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Kenya decisions
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The High Court dismissed an application seeking the recusal of Musyoki J in ACECA preservation proceedings, holding that adverse rulings, case management decisions and a JSC complaint do not establish bias.
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.
The High Court held that the 1st defendant received Kshs. 708,664 in irregular salary payments from Homabay County and ordered restitution jointly with the 4th defendant, while dismissing the claims against the 2nd and 3rd defendants for lack of proof of their participation.
The Environment and Land Court held that the 1st and 2nd respondents were in contempt for maintaining a restriction on title despite decrees affirmed on appeal declaring the applicant the bona fide owner, and ordered its removal within 14 days.
The High Court upheld a preliminary objection in a petition challenging Nairobi County Assembly appointments, holding that jurisdiction and exhaustion issues barred the claim.
The High Court dismissed a public-interest constitutional petition challenging a Nairobi road-rehabilitation tender award, holding it premature for failure to exhaust statutory procurement and anti-corruption remedies.
Afrison Export Import Ltd & another v Ethics and Ant-Corruption Commission (EACC) (Judicial Review Application E276 & E297 of 2026 (Consolidated)) [2026] KEHC 13012 (KLR) (19 August 2026) (Ruling)
The High Court declined to grant stay because the dispute and the relief sought were anchored in litigation already pending before the Supreme Court and arose from a land compensation matter within the jurisdictional sphere of the Environment and Land Court and appellate courts; the High Court was not seized of the matter and granting stay would amount to abuse of process and an impermissible disguised attempt to suspend implementation of superior-court decisions.
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Arati v Republic (Criminal Appeal E044 of 2025) [2026] KEHC 12579 (KLR) (6 August 2026) (Judgment)
The appeal failed because the prosecution evidence, including the complainant’s partial admissions, recordings, transcripts, treated money, arrest circumstances, and forensic corroboration, sufficiently proved that the appellant solicited and received a bribe while acting as a police officer; the hostile recantation did not erase the complaint or the corroborated evidence, the electronic evidence met statutory requirements, there was no entrapment, and the defence did not rebut the prosecution case.
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Commision v Kaberia & 5 others; Sports (Interested Party) (Civil Suit E028 of 2025) [2026] KEHC 12024 (KLR) (Anti-Corruption and Economic Crimes) (31 July 2026) (Ruling)
The court held that the suit is not statute-barred because it is a recovery action by EACC concerning public property and limitation cannot be conclusively determined without trial. It further held that res judicata was not established because EACC’s recovery claim, based on corruption and procurement illegality, was not litigated and determined in the earlier commercial proceedings, and EACC was not a substantive party when the partial judgment was delivered. Sub judice also failed because the existing proceedings were being case-managed by court directions rather than duplicatively litigate…
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Omondi v Republic (Criminal Appeal E095 of 2023) [2026] KECA 1515 (KLR) (31 July 2026) (Judgment)
The High Court erred in law because it upheld convictions for corruptly receiving benefits arising from the same transactions after the appellant had been acquitted of the antecedent solicitation counts. Binding precedent required the receiving counts to fall with the solicitation counts on these facts.
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