Kenya Case Law

Jasiri v Kenya Power and Lighting Corporation & 3 others

Jasiri v Kenya Power and Lighting Corporation & 3 others [2025] KEHC 10615 (KLR)

Court

High Court

Case number

Petition E457 of 2023

Judge

EC Mwita

The court held that while the existence of statutory dispute resolution mechanisms under the Energy Act generally requires exhaustion before judicial intervention, the High Court retains jurisdiction over constitutional questions and alleged rights violations. In this case, the respondents failed to demonstrate that the alternative remedies were effective or applicable to the petitioner's grievances, thus the court assumed jurisdiction. However, on the merits, the petitioner failed to establish a factual or legal basis for the alleged constitutional violations. The evidence showed that power…

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• Right To Basic Services
• Electricity Supply Regulation
• Administrative Exhaustion
• Public Interest Litigation
• Contractual Obligations
• Consumer Protection

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties)

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties) [2025] KEELC 5264 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E020 of 2024

Judge

YM Angima

The court held that the petitioners were not entitled to challenge the decision of the National Environment Tribunal (NET) by way of a constitutional petition, as the Environmental Management and Coordination Act (EMCA) provides a specific appellate mechanism for such grievances. The court emphasized the doctrine of exhaustion, requiring parties to utilize statutory remedies before seeking constitutional relief. However, the court found that the petition was severable, allowing constitutional issues unrelated to the NET decision to proceed. The preliminary objection thus succeeded in part: th…

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• Public Participation
• Freedom Of Worship
• Administrative Exhaustion
• Judicial Review
• Noise Pollution Regulation

Kamau & 33 others v Commissioner General and another & another

Kamau & 33 others v Commissioner General and another & another [2025] KEHC 9039 (KLR)

Court

High Court

Case number

Petition E161 of 2022

Judge

LN Mugambi

The court determined that the primary issue in the petition was a challenge to the decision of the Commissioner General, Kenya Revenue Authority, regarding the application of excise duty to water refillers. This dispute arises from the interpretation and application of the Excise Duty Act, which falls squarely within the jurisdiction of the Tax Appeals Tribunal as established under the Tax Appeals Tribunal Act. The doctrine of exhaustion requires that parties first pursue available statutory dispute resolution mechanisms before seeking recourse in the High Court. The court found that the Peti…

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• Excise Duty
• Administrative Exhaustion
• Tax Licensing
• Statutory Interpretation
• Jurisdiction Of High Court

Northern Block Residents Limited v Gigiri Mart Limited & 2 others

Northern Block Residents Limited v Gigiri Mart Limited & 2 others [2025] KEELC 1196 (KLR)

Court

Environment and Land Court

Case number

Petition E063 of 2024

Judge

MD Mwangi

While the court has jurisdiction to hear claims involving constitutional violations, the principle of exhaustion of alternative remedies requires that statutory dispute resolution mechanisms be utilized first where they are adequate to address the specific grievance. Challenges to development approvals fall under the mandate of the County Physical and Land Use Planning Liaison Committee, and challenges to EIA Licenses fall under the National Environment Tribunal. The Petitioner failed to exhaust these remedies and also failed to provide sufficient evidence to prove the alleged violation of th…

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• Environmental Impact Assessment
• Public Participation
• Land Use Planning
• Administrative Exhaustion
• Zoning Regulations
• Constitutional Rights

Wafula v Safaricom Limited & 4 others

Wafula v Safaricom Limited & 4 others [2025] KEHC 229 (KLR)

Court

High Court

Case number

Petition E362 of 2020

Judge

LN Mugambi

The High Court lacks jurisdiction to hear the petition challenging the legality and constitutionality of Safaricom's Lipa na Mpesa Pay Bill charges because the Petitioner failed to exhaust the available statutory dispute resolution mechanisms established under the Kenya Information and Communications Act, which vests the primary jurisdiction to hear and determine disputes related to telecommunication tariffs and charges in the Communications Authority of Kenya, with an avenue for appeal to the Communications and Media Appeals Tribunal.

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• Consumer Protection
• Mobile Money Services
• Administrative Exhaustion
• Public Interest Litigation
• Regulatory Compliance
• Unfair Trade Practices

Karimi & 59 others v Cabinet Secretary, Ministry of Agriculture Livestock and Fisheries & 10 others

Karimi & 59 others v Cabinet Secretary, Ministry of Agriculture Livestock and Fisheries & 10 others [2024] KEHC 10748 (KLR)

Court

High Court

Case number

Constitutional Petition 8 of 2019

Judge

LW Gitari

The High Court dismissed a petition challenging Section 43 of the AFA Act on macadamia exports, finding the case premature and the alleged violations unproven.

• Right To Property
• Export Regulation
• Judicial Review
• Administrative Exhaustion
• Statutory Interpretation
• Constitutional-law

SBI International Holdings Ad (Kenya) Limited v Kenya Revenue Authority

SBI International Holdings Ad (Kenya) Limited v Kenya Revenue Authority [2024] KEHC 7236 (KLR)

Court

High Court

Case number

Customs Tax Appeal E014 of 2021

Judge

FG Mugambi

The High Court dismissed a customs tax appeal, holding there was no valid review application within the statutory 30-day period and therefore no appealable decision.

• Customs Duties
• Tax Appeals
• Statutory Timelines
• Jurisdiction
• Administrative Exhaustion
• Customs-tax

Tanui & 9 others v Athletics Kenya (Sued as an Organization and through its officials Lt Gen (Rtd) JK Tuwei, Paul Mutwiii & MT David Miano) & 4 others

Tanui & 9 others v Athletics Kenya (Sued as an Organization and through its officials Lt Gen (Rtd) JK Tuwei, Paul Mutwiii & MT David Miano) & 4 others [2024] KEHC 2255 (KLR)

Court

High Court

Case number

Petition 499 of 2016

Judge

LN Mugambi

The High Court held that Athletics Kenya’s constitution review required meaningful public participation. The court ordered further review and mandated officials who had outstayed their terms to leave office.

• Public Participation
• Sports Regulation
• Constitutional Rights
• Administrative Exhaustion
• Organizational Governance
• Judicial Review

Katuga v Cabinet Secretary for Land & 8 others

Katuga v Cabinet Secretary for Land & 8 others [2023] KEELC 21009 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E015 of 2022

Judge

NA Matheka

The court dismissed a constitutional petition over land adjudication of Plot No. Mariakani/Kawala B/50, holding that statutory remedies were not exhausted and the petition lacked precision.

• Land Adjudication
• Title Deeds
• Judicial Review
• Constitutional Petition
• Administrative Exhaustion
• Land-adjudication

Republic of Kenya v Secretary, County Public Service Board Bungoma & another; Ongoro (Exparte Applicant)

Republic of Kenya v Secretary, County Public Service Board Bungoma & another; Ongoro (Exparte Applicant) [2023] KEELRC 2203 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review E004 of 2022

Judge

JW Keli

The court held that it had jurisdiction to hear the matter as the ex parte applicant had exhausted the statutory appeal mechanism by appealing to the Public Service Commission, which rendered a decision. The claim for meal and transport allowances was not time barred as the injury was continuing and the applicant was still in service at the time of filing. The claim for acting allowance was upheld as the applicant was appointed to act in a higher position for 18 months, and the employer's failure to pay the acting allowance constituted unfair labour practice and unfair administrative action.…

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• Judicial Review Remedies
• Public Service Employment
• Acting Allowance
• Discrimination Claims
• Limitation Of Actions
• Administrative Exhaustion