appeal consolidated all the cases challenging the levy’s legality, with hearings for these appeals scheduled from January 19, 2026) and the Social Health Authority (SHA) (https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2027/eng@2025-07-10). The Judiciary’s vocal pronouncement (on the boundaries of executive authority in policy formulation and implementation) asserted its independence amidst a tightening political environment.
Looking into 2026
As we step into 2026, we extend a warm welcome to you.
The start has already brought a much-needed surge in judicial capacity. In January 2026, 15 new judges were appointed to the Court of Appeal. This increases the appellate bench from 27 to 42 judges (https://judiciary.go.ke/court-of-appeal-judges/). This expansion—of seasoned minds from both the bench and the bar—is specifically aimed at clearing a significant backlog of over 14,000 pending matters. We anticipate that this “re-tooling” will drastically increase the “speed of law,” moving us closer to the ideal of timely justice.
While the Court of Appeal expands, the Supreme Court enters a critical transition. With the bench currently down to 6 judges following Justice Ibrahim’s passing, and the retirement of Deputy Chief Justice Philomena Mwilu looming, the Judicial Service Commission is set to begin the search for new leadership. These appointments are of paramount importance as we head toward the 2027 General Election and the inevitable constitutional petitions of a high-pressure election cycle.
Looking into the crystal ball, significant, unavoidable, and fast-approaching shifts are happening. Consequently, 2026 is not a year for passive strategies or reactive compliance. At Onyango & Aywa, we are prepared to leverage the imminent shifts. Whether it is navigating the nuances of the court system or structuring transactions to withstand the evolving legal and regulatory scrutiny, our approach remains rooted in analytical depth and an unwavering commitment to your interests.
We believe 2026 will reward those who are forward-looking. It is for this reason that as Onyango & Aywa in 2026, we commit to proactive law practice; more strategy, more foreword-thinking and more collaboration!
We invite you to navigate this year with us, steadfast in purpose, as you have in the past.
Karibu
