Bahati Mwamuye is a Kenyan High Court Judge and a distinguished, active legal practitioner who has risen through a commitment the social justice and legal fairness.
Mwamuye has emerged as a prominent figure in Kenya’s High Court, with a series of decisions touching on constitutional rights, government powers, public appointments, and the interpretation of legislation.
His latest ruling came on September 21, when he declared several provisions of the Presidential Retirement Benefits Act unconstitutional, including provisions that restrict retired presidents from political party leadership and allow their retirement benefits to be reduced or withdrawn under certain circumstances.
Education and Career Before the Judiciary
Mwamuye holds a Bachelor of Laws degree from the University of Manchester, which he completed in 2005, followed by a Postgraduate Diploma in Law from the Kenya School of Law in 2007. He was admitted to the Roll of Advocates in 2008.
He joined the Kenya Revenue Authority in 2007 as a Revenue Officer and later became a Legal Officer between 2011 and 2012.
Mwamuye worked as a Senior Tax Associate at Iseme, Kamau and Maema Advocates before becoming a partner at Mwamuye, Kimathi and Kimani Advocates.
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In 2012, he moved into private legal practice and served as a Senior Tax Associate at Iseme, Kamau and Maema Advocates, one of Kenya’s leading commercial law firms.
He later became a partner at Mwamuye, Kimathi and Kimani Advocates, where he expanded his expertise in litigation, corporate law and advisory services.
In 2018, he established and headed Bahati Mwamuye and Associates as Managing Partner. He remained at the helm of the firm until his appointment to the High Court in 2024.
During the same period, he served as a member of the National Environment Tribunal from 2016 to 2023, handling environmental disputes and regulatory appeals.
He is a member of the Law Society of Kenya (LSK) and the East African Law Society (EALS).
Mwamuye was appointed to the High Court in 2024 after being selected through the Judicial Service Commission recruitment process. The JSC’s 2024 publication lists him among the newly appointed High Court judges.
Justice Mwamuye is also a recipient of the national honor of Moran of the Order of the Burning Spear (MBS).
Major Rulings That Put Him in Spotlight
Since joining the bench, Mwamuye has presided over cases involving the exercise of state power and constitutional protections.
In January 2026, he declared the creation of offices for 21 presidential advisers unconstitutional, finding that the process used to establish the positions and appoint their occupants was unlawful.
In March, he quashed corruption charges against Trans Nzoia Governor George Natembeya, finding violations in aspects of his arrest and investigation. The judge held that denying Natembeya access to his lawyers during his arrest violated his constitutional rights and that investigators had obtained his M-Pesa records through an unlawful process. The court also awarded him KSh2.5 million in general damages.
In May, Mwamuye delivered a significant judgment on the application of the Sexual Offenses Act to consensual relationships between adolescents of close ages. The court directed authorities to distinguish between consensual, non-coercive and non-exploitative conduct and cases involving coercion, exploitation, abuse or power imbalance.
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On September 21, 2026, he declared Sections 4(1), 4(2), 4(3) and the entirety of Section 6 of the Presidential Retirement Benefits Act unconstitutional, null and void. He also barred Parliament from using the challenged provisions to reduce or withdraw from a former president’s retirement benefits.
Mwamuye held that retirement benefits enjoy constitutional protection and that ordinary legislation cannot override constitutional safeguards.
Family
He has maintained a private life, so little information is available about his family.
Net Worth
Currently, no public records are available regarding his net worth. However, according to the Salaries and Remuneration Commission (SRC), a High Court judge is entitled to a starting salary of KSh657,426 with an annual increment of KSh22,714 and a maximum salary of KSh907,279.
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