Kenya Case Law

Yaqoob & 6 others v Republic

Yaqoob & 6 others v Republic [2025] KEHC 7119 (KLR)

Court

High Court

Case number

Criminal Appeal E022 of 2023

Judge

WM Kagendo.

The High Court found that the trial was marred by multiple and serious procedural and constitutional violations. The evidence relied upon by the prosecution was obtained without a search warrant or proper justification for warrantless search, in breach of statutory and constitutional requirements. The chain of custody and origin of the key exhibits were not established, with conflicting testimony among investigating officers regarding the recovery of the initial suspicious package. Confessions allegedly made by the appellants were obtained under duress, in the absence of proper translation, l…

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• Trafficking In Narcotic Drugs
• Admissibility Of Evidence
• Maritime Jurisdiction
• Rights Of Foreign Nationals
• Search And Seizure Procedure
• Fair Trial Rights

Nyasimi v Huyer & 3 others

Nyasimi v Huyer & 3 others [2025] KECA 758 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E560 of 2021

Judges

W Karanja, J Mohammed, WK Korir

The Court of Appeal held that the 1st and 3rd respondents, being an international organization (ILRI) and its employee, were entitled to immunity from legal process in Kenya for acts performed in their official capacity, as provided under the Host Country Agreement and the Privileges and Immunities Act. The Court found that the immunity was not altered or limited by Legal Notice No. 2 of 2001, and that the appellant’s claim, arising from alleged libel committed in the course of official duties, fell squarely within the scope of the immunity. The Court further held that the appellant failed to…

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• Diplomatic Immunity
• Libel And Defamation
• Jurisdiction Of Courts
• Exhaustion Of Alternative Remedies
• Host Country Agreements
• Access To Justice

Metho v Governor Nyandarua & 4 others; Ethics & Anti-Corruption Commission & 3 others (Interested Parties)

Metho v Governor Nyandarua & 4 others; Ethics & Anti-Corruption Commission & 3 others (Interested Parties) [2025] KEHC 4361 (KLR)

Court

High Court

Case number

Constitutional Petition E012 of 2024

Judge

KW Kiarie

The High Court at Nyandarua lacks jurisdiction to hear a petition and related applications that stem from and seek to interfere with proceedings currently pending before the High Court at Nyahururu. The appropriate forum for such applications is the court seized of the original matter.

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• Public Finance Management
• Public Procurement Irregularities
• County Government Oversight
• Mediation Agreement Legality
• Fraud And Corruption
• Judicial Jurisdiction

Gichuki v County Government of Nairobi & 6 others

Gichuki v County Government of Nairobi & 6 others [2025] KEHC 2364 (KLR)

Court

High Court

Case number

Petition E222 of 2023

Judge

LN Mugambi

Section 43 of the Nairobi County Alcoholic Drinks Control and Licensing Act is unconstitutional because it is inconsistent with the Public Finance Management Act, which, as authorized by the Constitution, is the legislation that should provide for the establishment and management of county public funds other than the County Revenue Fund. Furthermore, Section 43 fails to incorporate the principles of good governance, transparency, and accountability required by the Constitution and detailed in the Public Finance Management Act.

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• County Public Funds
• Public Finance Management
• Liquor Licensing
• County Legislation Compliance
• Board Appointments
• Judicial Review

Embassy of the Kingdom of Belgium in Nairobi v Mande

Embassy of the Kingdom of Belgium in Nairobi v Mande [2025] KECA 214 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 184 of 2019

Judges

PO Kiage, LA Achode, GV Odunga

The Court of Appeal dismissed an interlocutory appeal on diplomatic immunity, holding the trial court was right to defer a conclusive jurisdiction ruling pending fuller facts.

• Diplomatic Immunity
• Employment Termination
• Jurisdiction Of Courts
• Constitutional Rights Limitation
• Diplomatic-immunity
• Employment-termination

Republic v Yoma & 11 others

Republic v Yoma & 11 others [2025] KEHC 646 (KLR)

Court

High Court

Case number

Criminal Case E074 of 2022

Judge

MW Muigai

The High Court granted the ODPP 30 days to pursue arrest of the absent 11th accused and amend charges before plea-taking in this criminal case.

• International Crimes
• Command Responsibility
• Plea Taking Procedure
• Absconding Accused
• Amendment Of Charges
• Criminal-procedure

Kenya Human Rights Commission v County Government of Makueni & 21 others; Council of Governors & 3 others (Interested Parties)

Kenya Human Rights Commission v County Government of Makueni & 21 others; Council of Governors & 3 others (Interested Parties) [2025] KEHC 16797 (KLR)

Court

High Court

Case number

Constitutional Petition E006 of 2024

Judges

RK Limo, TM Matheka, FR Olel

The Court found that, except for Makueni, Uasin Gishu, and Marsabit Counties, the cited County Governments failed to comply with the mandatory statutory and constitutional requirement to allocate and spend at least 30% of their budgets on development expenditure over the medium term. The Court rejected the respondents' arguments that the Petition was premature or non-justiciable, holding that the issues raised were real, substantial, and justiciable, as they directly implicated the right to development and the effective realization of economic and social rights under the Constitution. The Cou…

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• Public Finance Management
• Right To Development
• Devolution And Fiscal Responsibility
• Budgetary Allocation
• Statutory Compliance
• Economic And Social Rights

Gikonyo & another v National Assembly of Kenya & 4 others; Council of Governors & 3 others (Interested Parties)

Gikonyo & another v National Assembly of Kenya & 4 others; Council of Governors & 3 others (Interested Parties) [2024] KEHC 10886 (KLR)

Court

High Court

Case number

Constitutional Petition 178 of 2016

Judges

RE Aburili, K Kimondo, M Thande

The Court found that the National Government Constituencies Development Fund Act, 2015 (as amended in 2022 and 2023) is unconstitutional for several reasons. First, the Act creates structures and processes that duplicate the functions of county governments, leading to confusion, wastage of public resources, and lack of accountability, thereby violating the principles of devolution and prudent public finance under Articles 6, 10, 174, 175, 186, and 201 of the Constitution. Second, the Act allows Members of Parliament to exercise executive functions at the constituency level, contrary to the do…

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• Devolution Structure
• Division Of Revenue
• Separation Of Powers
• Public Finance Principles
• Legislative Process
• Judicial Review

Kingsly Construction Limited v Federal Republic of South Africa & another

Kingsly Construction Limited v Federal Republic of South Africa & another [2024] KEHC 10579 (KLR)

Court

High Court

Case number

Commercial Case E265 of 2019

Judge

A Mabeya

The court held that while sovereign immunity generally shields foreign states and their assets from the jurisdiction of local courts, this immunity is not absolute. The doctrine of restrictive immunity, as recognized in both international law and Kenyan jurisprudence, distinguishes between governmental acts (jure imperii) and commercial acts (jure gestionis). Where a foreign state enters into a commercial contract, it cannot invoke sovereign immunity to avoid legal accountability for its commercial obligations. In this case, the contract between the plaintiff and the Embassy of the Federal Re…

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• Sovereign Immunity
• Garnishee Orders
• Commercial Contracts With Foreign States
• Jurisdiction Of Kenyan Courts
• Diplomatic And Consular Immunities
• Enforcement Of Judgments

East African Development Bank v Thousand Palms Beach Hotel Ltd

East African Development Bank v Thousand Palms Beach Hotel Ltd [2024] KECA 639 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E069 of 2021

Judges

AK Murgor, KI Laibuta, GV Odunga

The Court of Appeal held that the East African Development Bank enjoys absolute immunity from all legal proceedings in Kenya, including those brought by private parties, by virtue of Articles 44 and 45 of the EADB Charter as incorporated into Kenyan law through the EADB Act. The immunity is not limited to suits by member states or their agents but extends to all persons, including contractual counterparties, unless the bank expressly waives its immunity in writing. The existence of an arbitration clause in the loan agreement does not amount to a waiver of immunity; rather, it provides an alte…

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• International Organization Immunity
• Contractual Dispute Resolution
• Arbitration Clauses
• Constitutional Right Of Access To Court
• Treaty Domestication
• Jurisdiction Of Kenyan Courts