Kenya Case Law

Kironua & 8 others v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties)

Kironua & 8 others v Director Land Adjudication and Settlement & 3 others; Siamito & 9 others (Interested Parties) [2025] KEELC 5457 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E005 of 2023

Judge

LC Komingoi

The court quashed a Mailua Group Ranch certificate of incorporation after finding the 2023 elections were a sham and contrary to existing court orders.

• Group Ranch Management
• Judicial Review
• Contempt Of Court
• Elections Of Group Representatives
• Certificate Of Incorporation
• Administrative Procedure

Kariuki & another (Suing on Behalf of Mpeketoni Plot Owners) v County Government of Lamu & 4 others

Kariuki & another (Suing on Behalf of Mpeketoni Plot Owners) v County Government of Lamu & 4 others [2025] KEELC 5031 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E013 of 2025

Judge

EK Makori

The court found that the applicants failed to demonstrate a prima facie case with a likelihood of success or to show that they would suffer irreparable harm if conservatory orders were not granted. Evidence presented by the respondents established that public participation occurred through notices and meetings, and that the applicants themselves acknowledged such meetings took place. The court held that the issues of public participation, discrimination against vulnerable groups, and the imposition of land rates on freeholds are central to the main petition and should be determined at trial,…

Source excerpt

• Public Participation
• Property Rights
• County Legislation
• Land Rates
• Conservatory Orders
• Administrative Procedure

Wasike v Principal Secretary Ministry of Basic Education & 4 others

Wasike v Principal Secretary Ministry of Basic Education & 4 others [2025] KEHC 8322 (KLR)

Court

High Court

Case number

Petition E111 of 2024

Judge

LN Mugambi

The court found that while the Parents Association may deliberate and propose ways to raise funds for school development, any additional levies imposed by a public school must strictly comply with Section 29(2)(b) of the Basic Education Act, requiring approval from the Cabinet Secretary in consultation with the County Education Board. The respondents failed to provide evidence of such approval for the levies in question, rendering their imposition unlawful. The court held that Regulation 2(6)(c)-(f) of the Third Schedule is not unconstitutional per se, but its implementation must not infringe…

Source excerpt

• Right To Education
• School Fees And Levies
• Public School Governance
• Children Rights
• Administrative Procedure
• Statutory Interpretation

Registered Trustees Jamie Masjid Ahle Sunait Wal Jamait v Nairobi City County Government & another

Registered Trustees Jamie Masjid Ahle Sunait Wal Jamait v Nairobi City County Government & another [2025] KELAT 170 (KLR)

Court

Land Acquisition Tribunal

Case number

Tribunal Case E008 of 2025

Judges

NM Orina, G Supeyo

The Tribunal held that a land acquisition process was initiated lawfully but never completed, and that prolonged inaction violated the claimant’s property rights.

• Compulsory Acquisition
• Gazette Notices
• Public Project Land
• Constitutional Property Rights
• Administrative Procedure
• Compulsory-acquisition

Kiema & another v National Land Commission & 2 others

Kiema & another v National Land Commission & 2 others [2025] KELAT 169 (KLR)

Court

Land Acquisition Tribunal

Case number

Tribunal Case E026 of 2024

Judges

NM Orina, G Supeyo

The Tribunal dismissed a challenge to compulsory acquisition compensation for land taken for the Kibwezi–Mutomo–Kitui–Kabati road project, finding the Petitioners did not displace the award.

• Compulsory Acquisition
• Just Compensation
• Valuation Of Land
• Public Projects
• Constitutional Rights
• Administrative Procedure

Okoth v Attorney General & 4 others; Kenya Sugar Millers Association (Interested Party)

Okoth v Attorney General & 4 others; Kenya Sugar Millers Association (Interested Party) [2025] KEHC 7279 (KLR)

Court

High Court

Case number

Petition E042 of 2025

Judge

AB Mwamuye

The court found that the applicant had established a strong prima facie case with a high likelihood of success regarding the constitutionality of Sections 9(a) and 20(2) of the Sugar Act, 2024, particularly on grounds of potential infringement of constitutional rights and lack of adequate public participation. The court held that the applicant demonstrated a real and imminent risk of irreparable harm to constitutional rights if the impugned provisions were implemented before the petition was determined. However, the court determined that public interest considerations justified the continued…

Source excerpt

• Public Participation
• Statutory Interpretation
• Economic Regulation
• Administrative Procedure
• Legislative Process
• Judicial Review

Danson v County Physical Planner Taita Taveta County & 3 others; Ethics & Anti Corruption Commission & 2 others (Interested Parties)

Danson v County Physical Planner Taita Taveta County & 3 others; Ethics & Anti Corruption Commission & 2 others (Interested Parties) [2025] KEELC 2925 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E003 of 2025

Judge

EK Wabwoto

The court declined to grant the conservatory orders sought because the Petitioner failed to demonstrate a sufficient and imminent risk of prejudice that would render the petition nugatory if the orders were not granted. The core issues raised by the Petitioner, such as the legality of the change of user and subdivision, could be addressed and conclusively determined during the full trial of the petition.

Source excerpt

• Change Of User
• Public Participation
• Land Subdivision
• Administrative Procedure
• Conservatory Orders

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others [2025] KEHC 3841 (KLR)

Court

High Court

Case number

Constitutional Petition E007 of 2023

Judge

SC Chirchir

The court found that there was adequate public participation by the school in communicating various undertakings to parents through available forums (AGM, BOM, PA meetings). The court also held that Section 29(2)(b) of the Basic Education Act is not unconstitutional as it includes a proviso safeguarding the right to free basic education by prohibiting the denial of school attendance due to non-payment of additional charges.

Source excerpt

• Public Participation
• Right To Education
• Constitutionality Of Statutes
• School Fees And Levies
• Freedom Of Religion
• Administrative Procedure

Haji & 6 others v Cabinet Secretary, Ministry of Tourism and Wildlife & 8 others

Haji & 6 others v Cabinet Secretary, Ministry of Tourism and Wildlife & 8 others [2025] KEELC 1239 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition E003 of 2024

Judge

JM Mutungi

The Petition was dismissed because the Petitioners failed to prove that the Sabuli Wildlife Conservancy had been legally registered as a wildlife conservancy and failed to provide sufficient evidence to substantiate their claims of constitutional and statutory violations, particularly regarding the alleged arbitrary deprivation of community land and lack of public participation.

Source excerpt

• Community Land Rights
• Public Participation
• Wildlife Conservation
• Environmental Impact Assessment
• Deprivation Of Property
• Administrative Procedure

Republic v Board of Directors, Agriculture & Food Authority & 3 others; Gikonyo (Nuts and Oil Crops Directorate & 6 others (Interested Parties); Kiume (Exparte Applicant)

Republic v Board of Directors, Agriculture & Food Authority & 3 others; Gikonyo (Nuts and Oil Crops Directorate & 6 others (Interested Parties); Kiume (Exparte Applicant) [2025] KEELRC 482 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Application E027 of 2024

Judge

B Ongaya

The court quashed and restrained implementation of the Agriculture and Food Authority’s April 2024 staffing policy for lack of Public Service Commission approval.

• Judicial Review
• Public Service Appointments
• Statutory Compliance
• Human Resource Management
• Public Participation
• Administrative Procedure