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Kenya Case Law

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Public law [2026] KEHC 13706 (KLR)

Republic v Chief Finance Officer Department of Commerce County Government of Vihiga & 2 others

The High Court allowed an application for mandamus compelling Vihiga County officers to settle an unpaid money decree of KSh 3.96 million plus interest and costs, holding that the county could not relitigate the decree's validity in judicial review.

  • Judicial review and writ of mandamus
  • Execution of money decrees against county governments
  • Certificate of order and accounting officer liability
  • Setting aside regular and irregular judgments
  • Legitimate expectation
  • Costs follow the event
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Constitutional law [2026] KEHC 13502 (KLR)

Fatuma Aden Dika & 2 others v Inspector General of Police & 3 others

The High Court dismissed a petition seeking habeas corpus, disclosure orders and compensation over alleged abductions, finding no proof of custody by the police or DPP involvement.

  • Habeas corpus
  • Enforced disappearance
  • Unlawful detention
  • Party joinder
  • Burden of proof
  • State liability
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Judicial review [2026] KEELC 5438 (KLR)

Republic v County Government of Nairobi; Wang’endo & another (Ex parte Applicants)

The court granted mandamus compelling Nairobi County to pay a judgment debt and taxed costs, rejecting lack of budgetary allocation as a defence.

  • Mandamus
  • Enforcement of decree against government
  • Certificate of order against government
  • Taxed costs
  • Budgetary allocation as defence
  • County government liability
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Public law [2026] KEHC 13641 (KLR)

Ndirangu v Principal Secretary Ministry of Interior and National Administration & another

The High Court held that mandamus lies to compel Government officers to pay a monetary decree against the Government, since section 21(4) of the Government Proceedings Act bars execution, and awarded KES 921,350 with interest plus costs.

  • Enforcement of monetary decrees against the government
  • Mandamus
  • Government proceedings act section 21
  • Access to justice under article 48
  • Execution against the government
  • Costs
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Administrative law [2026] KEELC 5495 (KLR)

Joseph Sayi Maina (Suing on behalf of 127 Others) v County Government of Nairobi Executive Committee & 5 others

The Court held that a consent decree on resettling squatters remains binding and directed the Nairobi County respondents to comply within six months and report progress, but declined damages.

  • Mandamus
  • Enforcement of consent orders/decrees
  • Resettlement of squatters and displaced persons
  • Fair administrative action
  • Locus standi and public duty
  • Award of damages in judicial review
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Constitutional law [2026] KEHC 13446 (KLR)

Dr Magare-gikenyi B & 3 others v Presidential Taskforce on Technical Working Group on Gender-Based Violence (GBV) including Femicide & 55 others

The High Court upheld the President’s power to create an advisory GBV taskforce, found no unconstitutional usurpation of commission functions, and dismissed the petition.

  • Executive authority
  • Taskforce legality
  • Independent commissions
  • Legitimate expectation
  • Leadership and integrity
  • Presidential immunity
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Constitutional law [2026] KEHC 13419 (KLR)

Mathare Social Justice Centre & another v Bore, Cabinet Secretary for Labour & Social Protection & 8 others

The High Court held that the Community Groups Registration Act, 2022 was enacted without meaningful public participation and suspended invalidity for six months.

  • Public participation in legislation
  • Void for vagueness
  • Freedom of association
  • Access to information
  • Devolved functions versus national legislation
  • Judicial review/remedies
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Land law [2026] KEELC 5413 (KLR)

Chege Wainaina v National Land Commission & Kenya National Highways Authority

The court ordered payment of the outstanding compulsory acquisition balance with interest, but rejected claims for lost income and exemplary damages for lack of proof.

  • Prompt and just compensation
  • Balance of compulsory acquisition award
  • Interest on unpaid compensation
  • Special damages for loss of income
  • Exemplary damages
  • Injunction against possession and vesting
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Constitutional law [2026] KEHC 13412 (KLR)

Gatari & 5 others v Chief of the Kenya Defence Forces & another

The High Court dismissed a constitutional petition by former KAF officers over alleged 1982 coup-era torture and detention, holding the 40-year delay was inordinate and unexplained.

  • Historical injustice
  • Torture and cruel, inhuman or degrading treatment
  • Unlawful detention without trial
  • Delay/laches in constitutional petitions
  • Dismissal from armed forces
  • Transitional justice
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Constitutional law [2026] KEHC 13404 (KLR)

Mamo & 4 others v Cabinet Secretary, Ministry for the National Treasury and Economic Planning & 10 others

The High Court dismissed a contempt motion over Lapfund board orders, holding the application was moot after resignations and term expiries, and was filed too late.

  • Enforcement of court orders
  • Civil contempt elements
  • Knowledge of court orders
  • Willful disobedience
  • Mootness
  • Expiry of term and resignation
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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.