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The court granted mandamus compelling Nairobi County to pay a judgment debt and taxed costs, rejecting lack of budgetary allocation as a defence.
Iriaini Tea Factory Company Ltd v County Assembly of Nyeri & 3 others (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2026] KEELC 5332 (KLR) (12 August 2026) (Ruling)
The applicant produced a lease agreement and showed it was directly affected by the county assembly committee's decision, which was made by a public body and therefore raised an arguable public law dispute fit for judicial review. Leave was therefore granted, but because of the environmental concerns, the court declined to order stay and directed that the substantive judicial review be fast-tracked.
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Rural Private Hospitals Association of Kenya (RUPHA) v Mombasa County & 46 others (Petition E189 of 2021) [2026] KEHC 12881 (KLR) (Constitutional and Human Rights) (11 August 2026) (Judgment)
The Court held that RUPHA, as a society registered under the Societies Act, lacked legal capacity to institute the Petition in its own name, and that defect went to the root of jurisdiction and could not be cured by Article 159. The Court further held that the Petition was res judicata because the same core dispute over county single business permit fees on private medical/pharmaceutical premises had already been conclusively determined in prior litigation, especially Kenya Pharmaceutical Association v Nairobi City County & 46 Others. On that basis, the Petition could not be reopened and was…
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Karira v County Government of Uasin Gishu (Commercial Case E4817 of 2025) [2026] SCC 185 (KLR) (31 July 2026) (Ruling)
The court held that it had jurisdiction to issue the certificate sought because the application was ancillary to enforcement of its own decree. The statutory scheme under section 21 of the Government Proceedings Act, as applicable to county governments, makes the certificate the necessary mechanism for satisfaction of a judgment against a government entity. The preliminary objection therefore failed and the enforcement application succeeded.
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Blue Bells Properties Ltd v County Government of Mombasa (Environment and Land Case 29 of 2016) [2026] KEELC 4947 (KLR) (30 July 2026) (Judgment)
The Defendant acted unlawfully by demolishing the Plaintiff’s house without first invoking the mandatory procedure under section 120 of the Public Health Act and without judicial authorization. The demolition was therefore irregular, unlawful, and in contravention of Article 40. The Plaintiff proved entitlement to reconstruction costs, partial compensation for destroyed household items, and general damages for trespass and loss of user, but not exemplary damages.
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Republic v County Secretary, County Government of Meru & 4 others; Kaburu t/a Mwirigi Kaburu & Company Advocates (Ex parte Applicant) (Environment and Land Case Judicial Review Application E013 of 2024) [2026] KEELC 4934 (KLR) (29 July 2026) (Ruling)
Because the County Executive Committee Member responsible for Finance and Economic Planning had fully settled the judgment sum, the basis for continued contempt enforcement fell away. The court therefore discharged the contemnor, vacated the order requiring attendance for sentencing, and marked the file closed.
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Ogalo & another v Odhiambo & another (Civil Appeal E021 of 2025) [2026] KECA 1331 (KLR) (10 July 2026) (Judgment)
The County Government failed to prove any lawful process of repossession, so it had no authority to reallocate the suit property to the Appellants; accordingly, the Appellants’ occupation was unlawful and the trespass-based recovery orders stood, but the monetary awards for loss of user and aggravated damages were set aside for want of strict proof and proper foundation.
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Asin (Representing Residents of Pinebrook Premier Villas – Kajiado) v Cherd Africa Ltd & another (Environment and Planning Civil Case E001 of 2026) [2026] KEELC 4383 (KLR) (9 July 2026) (Ruling)
The court held that it had jurisdiction because the 2nd Defendant, a public authority exercising statutory power, was not a party to the private mediation/arbitration clause and the dispute arose from public enforcement notices; the Plaintiff had sufficient authority from residents to sue; interim restraint against the County was necessary to prevent displacement pending determination; but the prayers compelling the 1st Defendant to keep providing exhauster services and to install individual septic tanks were not proved to the exceptional standard required for interlocutory mandatory relief.
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Republic v Narok County Government & another; Adventures Aloft Kenya Limited & 2 others (Ex parte) (Environment and Land Judicial Review Case E002 of 2026) [2026] KEELC 4355 (KLR) (9 July 2026) (Judgment)
The court held that the application was within jurisdiction because leave had already been granted and the Interested Party did not challenge that order; exhaustion and forum shopping objections did not oust jurisdiction. On the merits, the Respondent failed to reconcile the approval with the Management Plan, failed to show that affected stakeholders were notified or heard, and failed to justify departure from its own policy framework. The approval therefore suffered procedural impropriety and breached legitimate expectation, warranting certiorari and a limited prohibition, but not declarator…
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Kipkemboi & 4 others v Attorney General & 12 others (Petition E003 of 2026) [2026] KEHC 10357 (KLR) (7 July 2026) (Ruling)
The Petitioners demonstrated exceptional circumstances and irreparable harm sufficient for conservatory relief, and the Court found the County Government of Uasin Gishu to be a necessary party because it directly regulates, controls, and enforces alcoholic drinks within the county. Since joinder would not prejudice the other parties and was necessary for complete adjudication, leave to join the County Government and amend the petition was granted. The two motions were therefore allowed.
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