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Criminal Law [2025] KEHC 10614 (KLR)

Ng’ang’a v Director of Public Prosecution & 2 others

Ng’ang’a v Director of Public Prosecution & 2 others [2025] KEHC 10614 (KLR)

The court found that the applicant failed to provide tangible evidence of a real or imminent threat to his fundamental rights. The allegations of threats and harassment were deemed speculative and unsupported by specific facts or details. The court noted that the applicant had already been arrested, arraigned, and released on bond in related proceedings, and that there was no evidence of ongoing or new violations of his rights. The application for anticipatory bail was therefore found to lack constitutional underpinning and merit, as the applicant's apprehension was not substantiated by credi…

  • Anticipatory Bail
  • Right To Liberty
  • Threatened Arrest
  • Bail And Bond Policy
  • Fundamental Rights
  • Judicial Discretion
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Constitutional Law [2025] KEHC 10363 (KLR)

Ouma & another v Orengo & 11 others

Ouma & another v Orengo & 11 others [2025] KEHC 10363 (KLR)

The court found that the Petitioners failed to discharge the burden of proof required to demonstrate that the 1st, 2nd, and 3rd Respondents violated constitutional or statutory provisions in the nomination, vetting, and appointment of the 4th to 12th Respondents as County Executive Committee members. The court emphasized that the County Assembly is vested with exclusive authority to vet and approve such appointments, and that judicial intervention is only warranted where there is clear evidence of procedural impropriety, illegality, or constitutional breach. The Petitioners did not provide do…

  • County Executive Appointments
  • Separation Of Powers
  • Leadership And Integrity
  • Public Service Appointments
  • Burden Of Proof
  • Exhaustion Of Remedies
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Constitutional Law [2025] KEHC 10568 (KLR)

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae)

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae) [2025] KEHC 10568 (KLR)

The court found that IMEI numbers, once associated with individuals through device registration and network activation, constitute personal data protected under Article 31 of the Constitution and the Data Protection Act. The impugned notices by the 1st and 2nd respondents, which required the collection, processing, and storage of IMEI numbers, lacked a clear legal basis and failed to comply with statutory requirements, including the need for guidelines, public participation, and a data protection impact assessment. The respondents did not demonstrate that the limitation of the right to privac…

  • Right To Privacy
  • Data Protection
  • Administrative Action
  • Statutory Instruments
  • Public Participation
  • Proportionality Test
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Constitutional Law [2025] KEHC 10658 (KLR)

Achieng & 2 others v Cabinet Secretary, Ministry of Interior and Coordination of Government & 2 others

Achieng & 2 others v Cabinet Secretary, Ministry of Interior and Coordination of Government & 2 others [2025] KEHC 10658 (KLR)

The court found that the respondents failed to provide any evidence or substantive response to justify the removal of Mr. Ekunpa from Kenya. The respondents did not demonstrate that Mr. Ekunpa fell within any category of prohibited immigrant or inadmissible person under section 33 of the Kenya Citizenship and Immigration Act, nor did they provide proof of a valid deportation order or notice. The uncontroverted evidence showed that Mr. Ekunpa was lawfully in Kenya and was removed without being informed of the reasons or given an opportunity to respond, in violation of articles 47 and 50(1) of…

  • Deportation Procedure
  • Fair Administrative Action
  • Family Rights
  • Parental Care
  • Due Process
  • Right To Fair Hearing
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Constitutional Law [2025] KEHC 10457 (KLR)

Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party)

Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party) [2025] KEHC 10457 (KLR)

The High Court held that while the Sports Disputes Tribunal has exclusive jurisdiction over sports governance and administrative compliance matters, it does not have jurisdiction to determine constitutional violations or grant constitutional remedies. The doctrine of res judicata does not bar the present petition because the constitutional issues raised—namely, violations of Articles 27, 38, and 47—could not have been determined by the Tribunal. The Court found that the dual-signature requirement in Regulation 4 of the NOC-K Election Rules and Regulations 2025, as applied, created direct disc…

  • Political Rights
  • Equality And Non Discrimination
  • Fair Administrative Action
  • Sports Governance
  • Jurisdiction Of Tribunals
  • Res Judicata
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Civil Procedure [2025] KECA 1307 (KLR)

State Law Office v Kibira

State Law Office v Kibira [2025] KECA 1307 (KLR)

The court found that while the delay in filing the appeal was approximately four months and not trivial, it was not so inordinate as to automatically disqualify the applicant from relief. The explanation for the delay, though not compelling, did not amount to inexcusable neglect or bad faith. The applicant had complied with initial procedural requirements, including timely filing of the Notice of Appeal and obtaining a Certificate of Delay. The intended appeal raised significant issues regarding the balance between private property rights and public interest in aviation safety, which warrante…

  • Extension Of Time
  • Appeals Process
  • Aviation Safety Regulation
  • Demolition And Compensation
  • Public Interest Vs Private Rights
  • Judicial Discretion
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Land And Property [2025] KEELC 5400 (KLR)

Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties)

Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties) [2025] KEELC 5400 (KLR)

The court found that the process by which the boundaries between the petitioners' land (Kisumu/Koguta East/585) and the neighbouring parcels (576 and 579) were determined was fundamentally flawed and unlawful. The Interested Parties and the 3rd Respondent (Principal Magistrate) did not follow the statutory procedure for boundary determination as set out in Sections 18 and 19 of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations, 2017. The process was initiated and executed through ex parte court orders without notice or hearing to the petitioner…

  • Boundary Disputes
  • Fair Administrative Action
  • Natural Justice
  • Land Registration
  • Procedural Fairness
  • Property Rights
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Constitutional Law [2025] KEHC 10510 (KLR)

Mwangi v Directorate of Criminal Investigations & another; Tegeret (Interested Party)

Mwangi v Directorate of Criminal Investigations & another; Tegeret (Interested Party) [2025] KEHC 10510 (KLR)

The court found that the applicant failed to establish a prima facie case with a likelihood of success or demonstrate that the issuance of conservatory orders was necessary to preserve the substratum of the dispute. The investigations were initiated following a formal complaint and were within the respondents' lawful mandate. The applicant had participated in the process, including recording a statement and submitting documents. Allegations of malice and procedural unfairness were not substantiated. The court emphasized that the mere fact of being under investigation or being released on cash…

  • Conservatory Orders
  • Fair Administrative Action
  • Investigative Powers
  • Land Ownership Disputes
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Civil Procedure [2025] KEHC 10446 (KLR)

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party)

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party) [2025] KEHC 10446 (KLR)

The Court found that the Interested Party was properly served with the judicial review application and subsequent motions via email, as permitted by the Civil Procedure Rules. The Interested Party did not provide credible evidence to rebut the affidavit of service or to show that their advocate was not served. The ex parte orders issued on 25th June 2025 were therefore regular and lawful. The Interested Party failed to act diligently to protect their interests and instead engaged in conduct contrary to the court process, including forcefully accessing the church premises. The right to worship…

  • Service Of Process
  • Ex Parte Orders
  • Joinder Of Parties
  • Freedom Of Worship
  • Injunctive Relief
  • Costs Award
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Land And Property [2025] KEELC 5370 (KLR)

Keny & 7 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 4 others

Keny & 7 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 4 others [2025] KEELC 5370 (KLR)

The court found that the National Land Commission had substantially complied with the structural interdict orders issued in the 2018 judgment, having filed the required list of beneficiaries after a process involving relevant stakeholders. While the Petitioners raised objections regarding exclusion from the list and alleged lack of transparency, the court determined that these grievances pertained to the process and legitimacy of the report, which should be addressed in a different forum. The court emphasized that all procedural steps outlined in the precedent on structural interdicts were fo…

  • Eviction And Resettlement
  • Right To Property
  • Structural Interdicts
  • Public Land Management
  • Compensation For Eviction
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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.