Kenya Case Law

Mahir Properties Limited v Raas Global Limited & 3 others

Mahir Properties Limited v Raas Global Limited & 3 others [2025] KEELC 5138 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E434 of 2024

Judge

CG Mbogo

The court found that although the joint venture agreement contained a valid arbitration clause, the 1st defendant/applicant failed to bring the application for stay of proceedings and referral to arbitration promptly as required by Section 6 of the Arbitration Act. The applicant had already participated in the proceedings by filing responses and had not sought referral to arbitration at the earliest opportunity. The delay in making the application indicated acquiescence to the court's jurisdiction. Consequently, the court held that the application was an afterthought and that the requirements…

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• Stay Of Proceedings
• Arbitration Agreements
• Joint Venture Disputes
• Timeliness Of Applications
• Alternative Dispute Resolution
• Costs Orders

Shari v Daniel & 4 others

Shari v Daniel & 4 others [2025] KEELC 5021 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E062 of 2024

Judge

EK Makori

The court dismissed a preliminary objection and injunction application in a boundary dispute, remitting the matter to the Land Registrar for statutory boundary determination.

• Boundary Disputes
• Land Registration
• Jurisdiction Of Land Registrar
• Injunctive Relief
• Alternative Dispute Resolution
• Boundary-disputes

Chogo & 6 others v Torun & 7 others

Chogo & 6 others v Torun & 7 others [2025] KEELC 4836 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Civil Application 134 of 2013

Judge

LL Naikuni

The court found that the plaintiffs and their ancestors had been in open, continuous, and exclusive occupation of the suit land (MN/I/5141) for over 40 years, constructing homes, farming, and burying family members there. The evidence, including a site visit, confirmed their physical presence and development of the land. The court held that the plaintiffs' occupation was non-permissive and adverse to the interests of the registered owner, and that the 6th respondent's acquisition of title was unlawful and did not interrupt the plaintiffs' possession. The subsequent transfer to the 7th respond…

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• Adverse Possession
• Title Cancellation
• Historical Land Injustice
• Land Registration
• Limitation Of Actions
• Alternative Dispute Resolution

Rose Esther Muthoni Wamuiya t/a Paradisco Bar and Restaurant v County Government of Kiambu & 10 others

Rose Esther Muthoni Wamuiya t/a Paradisco Bar and Restaurant v County Government of Kiambu & 10 others [2025] KEHC 9631 (KLR)

Court

High Court

Case number

Constitutional Petition E013 of 2024

Judge

DO Chepkwony

The High Court directed the preliminary objection on jurisdiction to be heard first, and declined to grant interim release or preservation orders for seized goods.

• Jurisdiction Of High Court
• Exhaustion Of Statutory Remedies
• Liquor Licensing Disputes
• Conservatory Orders
• Alternative Dispute Resolution
• Jurisdiction

Miri & another (Suing as Representatives of Redsoil Ridge Residents Association) v Munene & 2 others

Miri & another (Suing as Representatives of Redsoil Ridge Residents Association) v Munene & 2 others [2025] KEELC 4675 (KLR)

Court

Environment and Land Court

Case number

Environment and Planning Petition E002 of 2025

Judge

JM Onyango

The court found that both the Physical and Land Use Planning Act, 2019 and the Environmental Management and Coordination Act, 1999 provide for specific statutory mechanisms for resolving disputes regarding development permissions and enforcement notices. The petitioners failed to utilize these mechanisms, namely appealing to the County Physical and Land Use Planning Liaison Committee or the National Environment Tribunal, before approaching the court. The doctrine of exhaustion requires that such remedies be exhausted unless exceptional circumstances are demonstrated, which was not the case he…

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• Jurisdiction Of Environment And Land Court
• Exhaustion Of Statutory Remedies
• Development Permissions
• Enforcement Notices
• Environmental Impact Assessment
• Alternative Dispute Resolution

Teiyia & 4 others v Keshine & 14 others; Oltepes Group Ranch & another (Interested Parties)

Teiyia & 4 others v Keshine & 14 others; Oltepes Group Ranch & another (Interested Parties) [2025] KEELC 4706 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E011 of 2024

Judge

LC Komingoi

The court dismissed a preliminary objection, holding that disputed facts about the group ranch’s registration status meant exhaustion could not be decided as a pure point of law.

• Community Land Registration
• Doctrine Of Exhaustion
• Jurisdiction Of Environment And Land Court
• Preliminary Objection
• Alternative Dispute Resolution
• Preliminary-objection

Commissioner of Domestic Taxes v Baker Hughes EHO Limited (Kenya Branch)

Commissioner of Domestic Taxes v Baker Hughes EHO Limited (Kenya Branch) [2025] KEHC 8751 (KLR)

Court

High Court

Case number

Income Tax Appeal E199 of 2023

Judge

BK Njoroge

The High Court dismissed an income tax appeal, upholding findings that salary reimbursements were not withholding-taxable professional fees and that older assessments were time-barred.

• Withholding Tax
• Pay As You Earn
• Tax Assessment Time Barring
• Penalties And Interest
• Employment Relationships
• Alternative Dispute Resolution

Kenya Tea Growers Association v Tea Board of Kenya & 2 others

Kenya Tea Growers Association v Tea Board of Kenya & 2 others [2025] KEHC 8553 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application 139 of 2021

Judge

RE Aburili

The court found that the parties had amicably resolved their dispute through alternative dispute resolution and filed a consent to withdraw the judicial review proceedings. In accordance with Article 159(2)(c) of the Constitution, which encourages courts to promote alternative dispute resolution, and upon the parties' request, the court adopted the consent as an order. The proceedings were marked as wholly withdrawn, and each party was ordered to bear its own costs, effectively closing the file.

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• Judicial Review Withdrawal
• Consent Orders
• Alternative Dispute Resolution
• Costs Orders

Kenya Power & Lighting Co. PLC v County Government of Nairobi City & another

Kenya Power & Lighting Co. PLC v County Government of Nairobi City & another [2025] KEELC 4390 (KLR)

Court

Environment and Land Court

Case number

Environment and Planning Petition E009 of 2025

Judge

AA Omollo

The Environment and Land Court dismissed preliminary objections challenging jurisdiction, holding that alleged constitutional and environmental claims were not barred at this stage.

• Jurisdiction Of Environment And Land Court
• Doctrine Of Exhaustion
• Constitutional Avoidance
• Alternative Dispute Resolution
• Right To Clean And Healthy Environment
• Preliminary Objection Threshold

Mbugua v Kerore & 4 others

Mbugua v Kerore & 4 others [2025] KEELC 4454 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition E005 of 2024

Judge

LN Gacheru

The court dismissed a land constitutional petition as premature, holding the petitioner had not exhausted the appeal process under the Land Adjudication Act.

• Land Adjudication
• Right To Property
• Doctrine Of Exhaustion
• Fair Administrative Action
• Discrimination
• Alternative Dispute Resolution