Personal branding of taxpayer-funded projects is illegal, court finds
National
By
Kamau Muthoni
| Oct 28, 2026
Barely can one fail to see images and names of politicians in virtually all projects, including motorbike shades made of counted iron sheets and wooden poles.
However, this will be a thing of the past after the High Court declared that personal branding of projects funded from taxpayers’ pockets is unconstitutional and illegal.
“Branding of public-funded projects is prohibited. The same was supported by the EACC directive and the directive by the Senate’s committee on devolution,” said Justice Patricia Leparashao.
At the heart of the case is the current Kajiado North MP Onesmus Ngogoyo.
In the case, Sheria Mtaani, a lobby group led by lawyer Shadrack Wambui, argued that the MP had put his name and face on several projects.
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The court heard that in some instances, the writings and the image dwarfed the essential information needed on the projects.
“In many instances, his portrait and name consume a disproportionate portion of the signage, dwarfing essential public information, and converting public projects into instruments of private political aggrandisement. This conduct is antithetical to the constitutional dictates of good governance, public trust, and fair competition in political processes,” argued Wambui.
He pointed out that this was also prevalent in projects funded through the National Government Constituency Development Fund (NGCDF).
He maintained that MPs have no powers or role in managing how the fund ought to be used.
“Members of Parliament hold no executive or administrative role in the implementation of NGCDF projects, save for oversight in accordance with constitutional and statutory parameters. The branding of such projects with a member’s personal image, name, or political messaging amounts to an improper appropriation of public resources for private political advantage, is devoid of justification in law, and constitutes a grave affront to constitutional governance,” he continued.
In his response, Ngogoyo urged the court to dismiss the case. He was of the view that Sheria Mtaaini had no authority or powers to sue on behalf of the public or pursue public interest.
He denied financing or being involved in branding NGCDF projects or putting up branding materials on roads.
On the flip side, he said the National Construction Authority (NCA) Site Board Guide specifies the required details to be displayed on project sites, which include the project title, location, implementing agency, and contractor, but not personal names or images of politicians.
“The Leadership and Integrity Act (Cap 185C reinforces the expected conduct of public officers, prohibiting actions that compromise public interest in favor of personal interests. No evidence has been rendered by the Petitioner that the first espondent directed or informed the decision of branding of his name in any government project,’ he replied.
The lawmaker said that he was aware that in May 2025, the Senate's Devolution and Intergovernmental Relations Committee explicitly condemned the practice, terming it unconstitutional and unethical.
He also claimed that neither the Kenya Urban Roads Authority (KURA) nor the Kenya Rural Roads Authority (KeRRA) had pursued him over the issue raised in court.
“The first respondent has always been cognizant of Article 231 (4) of the constitution which prohibits the portrait of any individual on currency, and by extension, the 1st Respondent believes that this principle is applied to public projects to prevent self-aggrandizement. The practice of branding of National Government projects negates constitutional dictates of good governance and public trust,” replied Ngogoyo.