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Onyango v Nairobi County Hockey Association & 2 others (Tribunal Case E102 of 2025) [2026] KESDT 17 (KLR) (20 August 2026) (Judgment)
The Tribunal nullified Nairobi County Hockey Association elections held on 22 November 2025, finding they were late, procedurally flawed, and void.
Ong'ondo v Independent Electoral Boundaries Commission (IEBC) & another (Civil Appeal E066 of 2025) [2026] KEHC 12186 (KLR) (31 July 2026) (Judgment)
The Court held that the IEBC Committee had jurisdiction to enforce the Electoral Code of Conduct, but it violated Articles 47 and 50 by relying on undisclosed investigative, police, and intelligence reports without giving the appellant access to them, and without a valid claim of privilege under section 131 of the Evidence Act. The Committee's decision and the Kshs. 1,000,000 fine were therefore null and untenable, so the appeal succeeded and the fine had to be refunded.
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Mwaniki v Kihika & 2 others (Constitutional Petition E035 of 2025) [2026] KEHC 12275 (KLR) (30 July 2026) (Ruling)
The preliminary objections succeeded because the petition was, in substance, an election dispute and an impermissible attempt to challenge or undo a gubernatorial election and office-holding outside the legal framework provided by the Constitution and Elections Act. The court held that the objections raised pure points of law, that the petitioner had ignored available electoral and removal mechanisms, that the 28-day election-petition window had long expired, and that the High Court could not bypass the County Assembly/Senate removal process or revive the dispute through continuing violation…
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Kirui & 17 others v Factory & 4 others (Constitutional Petition E004 of 2026) [2026] KEHC 9268 (KLR) (30 June 2026) (Ruling)
The court held that the objection had merit because the respondents' governing instruments and election guidelines provided a dispute resolution mechanism which had not been utilized, making the petition and motion premature. The preliminary objection was therefore allowed and both the notice of motion and the petition were struck out.
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Yator v Institute of Certified Public Accountants of Kenya (ICPAK) & another (Petition E138 of 2020 & E145 of 2021 (Consolidated)) [2026] KEHC 9043 (KLR) (Constitutional and Human Rights) (25 June 2026) (Ruling)
The Court found that although the consolidated petitions were anchored on a regulatory framework that had ceased to exist, the matter remained not entirely spent because the issues raised could still bear on live questions under the new regime and had already been fully canvassed. Given the stage of proceedings, the Court exercised discretion to decline dismissal and held that no prejudice would be caused by allowing determination on the merits.
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Simiyu v Kenya Sugar Board & 15 others (Constitutional Petition E004 of 2026) [2026] KEHC 8920 (KLR) (24 June 2026) (Ruling)
The court held that the petition raised substantive constitutional questions about the Sugar Act, 2024 that were not barred by exhaustion, res judicata, or sub judice at the interlocutory stage, because the earlier Kakamega matter was not a final determination between the same parties on the merits. However, the court found that blanket conservatory relief and a complete dismissal of the election process would prejudice the industry and risk disabling the Board. It therefore preserved status quo, allowed joinder, declined to discharge the dispute by jurisdictional objections, and ordered tran…
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Maelo alias Ambassador v Kenya Sugar Board & 4 others (Constitutional Petition E010 of 2026) [2026] KEHC 9349 (KLR) (24 June 2026) (Ruling)
The Court held that the preliminary objection was properly founded as a pure point of law on jurisdictional and procedural grounds, but the Respondents failed to establish res judicata, exhaustion, territorial jurisdiction, or legislative usurpation. The objection succeeded only partially on sub judice: complaints attacking the constitutionality of the First Schedule to the Sugar Act and the delineation of catchment areas overlap with pending petitions, so those issues could not proceed here. Distinct grievances arising from the 2026 electoral implementation process may proceed on their merit…
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Adhiambo v Agunda & 3 others (Election Petition Appeal 6 of 2018) [2026] KEHC 8457 (KLR) (12 June 2026) (Ruling)
The court held that because the judgment against the applicant was entered jointly and severally, execution could properly be levied against him alone; the challenge had already been raised and determined in the earlier ruling of 12th October 2023, making the fresh application misdirected and res judicata.
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Ndwiga v Independence Electoral and Boundaries Commission (IEBC) & 3 others (Election Petition E002 of 2025) [2026] KEHC 7124 (KLR) (21 May 2026) (Judgment)
The petition failed because the proved irregularities were either isolated, not pleaded, not shown to be widespread or systemic, or not shown to have materially altered the outcome. The court found the election substantially complied with the Constitution and the law, despite proven malpractice on some issues, including an unauthorized register alteration and non-compliant assisted voting records. Those proven breaches did not justify nullification.
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Kiboi v Forum for Restoration of Democracy Kenya (Ford Kenya) & 8 others (Miscellaneous Civil Application E050 of 2024) [2026] KEHC 6197 (KLR) (11 May 2026) (Ruling)
The applicant failed to explain why she waited more than three weeks to seek the ruling and proceedings after delivery, and she did not show that typed proceedings were necessary to file a timely appeal. Although the application was competently filed in this court, the delay was not satisfactorily explained and the matter of nomination had been overtaken by events. Leave to appeal out of time was therefore declined.
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