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Kenya Case Law

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Land law [2026] KEELC 5492 (KLR)

Republic (Ex Parte: Eric Matoke Onyancha) v County Land Registrar, Nyamira & 3 others

The Environment and Land Court at Nyamira granted leave for judicial review of the County Land Registrar's rectification of a land register, declined a stay, and refused injunctive relief within leave proceedings.

  • Leave to apply for judicial review
  • Rectification of the land register
  • Cancellation of title and proprietary rights
  • Fraud in land transfers
  • Stay of administrative decisions
  • Temporary injunctions in judicial review
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Environment and land law [2026] KEELC 5482 (KLR)

Republic v County Land Registrar, Nyamira & 3 others; Onyancha (Ex parte)

The Environment and Land Court granted leave to apply for judicial review of a County Land Registrar's 2025 rectification of the land register, but declined a stay, injunction and expunction of register entries at the leave stage.

  • Leave to apply for judicial review
  • Rectification of land register under section 79(2) land registration act
  • Fraud in land transfers
  • Stay of administrative decisions
  • Availability of injunctions in judicial review
  • Exhaustion of remedies under section 9(4) fair administrative action act
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Tax law [2026] KETAT 356 (KLR)

Equator Bottlers Limited v Commissioner of Domestic Taxes

The Tribunal held that preforms bought by a bottler are raw materials for excisable bottled water, so excise duty paid on them may be offset. It also held the appeal was timely and the Respondent wrongly refused to follow the Tribunal's Kenafric decision.

  • Jurisdiction of tax appeals tribunal
  • Computation of time for notice of appeal under section 77(2) tax procedures act
  • Input excise duty offset under section 14(1) excise duty act
  • Meaning of raw materials
  • Definition of manufacture including intermediate processes
  • Preforms versus packaging materials
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Constitutional law [2026] KEHC 13699 (KLR)

Ogendo & 2 others v Kenya Sugar Board & another

The High Court issued directions in a public interest constitutional petition challenging a Kenya Sugar Board grower election, condensing the interlocutory application, preliminary objection and petition for joint hearing.

  • Enforcement of bill of rights
  • Jurisdiction of high court
  • Ripeness and mootness
  • Exhaustion of alternative remedies
  • Judicial review in the nature of mandamus
  • Conservatory orders
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Constitutional law [2026] KEHC 13713 (KLR)

Ngala & another v Oshwal Education & Relief Board & 2 others

The High Court dismissed a parents' constitutional petition challenging a 6% private school fee increase, holding the dispute was essentially contractual and no violation of Articles 43, 46, 47 or 53 was proven.

  • Locus standi in constitutional petitions
  • Doctrine of constitutional avoidance
  • Right to education (article 43(1)(f))
  • Basic education and children's rights (article 53(1)(b))
  • Fair administrative action (article 47)
  • Consumer rights (article 46)
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Energy law [2026] KEHC 13694 (KLR)

Nyandega t/a Electroconsult v Director General National Council for Science, Research, Technology and Innovation & 2 others

Kenya's High Court upheld a preliminary objection by Kenya Power & Lighting Co. and struck out a consultancy dispute, holding that energy-sector disputes must first go to EPRA and the Energy and Petroleum Tribunal under the Energy Act, 2019.

  • Jurisdiction of the high court
  • Doctrine of exhaustion of statutory remedies
  • Energy and petroleum tribunal original jurisdiction
  • Alternative dispute resolution
  • Preliminary objections
  • Jurisdiction
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Civil procedure [2026] KEHC 13650 (KLR)

Dewdrop Enterprises Ltd v Muthami & another

The High Court allowed a reference against a taxing officer's ruling on a party-and-party bill of costs, finding an error of principle in the instruction fee and unexplained allowance of challenged items, and remitted the bill for reassessment.

  • Taxation of costs
  • Error of principle in taxation
  • Advocates (remuneration) order schedule 6 constitutional petitions
  • Reasons for taxing officer's decision
  • Fair administrative action
  • Fair hearing
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Administrative law [2026] KEHC 13625 (KLR)

Republic v Kenya Wildlife Service; Omondi & another (Representative of the Estate of Suleiman Onyango alias Suleiman Onyango Oduor) (Ex parte Applicant)

The High Court held that Kenya Wildlife Service must pay KES 5,000,000 death compensation already approved under section 25 of the Wildlife Conservation and Management Act, and granted mandamus with costs.

  • Judicial review and mandamus
  • Human-wildlife conflict compensation
  • Statutory duty of public authority to implement approved compensation
  • Article 47 right to lawful administrative action
  • Duty of care in negligence for wildlife attacks
  • Judicial-review
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Constitutional law [2026] KEHC 13665 (KLR)

Wabwoba & another v Ethics and Anti-Corruption Commission & 3 others

Kenya's High Court dismissed a constitutional petition by two county officials seeking to halt investigations and possible charges over alleged obstruction during an anti-corruption search, finding the claims premature and speculative.

  • Right to fair hearing (art. 50)
  • Right to fair administrative action (art. 47)
  • Right to dignity (art. 28)
  • Right to equality and freedom from discrimination (art. 27)
  • Prosecutorial and investigative mandate (art. 157)
  • Statutory immunity of county attorney and solicitor
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Tax law [2026] KETAT 354 (KLR)

Kaka Gas Limited v Commissioner of Legal Services & Board Coordination

The Tribunal allowed a VAT appeal where KRA confirmed assessments without addressing the taxpayer's claim that its seized primary records were in KRA's possession. The objection decision was set aside and remitted for fresh determination.

  • Vat assessment and input vat deduction
  • Burden of proof in tax appeals
  • Duty to give reasons in objection decisions
  • Right to fair administrative action
  • Access to information
  • Production of records under the tax procedures act
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.