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Kenya Case Law

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Land law [2026] KEELC 5437 (KLR)

Kenslopic Hydro Engineers Limited & another v Nairobi City County

The court dismissed a claim over alleged demolition of Eastleigh plots, finding the plaintiffs did not prove the county was responsible for the destruction.

  • Locus standi
  • Trespass
  • Unlawful demolition
  • Special damages
  • Burden of proof
  • Building plan approvals
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Constitutional law [2026] KEHC 13434 (KLR)

PAUL MUCAI GITAU T/A GITAU PAUL MUCAI & COMPANY ADVOCATES v TRIDENT INSURANCE CO. LTD & 31 others

The High Court upheld preliminary objections in a constitutional miscellaneous application, finding the access-to-information claim premature, imprecise, and unsupported by a substantive petition.

  • Preliminary objection
  • Locus standi
  • Doctrine of exhaustion
  • Access to information request procedure
  • Misjoinder of parties
  • Incompetent application
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Constitutional law [2026] KEHC 13425 (KLR)

Consumers Federation of Kenya (COFEK) Suing Through its officials Namely Stephen Mutoro, Ephraim Kanake & Henry Ochieng) v Radio Africa Events/Group & 5 others

The High Court dismissed COFEK’s petition over the Stanbic Yetu Festival, finding the alleged Article 46 violations were not proved with admissible evidence.

  • Article 46 consumer rights
  • Public interest standing
  • Locus standi
  • Constitutional avoidance
  • Exhaustion doctrine
  • Admissibility of electronic evidence under section 106b
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Constitutional law [2026] KEHC 13432 (KLR)

Gospel of God Church International (SOC./45700) & another v Gospel of God Church (SOC./7670) & 3 others

The High Court struck out the petition and motion, finding the dispute had not exhausted the Societies Act appeal process and that the petitioners lacked locus standi.

  • Doctrine of exhaustion
  • Locus standi
  • Preliminary objection
  • Fair administrative action
  • Societal registration and name dispute
  • Judicial review
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Constitutional law [2026] KEHC 13427 (KLR)

Francis Awino v Emirates SkyCargo & 4 others

The High Court upheld a preliminary objection, holding that the petition was a commercial dispute in constitutional clothing and that the petitioner lacked standing.

  • Preliminary objection
  • Jurisdiction
  • Locus standi
  • Constitutional avoidance
  • Privity of contract
  • International carriage by air
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Constitutional law [2026] KEHC 13192 (KLR)

Irungu v Diageo Kenya Ltd & 7 others

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.

  • Conservatory orders
  • Status quo order
  • Jurisdiction
  • Doctrine of exhaustion
  • Constitutional avoidance
  • Locus standi
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Civil procedure [2026] KEHC 13018 (KLR)

Mbinya v Kiptoo p/a Kitoo & Associates Advocates & another

Mbinya v Kiptoo p/a Kitoo & Associates Advocates & another (Commercial Suit E001 of 2026) [2026] KEHC 13018 (KLR) (21 August 2026) (Ruling)

The preliminary objection failed because the Civil Procedure Rules expressly authorize the High Court, on Originating Summons, to compel an advocate to deliver accounts and client money where an advocate-client relationship exists, and the Advocates Act itself does not require the client to first exhaust the Commission process; section 6B confirms that the Commission is not the first port of call where a civil suit has been filed over the same funds. The Applicant therefore had locus standi, and the court had jurisdiction.

  • Preliminary objection
  • Jurisdiction
  • Locus standi
  • Advocate-client relationship
  • Delivery of accounts and client funds
  • Originating summons
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Employment and labour law [2026] KEELRC 2427 (KLR)

Kangogo v County Government Workers Union (K) & 2 others

Kangogo v County Government Workers Union (K) & 2 others (Constitutional Petition E026 of 2026) [2026] KEELRC 2427 (KLR) (20 August 2026) (Judgment)

The Petition failed because the Court found that the election date was lawfully rescheduled by the union’s competent organ with proper notice, the Petitioner had notice of the revised date when she expressed interest, no legitimate expectation arose, the Kshs. 3,000,000 nomination fee had been validly adopted by the union’s delegates, and the personal-details requirement in nomination forms was a reasonable and justifiable limitation. The Court therefore declined to interfere with the union’s constitutionally protected electoral autonomy and dismissed the Petition.

  • Locus standi
  • Legitimate expectation
  • Trade union electoral autonomy
  • Internal dispute resolution
  • Nomination fees
  • Fair administrative action
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Constitutional law [2026] KEHC 13048 (KLR)

Awino v Institute of Quantity Surveyors of Kenya & 3 others

Awino v Institute of Quantity Surveyors of Kenya & 3 others (Petition E041 of 2026) [2026] KEHC 13048 (KLR) (Constitutional and Human Rights) (20 August 2026) (Judgment)

The Court held that the Petitioner had locus standi, but the petition failed because it was premature and not justiciable: the Petitioner had not exhausted the statutory disciplinary mechanisms under the Architects and Quantity Surveyors framework, and the ODPP could not be compelled to investigate where that function lies with the police. As a result, no enforceable constitutional grievance had crystallized against the respondents warranting mandamus or constitutional relief.

  • Locus standi
  • Doctrine of exhaustion
  • Constitutional avoidance
  • Mandamus
  • Prosecutorial discretion
  • Professional disciplinary proceedings
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Cooperative law [2026] KECOPT 337 (KLR)

Moses Omboga Osiemo v Latema Sacco, Jephys Auctioneers, Victor Chweya Nyambane, Abedinego Okenye Ongata and Lydia Kerubo Omwenga

The Tribunal dismissed objections to attachment and sale of two motor vehicles, holding it lacked jurisdiction over KDN 041C and that ownership of KDD188J was not proved.

  • Jurisdiction of the cooperative tribunal
  • Objector proceedings
  • Stay of execution
  • Attachment and sale in execution
  • Ownership versus possession of motor vehicles
  • Burden of proof
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.