High Court Rules Personal Branding of Taxpayer-Funded Projects Unconstitutional

The High Court in Kajiado has declared that personal branding of projects financed with public money breaches Kenya’s constitutional principles on the use of public resources and has ordered the removal of such branding from publicly funded developments in Kajiado North.

The judgment follows a petition filed by lawyer Shadrack Wambui on behalf of the advocacy group Sheria Mtaani against Kajiado North Member of Parliament Onesmus Ngogoyo, alleging that roads, schools and dispensaries were being used as personal political billboards.

In its determination the court held that attaching a politician’s name, image or slogan to publicly financed infrastructure contravenes constitutional values governing the management of public resources and undermines accountability.

The court also ordered the immediate removal of all personal name branding from taxpayer-funded projects in the constituency, but stated it was not satisfied that the petitioner had discharged the burden of proof that Ngogoyo, either personally or through his agents or servants, allowed the signage to be put on the projects, saying “I am not satisfied that the petitioner has discharged the burden of proof that he, whether by himself or through his agents or servants, allowed the signage to be put on taxpayer-funded projects.”

The petition noted that several of the branded projects were reportedly initiated before Ngogoyo assumed office, questioning the attribution of long-standing developments to the MP.

By declaring the practice unconstitutional, the ruling sets a judicial precedent against the use of state-funded infrastructure for individual political promotion across Kenya.