President William Ruto's Executive Orders Scrutinized as Kenya's High Court Upholds Railway Levy and Suspends Police‑Omb

The Kenyan High Court issued conservatory orders that suspend the implementation of President William Ruto's Executive Order No. 2 of 2023, which would have placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration. The suspension preserves IPOA's constitutional independence while a petition filed by Obwogi Jonathan, supported by civil‑society groups, challenges the order's legality. The Ministry of Interior is barred from directing IPOA until the case is heard, with further directions scheduled for September 2026.

In a separate ruling, the High Court upheld the constitutionality of the Railway Development Levy, a 2 percent charge on the value of imports that generates approximately Ksh 36.8 billion to Ksh 50 billion a year. The levy is earmarked for financing the extension of the Standard Gauge Railway to Malaba and other national rail projects. However, the court ruled that using the levy to fund the Nairobi Commuter Rail before Parliament amended the law was unlawful, directing the government to conduct a fresh, transparent tender for that component within 90 days.