Kenya Case Law

Omollo & 2 others v County Government of Kisumu & 6 others

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)

Court

Environment and Land Court

Case number

Environment and Land Petition E004 of 2026

Judge

["EK Wabwoto"]

The court dismissed a preliminary objection and granted conservatory orders partly preserving public housing tenants from eviction, repossession, and adverse classification pending the petition.

• Conservatory orders
• Preliminary objection
• Exhaustion of remedies
• Fair administrative action
• Right to information
• Public housing tenancy renewal

Rural Private Hospitals Association of Kenya (RUPHA) v Mombasa County & 46 others

Rural Private Hospitals Association of Kenya (RUPHA) v Mombasa County & 46 others (Petition E189 of 2021) [2026] KEHC 12881 (KLR) (Constitutional and Human Rights) (11 August 2026) (Judgment)

Court

High Court

Case number

Petition E189 of 2021

Judge

["RE Aburili"]

The Court held that RUPHA, as a society registered under the Societies Act, lacked legal capacity to institute the Petition in its own name, and that defect went to the root of jurisdiction and could not be cured by Article 159. The Court further held that the Petition was res judicata because the same core dispute over county single business permit fees on private medical/pharmaceutical premises had already been conclusively determined in prior litigation, especially Kenya Pharmaceutical Association v Nairobi City County & 46 Others. On that basis, the Petition could not be reopened and was…

Source excerpt

• Locus standi
• Society capacity to sue
• Res judicata
• Constitutional pleading precision
• County single business permits
• Professional regulation versus trade licensing

Chepngetich & another v County Government of Bomet & 4 others

Chepngetich & another v County Government of Bomet & 4 others (Constitutional Petition E007 of 2026) [2026] KEHC 12602 (KLR) (6 August 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E007 of 2026

Judge

["JK Ng'arng'ar"]

The dispute was a pre-employment recruitment matter reserved for the Employment and Labour Relations Court, not the High Court. Because a similar petition was already pending in the ELRC in Kericho, the High Court declined to determine the merits of the preliminary objection and transferred the matter to the ELRC in Kericho as the competent forum.

Source excerpt

• Jurisdiction
• Preliminary objection
• Transfer of proceedings
• Pre-employment dispute
• Exhaustion of remedies
• Access to justice

Panalpina Airflo Ltd v Commissioner of Domestic Taxes

Panalpina Airflo Ltd v Commissioner of Domestic Taxes (Civil Appeal E434 of 2021) [2026] KECA 1648 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal E434 of 2021

Judge

["DK Musinga", "P Lilan", "JO Okello"]

The Court held that the High Court erred by treating the whole judicial review application as barred. The dispute on whether the services were exported services and whether specific VAT refunds were payable belonged to the statutory tax appeal process and was incompetent in judicial review. But the complaints about the Commissioner’s failure to determine objections and refund applications within the statutory timelines raised distinct public law issues under sections 47 and 51 of the Tax Procedures Act and Article 47, which were not fully precluded by sub judice, res judicata, abuse of proces…

Source excerpt

• Vat refunds
• Exported services
• Sub judice
• Res judicata
• Abuse of process
• Exhaustion of remedies

Mwaniki v Kihika & 2 others

Mwaniki v Kihika & 2 others (Constitutional Petition E035 of 2025) [2026] KEHC 12275 (KLR) (30 July 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E035 of 2025

Judge

["JK Sergon"]

The preliminary objections succeeded because the petition was, in substance, an election dispute and an impermissible attempt to challenge or undo a gubernatorial election and office-holding outside the legal framework provided by the Constitution and Elections Act. The court held that the objections raised pure points of law, that the petitioner had ignored available electoral and removal mechanisms, that the 28-day election-petition window had long expired, and that the High Court could not bypass the County Assembly/Senate removal process or revive the dispute through continuing violation…

Source excerpt

• Preliminary objection
• Jurisdiction
• Election petition timelines
• Exhaustion of remedies
• Dual citizenship and state office
• Removal of county governor

Christian v Gathoni t/a Tivoli Homes Limited

Christian v Gathoni t/a Tivoli Homes Limited (Constitutional Petition E024 of 2023) [2026] KEHC 12511 (KLR) (30 July 2026) (Judgment)

Court

High Court

Case number

Constitutional Petition E024 of 2023

Judge

["AC Bett"]

The Petition was dismissed because it was a private tenancy and related civil dispute dressed up as a constitutional claim, the alleged infringements were not pleaded with precision, adequate civil and criminal remedies existed, and the claim was also incompetent for misjoinder since the cited limited company was not the actual landlord.

Source excerpt

• Misjoinder
• Constitutional petition abuse
• Tenancy dispute
• Distress for rent
• Defective affidavit
• Right to fair administrative action

Moreplex Television Kenya Ltd v Multi Choice Kenya Ltd & 2 others

Moreplex Television Kenya Ltd v Multi Choice Kenya Ltd & 2 others (Petition E268 of 2025) [2026] KEHC 11236 (KLR) (Constitutional and Human Rights) (23 July 2026) (Ruling)

Court

High Court

Case number

Petition E268 of 2025

Judge

["PM Nyaundi"]

The Court held that the Petition sought reliefs available under the statutory regime governing communications and competition disputes, particularly under the Kenya Information and Communications Act and the Competition Act. Because the Petitioner had not shown that any exception to exhaustion or constitutional avoidance applied, the High Court lacked a basis to entertain the matter at first instance and had to down tools.

Source excerpt

• Jurisdiction
• Preliminary objection
• Exhaustion of remedies
• Constitutional avoidance
• Justiciability
• Broadcasting rights

Del Monte Kenya Ltd v Speaker of the National Assembly & 3 others; Kandara Residence Association Otherwise Known As Kandara Residents’ Association & 131 others (Interested Parties)

Del Monte Kenya Ltd v Speaker of the National Assembly & 3 others; Kandara Residence Association Otherwise Known As Kandara Residents’ Association & 131 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2026] KEELC 4646 (KLR) (22 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Petition E002 of 2023

Judge

["MN Gicheru"]

The court held that it had no proper basis to stay the ongoing taxation because no sufficient cause was shown to invoke inherent jurisdiction, the applicant failed to satisfy Order 42 rule 6(2) on substantial loss and security, the applicant had not exhausted the post-taxation procedure under paragraph 11 of the Advocates Remuneration Order, and the parallel stay application before the Court of Appeal meant this court should not deal with the same stay relief.

Source excerpt

• Stay of taxation proceedings
• Stay of execution pending appeal
• Inherent jurisdiction
• Substantial loss
• Security for due performance
• Exhaustion of remedies

John v Council of Legal Education

John v Council of Legal Education (Tax Appeal E042 of 2026) [2026] KELEAT 19 (KLR) (21 July 2026) (Judgment)

Court

Legal Education Appeals Tribunal

Case number

Tax Appeal E042 of 2026

Judge

["J Njiriri", "J Ngulu", "F Oketch", "M Munoko", "Y Godana"]

The Tribunal held it had jurisdiction over the appeal, found the dispute ripe, and ruled that prolonged unexplained delay by the Council amounted to constructive refusal and unfair administrative action.

• Jurisdiction of legal education appeals tribunal
• Ripeness
• Constructive refusal
• Recognition of foreign legal qualifications
• Section 13(1)(c) advocates act
• Section 8(1)(e) legal education act

Ngugi (Suing on his behalf and that of other plot owners whose plots were annexed by Kamahuha Girls High School) v County Government of Murang’a & 4 others (Land Case E016 of 2025)

Ngugi (Suing on his behalf and that of other plot owners whose plots were annexed by Kamahuha Girls High School) v County Government of Murang’a & 4 others (Land Case E016 of 2025) [2026] KEELC 4654 (KLR) (20 July 2026) (Judgment)

Court

Environment and Land Court

Case number

Land Case E016 of 2025

Judge

["MN Gicheru"]

The court held that the former County Council made a binding written commitment to compensate the plaintiff and other affected owners with identifiable land, that the County Government inherited that obligation, and that failure to transfer compensation land amounted to a continuing breach. The plaintiff proved the obligation existed and was unfulfilled. However, because he filed no written authorities from other alleged beneficiaries under Order 1 rule 13, he could only litigate for himself. The defences of limitation, laches, exhaustion, and res judicata failed on the evidence.

Source excerpt

• Compulsory acquisition
• Compensation for annexed land
• Historical injustice
• Adverse possession context
• Continuing breach
• Representative capacity under order 1 rule 13