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Kenya decisions
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The High Court dismissed a constitutional petition challenging closure of a bar in Marsabit, holding that the petitioner lacked the required liquor licence and the enforcement was lawful.
The High Court dismissed a contempt motion, finding no wilful breach of the conservatory order and no evidentiary link to the named county officers.
The High Court dismissed a petitioner's bid to stop a Senate committee from inquiring into Two Rivers Crescent Estate, and discharged interim conservatory orders.
The High Court in Busia granted anticipatory bail after finding repeated informal DCI summonses across multiple stations amounted to harassment and abuse of process.
Omollo & 2 others v County Government of Kisumu & 6 others (Environment and Land Petition E004 of 2026) [2026] KEELC 5361 (KLR) (31 August 2026) (Ruling)
The court dismissed a preliminary objection and granted conservatory orders partly preserving public housing tenants from eviction, repossession, and adverse classification pending the petition.
Irungu v Diageo Kenya Ltd & 7 others (Constitutional Petition E025 of 2026) [2026] KEHC 13192 (KLR) (Commercial and Tax) (31 August 2026) (Ruling)
The High Court granted a limited status quo order over the Diageo–Asahi transaction, found the petitioner had locus standi, and declined to uphold the preliminary objection.
Manyala & 3 others (Suing as Members of Kibuye Market Traders) v City Manager, County Government of Kenya & 4 others (Petition E002 of 2025) [2026] KEELC 5327 (KLR) (21 August 2026) (Ruling)
The consent of 31 July 2025 compromised only the two interlocutory applications, not the substantive petition, so the court was not functus officio in relation to the petition. The proposed amendment was allowed in principle because it was connected to the original dispute and could be answered by the Respondents, but leave was limited because the proposed pleading lacked particulars required for a proper constitutional claim. Costs were awarded against the Petitioners because the application was necessary due to their incomplete pleading.
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Saenas v Banticha (Sued as Purported Speaker) & 2 others (Employment and Labour Relations Petition E182 of 2026) [2026] KEELRC 2430 (KLR) (20 August 2026) (Ruling)
The court held that the validity of the 1st respondent’s position as Speaker had already been conclusively determined in ELRC Petition No. E139 of 2025, making the present petition and motion res judicata. It further held that the dispute was a public law and county assembly governance matter rather than an employment dispute, so the ELRC lacked jurisdiction. The preliminary objection therefore succeeded and the suit was struck out.
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Institution of Engineering Technology of Kenya v Kenya Rural Roads Authority & another (Petition E023 of 2026) [2026] KEELRC 2422 (KLR) (20 August 2026) (Ruling)
The court accepted that its prior ruling had addressed some merits of the underlying dispute, but held that this did not amount to actual bias or prejudice. However, because the applicant was genuinely apprehensive and insisted it would not receive justice before the same judge, the court invoked the appearance-of-justice principle and recused itself in the interest of justice.
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Murango v Ng’ongo & 8 others (Constitutional Petition E015 of 2026) [2026] KEHC 13002 (KLR) (20 August 2026) (Ruling)
The application for recusal failed because the respondents did not prove actual bias or facts giving rise to a reasonable apprehension of bias. The allegedly biased conduct was explained by the record: the court heard the parties, maintained status quo pending further hearing, and merely proposed to consider certification under Article 165(4) after submissions. Those acts were judicial management steps, not evidence of partiality.
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