Kenya Case Law

LO v Stellan Consult Limited t/a Parents Africa, alias Parents Magazine alias Parents Africa Magazine

LO v Stellan Consult Limited t/a Parents Africa, alias Parents Magazine alias Parents Africa Magazine [2025] KEHC 10006 (KLR)

Court

High Court

Case number

Petition E237 of 2024

Judge

EC Mwita

The High Court dismissed a petition alleging unconstitutional publication of a survivor’s videos, finding the key issue of consent was disputed and unproven on affidavit evidence.

• Right To Privacy
• Human Dignity
• Personality Rights
• Consent In Media Publication
• Data Protection
• Commercial Exploitation Of Image

Ibrahim v Republic

Ibrahim v Republic [2025] KEHC 9613 (KLR)

Court

High Court

Case number

Criminal Appeal E051 of 2024

Judge

JN Onyiego

The appellate court found that the prosecution failed to prove the charge of tampering with telecommunication plants under section 32(c) of the Kenya Information and Communications Act, as there was no evidence that the appellant vandalized engine copper wires or interfered with telecommunication apparatus. The evidence only established that the electric fence was cut and oil was stolen, which did not meet the statutory requirements for the tampering offence. Consequently, the conviction and sentence on count I were quashed. However, the court held that the prosecution proved the offence of s…

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• Stealing
• Circumstantial Evidence
• Tampering With Telecommunication Equipment
• Sentencing Principles

Nation Media Group Limited & another v Media Council of Kenya Complaints Commission & another

Nation Media Group Limited & another v Media Council of Kenya Complaints Commission & another [2025] KEHC 6996 (KLR)

Court

High Court

Case number

Judicial Review Application E061 of 2025

Judge

RE Aburili

The High Court held that the Media Council Complaints Commission had jurisdiction to hear a complaint alleging false or misleading publication and dismissed judicial review.

• Judicial Review
• Jurisdiction Of Statutory Bodies
• Media Regulation
• Code Of Conduct For Journalists
• False Information Publication
• Judicial-review

Karengeka v Republic

Karengeka v Republic [2025] KEHC 5993 (KLR)

Court

High Court

Case number

Criminal Revision E026 of 2025

Judge

RN Nyakundi

The court found that the Applicant, having pleaded guilty, shown remorse, and demonstrated readiness for reintegration as supported by the Probation Officer's report, was a suitable candidate for a non-custodial sentence. The court applied the sentencing guidelines from Francis Karioko Murutetu & Another vs Republic, emphasizing the importance of considering mitigating factors and constitutional rights to dignity and liberty. The court concluded that the custodial sentence should be reviewed and substituted with a community service order at Township Primary School for the remainder of the sen…

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• Sentencing Guidelines
• Telecommunications Offences
• Community Service Orders
• Plea Of Guilty
• Probation Reports

Kinyanjui v Kenya Films Classifications Board (KFCB) & another

Kinyanjui v Kenya Films Classifications Board (KFCB) & another [2025] KEHC 5814 (KLR)

Court

High Court

Case number

Petition E119 of 2024

Judge

LN Mugambi

The Court found that the Films and Stage Plays Act defines 'film' and 'film making' broadly enough to include audio-visual recordings made on smartphones and uploaded to social media. However, the requirement for licensing and prior approval of all such content is impractical, outdated, and unenforceable in the context of modern technology and mass user-generated content. The Court held that while the 1st Respondent retains a statutory mandate to protect the public, especially vulnerable groups, from harmful content, this mandate does not extend to demanding licensing fees for social media up…

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• Freedom Of Expression
• Regulation Of Social Media
• Statutory Interpretation
• Administrative Action
• Media Regulation
• Licensing Of Audio Visual Content

Kimwele & 3 others v Muriuki & another

Kimwele & 3 others v Muriuki & another [2025] KEMC 129 (KLR)

Court

Magistrate's Court

Case number

Civil Case E130 of 2021

Judge

JA Agonda

The court found that the defendants published and broadcast a newscast naming the plaintiffs as corrupt officials without verifying the facts or giving them an opportunity to respond. The publication was found to be false, reckless, and actuated by malice, as the defendants failed to exercise due diligence or produce evidence supporting the allegations. The court held that the publication was defamatory, lowered the plaintiffs' reputation, and caused them to be shunned and ridiculed. The defences of public interest, justification, and privilege were rejected because the defendants did not mee…

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• Defamation
• Libel
• Media Ethics
• Damages Assessment
• Qualified Privilege
• Public Interest Defence

Communications Authority of Kenya v Kenya Union of Journalists & 2 others

Communications Authority of Kenya v Kenya Union of Journalists & 2 others [2025] KECA 670 (KLR)

Court

Court of Appeal

Case number

Civil Application E715 of 2024

Judges

DK Musinga, M Ngugi, F Tuiyott

The Court of Appeal dismissed a stay application over a judgment striking down parts of KICA and a broadcasting code, finding the appeal arguable but not nugatory.

• Media Regulation
• Broadcasting Code
• Constitutional Supremacy
• Administrative Mandate
• Stay-of-execution
• Broadcasting-regulation

Meareg & 2 others v Meta Platforms, INC; Amnesty International & 6 others (Interested Parties)

Meareg & 2 others v Meta Platforms, INC; Amnesty International & 6 others (Interested Parties) [2025] KEHC 4362 (KLR)

Court

High Court

Case number

Petition E541 of 2022

Judge

LN Mugambi

The High Court dismissed Meta’s strike-out application and certified the petition for hearing by a bench, finding it raised substantial constitutional questions on digital rights and jurisdiction.

• Freedom Of Expression
• Algorithmic Bias
• Jurisdiction Of Kenyan Courts
• Intermediary Liability
• Content Moderation
• Digital Rights

Airtel Network Kenya Limited v Khan

Airtel Network Kenya Limited v Khan [2025] KEHC 3321 (KLR)

Court

High Court

Case number

Civil Appeal E011 of 2024

Judge

DKN Magare

High Court dismissed an interlocutory appeal challenging jurisdiction, holding the telecoms exhaustion objection was unavailable and that the lower court could proceed.

• Exhaustion Of Statutory Remedies
• Jurisdiction Of High Court
• Consumer Disputes
• Preliminary Objection
• Regulatory Framework
• Access To Justice

Ochieng v Airtel Networks Kenya Limited & 2 others

Ochieng v Airtel Networks Kenya Limited & 2 others [2025] KEHC 2900 (KLR)

Court

High Court

Case number

Constitutional Petition E003 of 2020

Judge

MS Shariff

The Petitioner failed to meet the required standard of proof for a constitutional petition by not providing sufficient details of the alleged constitutional violations and failing to adduce credible evidence to support his claims of unauthorized SIM card registration and actions by the police.

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• Right To Privacy
• Sim Card Registration
• Burden Of Proof
• Constitutional Petition Threshold
• Telecommunications Regulation