Kenyan judicial rulings on banking and corruption oversight

Legal developments in Kenya have recently addressed the jurisdiction of anti-corruption investigations and the regulatory oversight of commercial banking practices.

In July 2026, the High Court of Kenya ruled that the Ethics and Anti-Corruption Commission (EACC) lacked the mandate to investigate commodity loan arrangements involving the Kenya Tea Development Agency (KTDA). The court determined that because the KTDA is a private entity and the allegations did not involve bribery or public funds, the commission had no jurisdiction. Additionally, the court addressed a petition from Citibank Kenya seeking to prevent investigators from questioning an employee regarding a Sh261 million loan to Kiru Tea Factory, citing violations of constitutional rights.

By August 2026, the High Court issued a separate order temporarily suspending a section of the Banking Act. This suspension removed the requirement for commercial banks to obtain approval from the National Treasury before increasing loan interest rates. The decision followed arguments from the Kenya Bankers Association that such requirements interfered with the constitutional independence of the Central Bank of Kenya regarding monetary policy.