Kenya Case Law

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae)

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae) [2025] KEHC 10568 (KLR)

Court

High Court

Case number

Petition E647 of 2024

Judge

EC Mwita

The court found that IMEI numbers, once associated with individuals through device registration and network activation, constitute personal data protected under Article 31 of the Constitution and the Data Protection Act. The impugned notices by the 1st and 2nd respondents, which required the collection, processing, and storage of IMEI numbers, lacked a clear legal basis and failed to comply with statutory requirements, including the need for guidelines, public participation, and a data protection impact assessment. The respondents did not demonstrate that the limitation of the right to privac…

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• Right To Privacy
• Data Protection
• Administrative Action
• Statutory Instruments
• Public Participation
• Proportionality Test

Haki Na Sheria Initiative & 2 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 5 others; Global Strategic Litigation Council for Refugee Rights (Amicus Curiae); Katiba Institute & 2 others (Interested Parties)

Haki Na Sheria Initiative & 2 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 5 others; Global Strategic Litigation Council for Refugee Rights (Amicus Curiae); Katiba Institute & 2 others (Interested Parties) [2025] KEHC 10567 (KLR)

Court

High Court

Case number

Constitutional Petition E011 of 2022

Judge

JN Onyiego

The court held that children born in Kenya to a Kenyan citizen and a Refugee parent are Kenyan citizens by birth under Article 14(1) of the Constitution and are entitled to all attendant rights and documentation. Stamping birth certificates or notifications with 'Refugee' or 'IRC' or entering such children into the Refugee database is discriminatory and unconstitutional, violating Articles 14(1), 27, and the best interests of the child. The court found that while the Constitution allows Parliament to prescribe conditions for citizenship by marriage, Section 11 of the Kenya Citizenship and Imm…

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• Citizenship By Birth
• Citizenship By Marriage
• Discrimination Against Refugees
• Children S Rights
• Statelessness
• Administrative Action

Commissioner of Domestic Taxes v Royal Floraholland Kenya Limited

Commissioner of Domestic Taxes v Royal Floraholland Kenya Limited [2025] KEHC 10031 (KLR)

Court

High Court

Case number

Income Tax Appeal E218 of 2024

Judge

RC Rutto

The High Court found that the Appellant failed to make a decision on the Respondent’s VAT refund applications within the 90-day statutory period prescribed by Section 47 of the Tax Procedures Act. As a result, the refund applications were deemed allowed by operation of law. The Court further held that the services provided by the Respondent to FloraHolland NL were for use and consumption outside Kenya, qualifying as exported services under Section 2 of the VAT Act and thus subject to zero-rating. The Court rejected the Appellant’s argument that the services were exempt agricultural services,…

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• Vat Refunds
• Exported Services
• Input Vat Deduction
• Principal Agent Relationship
• Statutory Timelines
• Administrative Action

PKJ v Attorney General & 3 others

PKJ v Attorney General & 3 others [2025] KEELRC 2083 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E028 of 2022

Judge

MA Onyango

The court found that the Petitioner’s constitutional rights under Articles 27, 28, 29, 41, and 47 were violated by the 2nd and 3rd Respondents when he was dismissed from the KDF recruitment process solely on account of his HIV status. The court held that such dismissal constituted direct discrimination, was degrading and humiliating, and failed to meet the standards of fair labour practices and fair administrative action. However, as the Petitioner was not yet a formal employee, reinstatement was not available. The court recognized that the Petitioner had already been awarded compensation by…

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• Discrimination On Health Status
• Hiv Aids In Employment
• Fair Labour Practices
• Administrative Action
• Military Recruitment
• Human Dignity

Njeri (Suing as the Legal Personal Representative of the Estate of Njeri Ngugi) v County Land Adjudication & Settlement Officer, Trans Nzoia & 2 others; Chemnjor (Interested Party)

Njeri (Suing as the Legal Personal Representative of the Estate of Njeri Ngugi) v County Land Adjudication & Settlement Officer, Trans Nzoia & 2 others; Chemnjor (Interested Party) [2025] KEELC 5126 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E001 of 2025

Judge

CK Nzili

The court found that the petitioner, as the legal representative of the estate of Njeri Ngugi, had locus standi to bring the petition. The doctrine of res judicata did not apply because the prior proceedings before the panel of elders and the lower court did not conclusively determine the constitutional issues raised, nor were the respondents parties to those proceedings. The court held that the exhaustion doctrine was not a bar since the respondents failed to demonstrate the efficacy of alternative remedies under the Land Adjudication Act and Community Land Act, and the petition raised const…

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• Settlement Schemes
• Allocation Of Land
• Administrative Action
• Locus Standi
• Res Judicata
• Exhaustion Of Remedies

Commissioner of Domestic Taxes v Ison Technologies Limited

Commissioner of Domestic Taxes v Ison Technologies Limited [2025] KEHC 9982 (KLR)

Court

High Court

Case number

Income Tax Appeal E210 of 2023

Judge

RC Rutto

The High Court upheld a tax tribunal decision, finding the Commissioner’s objection decision on VAT was issued outside the Tax Procedures Act timeline and was deemed allowed.

• Vat Assessment
• Tax Objection Procedure
• Statutory Timelines
• Burden Of Proof
• Administrative Action
• Tax Appeals

Commisioner of Customs and Border Control v Animix Limited

Commisioner of Customs and Border Control v Animix Limited [2025] KEHC 9712 (KLR)

Court

High Court

Case number

Customs Tax Appeal E030 of 2024

Judge

CM Kariuki

The High Court upheld a Tax Appeals Tribunal ruling that Animix’s products were correctly classified under HS 2309.90.10 and that the company was entitled to a VAT refund.

• Vat Refunds
• Tariff Classification
• Burden Of Proof
• Administrative Action
• Tax Appeals
• Animal Feed Imports

Mbaabu v Cabinet Secretary Incharge of Lands & 5 others

Mbaabu v Cabinet Secretary Incharge of Lands & 5 others [2025] KEELC 5358 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E001 of 2025

Judge

BM Eboso

The Environment and Land Court at Meru granted leave to commence judicial review proceedings in a land-adjudication dispute and set timelines for filing and service.

• Leave To Apply For Judicial Review
• Land Adjudication Process
• Administrative Action
• Procedural Fairness
• Judicial-review
• Leave-to-apply

Fahd Commodities Group Limited v Commissioner of Domestic Taxes

Fahd Commodities Group Limited v Commissioner of Domestic Taxes [2025] KEHC 9346 (KLR)

Court

High Court

Case number

Income Tax Appeal E132 of 2024

Judge

F Gikonyo

The High Court dismissed a tax appeal challenging additional assessments on sugar and maize imports, holding that the taxpayer did not prove an agency relationship or explain discrepancies.

• Income Tax Assessment
• Vat Disputes
• Burden Of Proof
• Agency Relationship
• Administrative Action
• Tax Appeals Tribunal Procedure

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party)

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party) [2025] KEELC 4881 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 2 of 2021

Judge

AE Dena

The court held the petitioner was the registered owner of Kwale/Galu/Kinondo/577, quashed the Kadhi's order, and found the respondents failed to prove ownership.

• Land Title Registration
• Jurisdiction Of Kadhis Court
• Right To Fair Hearing
• Succession And Inheritance
• Rectification Of Land Register
• Administrative Action