Kenya Case Law

Matey v Safaricom PLC

Court

High Court

Case number

Constitutional Miscellaneous Application E043 of 2026

Judge

D Mburu

The High Court partly allowed a subscriber's application compelling Safaricom to disclose access logs and records of requests for her mobile numbers and M-Pesa data, holding that Articles 31 and 35 and the Data Protection Act apply, but refusing to order creation of non-existent records.

• Right to privacy under article 31 of the constitution
• Right of access to information under article 35 of the constitution
• Access to information act, 2016, sections 4, 5, 8 and 9
• Data protection act, 2019, sections 25 and 26
• Disclosure of subscriber and m-pesa account information
• Court-compelled production of records within a party's possession, custody or control

Kangogo v County Government Workers Union (K) & 2 others

Kangogo v County Government Workers Union (K) & 2 others (Constitutional Petition E026 of 2026) [2026] KEELRC 2427 (KLR) (20 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition E026 of 2026

Judge

["JW Keli"]

The Petition failed because the Court found that the election date was lawfully rescheduled by the union’s competent organ with proper notice, the Petitioner had notice of the revised date when she expressed interest, no legitimate expectation arose, the Kshs. 3,000,000 nomination fee had been validly adopted by the union’s delegates, and the personal-details requirement in nomination forms was a reasonable and justifiable limitation. The Court therefore declined to interfere with the union’s constitutionally protected electoral autonomy and dismissed the Petition.

Source excerpt

• Locus standi
• Legitimate expectation
• Trade union electoral autonomy
• Internal dispute resolution
• Nomination fees
• Fair administrative action

WPP Scangroup PLC & another v Data Commissioner & 2 others

Court

High Court

Case number

Civil Appeal E1282 of 2024

Judge

FR Olel

Kenya's High Court allowed an appeal, setting aside the Data Commissioner's award of KES 1.95 million because a parallel High Court suit on the same investigation and privacy issues was filed first.

• Data subject access requests
• Sub judice rule
• Legal professional privilege
• Lawful processing and data minimization
• Legitimate interest as lawful basis
• Compensation for data protection breaches

Kenya Aviation Workers Union v Africa Global Logistics (Kenya) Ltd

Kenya Aviation Workers Union v Africa Global Logistics (Kenya) Ltd (Petition E273 of 2025) [2026] KEELRC 2404 (KLR) (14 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E273 of 2025

Judge

["M Mbarũ"]

The court held that section 57(2) of the Labour Relations Act entitled the petitioner to relevant information for effective collective bargaining, but not a wholesale disclosure of all names and individual identifying particulars. Balancing Article 41 rights against Article 31 privacy and the Data Protection Act, the court found that anonymised, aggregated workforce information by designation and grade, together with a list of unionisable employees on the shop floor, was sufficient to enable bargaining. It therefore ordered disclosure limited to that extent and declined to compel release of i…

Source excerpt

• Collective bargaining
• Disclosure of information in cba negotiations
• Access to information
• Privacy and personal data
• Outsourced labour and shop floor rights
• Recognition agreements

Onyango & another v National Transport and Safety Authority (NTSA) & 3 others

Onyango & another v National Transport and Safety Authority (NTSA) & 3 others (Petition E492 of 2026) [2026] KEHC 12815 (KLR) (Constitutional and Human Rights) (11 August 2026) (Ruling)

Court

High Court

Case number

Petition E492 of 2026

Judge

["PM Nyaundi"]

The applicants did not displace the respondents’ position that the e-Logbook is derived from an existing electronic motor vehicle register with statutory foundation, and they failed to demonstrate sufficient urgency or constitutional injury to justify broad suspension of the programme. The court therefore applied the preservative purpose of conservatory relief and granted only limited protection: physical logbooks remain valid and cannot be permanently discontinued or invalidated pending the petition.

Source excerpt

• Conservatory orders
• Public participation
• Digital governance
• Privacy and data protection
• Validity of physical logbooks
• Administrative modernization

Wanjau v Wananchi Group (Kenya) Ltd

Wanjau v Wananchi Group (Kenya) Ltd (Petition E438 of 2025) [2026] KEHC 12308 (KLR) (Constitutional and Human Rights) (3 August 2026) (Ruling)

Court

High Court

Case number

Petition E438 of 2025

Judge

["RE Aburili"]

The Court held that although the Petition was framed as a constitutional claim, the Petitioner’s grievance over unauthorized use of his image fell within the statutory framework of the Data Protection Act, which provides an available and effective first-instance mechanism. The Petitioner did not exhaust that mechanism or show any exception to exhaustion. The Court therefore upheld the preliminary objection, struck out the Petition, and held that it need not resolve the deeper copyright-versus-image-right dispute at first instance.

Source excerpt

• Right to dignity
• Right to privacy
• Image and personality rights
• Copyright versus personality rights
• Jurisdiction of the high court
• Exhaustion doctrine

Mwaniki t/a Millow Closet Kenya v Kimeli

Mwaniki t/a Millow Closet Kenya v Kimeli (Commercial Case E520 of 2024) [2026] KEHC 12118 (KLR) (Commercial and Tax) (30 July 2026) (Ruling)

Court

High Court

Case number

Commercial Case E520 of 2024

Judge

["BW Murunga"]

The Applicant failed to prove that the audio recording was unlawfully obtained or that his privacy rights were infringed. The Respondent was a participant in the conversation, the recording was produced with a proper certificate of electronic evidence, and the Data Protection Act permits processing for legal claims. The objection was premature at the interlocutory stage and did not justify expunging the recording.

Source excerpt

• Admissibility of electronic evidence
• Certificate of electronic evidence
• Right to privacy
• Recording of conversations by participant
• Burden of proof
• Interlocutory evidentiary objections

Kaunda v Unga Ltd

Kaunda v Unga Ltd (Petition E182 of 2025) [2026] KEELRC 2225 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E182 of 2025

Judge

["M Mbarũ"]

The court held that the respondent established a genuine and lawful basis for the disciplinary action and summary dismissal, namely the petitioner’s receipt of Ksh. 560,144 from suppliers/transporters in breach of the applicable employment contract, Code of Conduct, and HR Policy. The court further held that the respondent accessed the relevant financial data through a lawful process supported by a police report and a court order, so no violation of privacy or data protection rights was proved. Because the petitioner was issued with a notice to show cause, invited to and attended a disciplina…

Source excerpt

• Summary dismissal
• Fair hearing
• Fair administrative action
• Privacy and personal data access
• Gross misconduct
• Certificate of service

Outlook Index Limited v Githure

Outlook Index Limited v Githure (Civil Appeal E909 of 2025) [2026] KEHC 12706 (KLR) (30 July 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E909 of 2025

Judge

["WA Okwany"]

The Commissioner failed to sufficiently explain the basis for awarding Kshs.250,000 and did not demonstrate that the sum was anchored on identifiable criteria, the nature of the damage, or the mitigating circumstances shown on record. Because the award was made without adequate reasoning and without analysis of the actual loss or distress proved, the appellate court was entitled to interfere and substitute a lower award, while still vindicating the respondent’s statutory rights.

Source excerpt

• Right of access to personal data
• Quantum of compensation
• Appellate interference with damages
• Non-financial loss
• Reasoned administrative decisions

Ngure t/a Dasken Enterprises v Total Kenya Ltd & another

Ngure t/a Dasken Enterprises v Total Kenya Ltd & another (Commercial Case E475 of 2020) [2026] KEHC 12256 (KLR) (Commercial and Tax) (27 July 2026) (Judgment)

Court

High Court

Case number

Commercial Case E475 of 2020

Judge

["JWW Mong'are"]

The Plaintiff proved on a balance of probabilities that Total continued using his business name and KRA PIN after the MLA had ended, thereby generating tax liabilities in his name without his consent. Because Total retained possession of the station's trading records and benefitted from the transactions, it was responsible for accounting for and settling the resulting VAT, PAYE, income tax and related statutory obligations. KRA acted within its mandate in assessing the registered PIN holder, but upon proof of settlement by Total it had to delete, expunge or apportion the liabilities from the…

Source excerpt

• Unauthorized use of business name and pin
• Tax liabilities borne from post-termination trading
• Vat, paye and income tax accounting
• Kra portal access and assessment
• Privacy and property rights
• Contra proferentem interpretation of contract