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Wiper Democratic Party v Mohamed & another; Makau (Judgment debtor) [2025] KEHC 10002 (KLR)
The High Court set aside warrants of attachment and proclamation issued against Wiper Democratic Party, finding there was no costs order or taxation basis against it.
Munialo v Comity & another [2025] KEHC 9931 (KLR)
The High Court at Kakamega dismissed an application to review and set aside its earlier orders, holding that the alleged errors were not apparent on the record.
Legal Advice Centre t/a Kituo Cha Sheria v Independent Electoral and Boundaries Commissions & 4 others; United Democratic Alliance & 5 others (Interested Parties) [2025] KEHC 7980 (KLR)
The Court held that conducting political campaigns outside the official election period violates constitutional rights and principles, including equality, equal protection of the law, right to life, freedom from violence, impartiality, right to development, rule of law, and free and fair elections. The Court found that incessant campaigns outside the election period compromise citizens' rights, disrupt economic and social development, and create unfair advantages for certain candidates. However, the Court determined that the current legal framework does not empower the 1st Respondent (IEBC) o…
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Karaba v Reubenson & 2 others; Karaba (Objector) [2025] KEHC 7184 (KLR)
The court found that the objector, by providing documentary evidence of ownership and her financial means, had established a legal interest in the attached property. The burden then shifted to the respondents to rebut this evidence, which they failed to do. The court accepted the objector's explanation for acquisition and ownership of the goods, including the motor vehicle and household items, and found no evidence of fraud or intent to defeat execution. The relationship of marriage and demonstrated means further supported the objector's claim. On a balance of probabilities, the court conclud…
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Kihara v Ajele (Returning Officer Naivasha Constituency) & 2 others [2025] KEHC 7693 (KLR)
High Court allowed a 3rd respondent’s execution application, granting a break-in order to access the petitioner’s homestead for levy of costs, despite a pending appeal.
Likowa v Aluochier & 2 others [2025] KESC 25 (KLR)
The Supreme Court held that the High Court had jurisdiction under Article 165(3) of the Constitution to hear and determine the petition challenging the process leading to the election of the Speaker of the County Assembly of Migori, as the dispute involved alleged violations of constitutional rights and not an election under the Elections Act. The process of nomination and election of the Speaker, governed by County Assembly Standing Orders and the Constitution, constitutes administrative action subject to Article 47, requiring transparency and written reasons for adverse decisions. The Clerk…
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Onderi v Orange Democratic Movement Party; Mbadi & 4 others (Interested Parties) [2025] KEPPDT 5 (KLR)
The Tribunal found that the Complainant had made bona fide attempts to resolve the dispute through the party's internal mechanisms, but these efforts were frustrated by the Respondent and 1st Interested Party, who failed to respond to his repeated requests for a hearing. The Tribunal held that the doctrine of exhaustion did not bar its jurisdiction in these circumstances. On the merits, the Tribunal determined that the process leading to the Complainant's de-whipping was procedurally unfair and violated his rights to fair administrative action and hearing under Articles 47 and 50 of the Const…
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Aramadhani v Barasa & another [2025] KEHC 4279 (KLR)
The High Court dismissed an application for stay of execution over costs, finding that two authentic certificates of costs existed and that the request was an abuse of process.
Ndumba v Returning Officer Kimilili Constituency & another [2025] KECA 636 (KLR)
The High Court correctly relied on Section 12 of the Elections Act and the doctrine of exhaustion of administrative remedies to determine that the appellant's petition, which primarily concerned the omission of his name from the voter register, was prematurely filed before the court as the appellant had not exhausted the statutory dispute resolution mechanisms provided under Section 12 of the Elections Act. Additionally, the court found no compelling reason to depart from the principle that costs follow the event.
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Republic v Independent Electoral & Boundaries Commission (IEBC) & 3 others [2025] KEHC 3471 (KLR)
An order of mandamus can be issued to compel the IEBC to gazette a duly nominated MCA, and subsequently, to compel the County Assembly and Speaker to swear in the nominated MCA, even in the absence of a properly constituted IEBC or prior gazettement, as gazettement is not a mandatory prerequisite for swearing in and withholding it would deny constitutional rights.
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