We pursue cases not only to win disputes, but to advance justice, accountability, and systemic reform.
A ground breaking constitutional petition brought as 2,863 Kenyans, exposing toxic petroleum based chemicals in sanitary pads, diapers, tampons, and wipes. We sued Procter & Gamble (Always and Pampers) and Kimberly-Clark (Kotex and Huggies), seeking a nationwide ban to protect women, girls, and infants' health, stop non biodegradable pollution, and end period poverty, grounded in Articles 27, 28, 35, 42, 43, 46, 53, 60, 69 and 70 of the Constitution and Sections 5 and 12(1) of the Consumer Protection Act. "If anyone were to bury a tampon, sanitary pad, or wipe made by the respondents and return after one year, they would still find it there," Joseph Mwai told the court. The Law Society of Kenya was granted leave to join the case as an interested party, citing genuine public interest. Filed at the High Court before Justice Chacha Mwita, the matter is now before the Court of Appeal, pending reassignment to a properly constituted bench. "This is about neo-colonialism and imperialism," Joseph Mwai has said of the case. "All provinces in Kenya can grow cotton... we can produce ours." Read the Capital FM, Nation Africa, and France 24 coverage for further background.
As Lead Counsel, Joseph Mwai secured a Court of Appeal stay of KShs 299 million in disputed tax. The ruling halted the Kenya Revenue Authority from unlawfully collecting over KShs 20 billion in tax from the shipping industry, and ended a wider practice of freezing business bank accounts through agency notices. That precedent now protects every business facing the same tactic, not just the company involved, a long term win for fair fiscal enforcement across the whole business community.
A landmark Kenyan case on administrative law, fair administrative action, and regulatory oversight, addressing whether the Capital Markets Authority acted lawfully in investigating an audit firm, and the scope of regulatory power during financial inquiries. The matter arose from a KShs 895 million rights issue at a listed company. Both the High Court and the Court of Appeal upheld the Authority's mandate to investigate. Read the Business Daily coverage for further background.
A historic High Court ruling by Justice Helene Namisi, affirming Small Claims Court jurisdiction over rent deposit refunds. The case arose after Mitchelle Muhanda, a tenant of seven years at Woodlands Grove Villas in Nairobi, was refused her KShs 230,000 deposit and instead presented with a disputed KShs 271,857 damages bill by the property's managers, LP Holdings Ltd. Her claim was first dismissed at the Small Claims Court for want of jurisdiction; on appeal, Joseph Mwai secured the ruling that the Small Claims Court is the correct forum, empowering tenants to have deposit disputes heard and determined within 60 days. "This is a wake up call for landlords, real estate firms, and property management companies," Joseph Mwai said of the decision. Read the Nation Africa and Tuko coverage for further background.
As Head of Legal Claims at Pacis Insurance, Joseph Mwai contributed directly to the drafting of the Insurance (Motor Vehicle Third Party Risks) (Amendment) Act, 2013, requiring faster, 60 day settlement of motor vehicle claims. The reform reshaped how the entire insurance industry handles third party motor claims nationally, moving the sector away from prolonged, unpredictable settlement timelines toward a standard that protects claimants and gives insurers a clear compliance benchmark. It stands as one of the firm's most transformative contributions to the industry, made from inside the sector rather than through litigation alone.
Kilimo cha Haki is our ongoing representation of farmers and rural communities defending land rights, food sovereignty, and sustainable agriculture against exploitative practices and GMO dependency. It is not a single case but a sustained body of advocacy, grounded in the belief that the right to farm on one's own land, free from coercive commercial pressure, is inseparable from the right to dignity and self determination. Watch the video below to hear directly from the movement.