Kenya Case Law

Otieno & another v Governor of Hoма-bay County & 13 others

Otieno & another v Governor of Hoма-bay County & 13 others (Petition E026 of 2026) [2026] KEELRC 2202 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E026 of 2026

Judge

["Nzioki wa Makau"]

The court held that the petition raised a weighty constitutional question on the two-thirds gender rule, but the evidence did not establish a breach in the Homa Bay County appointments. It found that the County Assembly complied with the public notice and participation requirements, the petitioners misread sections 7(4) and 7(5), no prejudice or exclusion was proved, and the challenged appointments were not unconstitutional. The petition therefore failed and was dismissed with costs.

Source excerpt

• Two-thirds gender rule
• County executive committee appointments
• Public participation
• County assembly approval of nominees
• Jurisdiction of the employment and labour relations court
• Constitutional petition pleading threshold

Daystar University v Unclaimed Financial Assets Authority & another

Daystar University v Unclaimed Financial Assets Authority & another (Constitutional Petition E466 of 2023) [2026] KEHC 9639 (KLR) (Constitutional and Human Rights) (26 June 2026) (Judgment)

Court

High Court

Case number

Constitutional Petition E466 of 2023

Judge

["RE Aburili"]

The Court held that the petition was justiciable and exempt from exhaustion because the Act did not provide an adequate tribunal or structured dispute-resolution forum for holders to challenge UFAA classifications. It found the Respondent's Board was constitutionally defective on gender composition, but that defect did not invalidate its statutory acts. The Court further held that the demand to surrender Kshs. 16,499,568/= was unlawful to the extent it captured identifiable deposits and contractual funds that were not shown to be abandoned assets under sections 2 and 3 of the Act, thereby vio…

Source excerpt

• Doctrine of exhaustion
• Justiciability
• Two-thirds gender rule
• Right to property
• Fair administrative action
• Privacy and searches

Mitu & 4 others v Kimaita & 3 others

Court

Court of Appeal

Case number

Civil Application E035 of 2025

Judge

["S ole Kantai", "A Ali-Aroni", "JW Lessit"]

The Court of Appeal granted stay pending appeal, finding arguable grounds and nugatory risk over ex parte orders and the proposed dissolution of the Meru County Public Service Board.

• Stay pending appeal
• Arguable appeal
• Nugatory effect
• Public interest
• Ex parte orders
• Two-thirds gender rule

Mutuku & another v Governor, County Government of Makueni & 2 others

Court

High Court

Case number

Constitutional Petition E003 of 2024

Judge

TM Matheka

The High Court partly allowed a petition on the Wote Municipality Board. It found the five men and four women composition met the two-thirds gender rule, but the Governor failed to prove compliance with nomination, equity and disability, youth and marginalised group requirements.

• Two-thirds gender rule
• Composition and appointment of urban board members
• Non-discrimination and equality
• Representation of persons with disabilities, youth and marginalised groups
• National values and principles of governance
• Eligibility for re-appointment to municipal boards