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Kenya decisions
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Geta Farmers Cooperative Society Limited v Nyandarua County Government & 2 others [2024] KEHC 14998 (KLR)
The High Court struck out a constitutional petition over milk cess enforcement because the petitioner failed to prove its legal registration and capacity to sue.
B & 7 others v Gacanja & 8 others; Ethics and Anti-Corruption Commission & 3 others (Interested Parties) [2024] KEELC 7425 (KLR)
The court held that the petitioners have a constitutional right under Articles 22 and 258 to institute proceedings alleging contravention or threatened contravention of the Constitution, including in matters concerning public land. The presence of statutory bodies such as the EACC and NLC does not preclude public-spirited individuals from seeking judicial redress. The doctrines of exhaustion and ripeness do not bar the petitioners from accessing the court in this context, as the Constitution expressly provides for such access. The preliminary objection, which sought to strike out the petition…
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East African Development Bank v Thousand Palms Beach Hotel Ltd [2024] KECA 639 (KLR)
The Court of Appeal held that the East African Development Bank enjoys absolute immunity from all legal proceedings in Kenya, including those brought by private parties, by virtue of Articles 44 and 45 of the EADB Charter as incorporated into Kenyan law through the EADB Act. The immunity is not limited to suits by member states or their agents but extends to all persons, including contractual counterparties, unless the bank expressly waives its immunity in writing. The existence of an arbitration clause in the loan agreement does not amount to a waiver of immunity; rather, it provides an alte…
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Michael Otieno Nyaguti, Michael Oginga Dache & Robert Ouko Okumu v Kenya National Highways Authority [2021] KECA 982 (KLR)
The Court of Appeal held that section 67(a) of the Kenya Roads Act is a mandatory statutory requirement that must be complied with before instituting legal proceedings against the Kenya National Highways Authority. The appellants failed to serve the requisite one-month notice to the Director General prior to filing their petition, and no evidence of such notice was provided. The court found that the preliminary objection raised by the respondent was a pure point of law, properly pleaded, and dispositive of the suit. The existence of alternative statutory remedies and the mandatory nature of t…
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Benedict Wechuli v Navakholo Constituency Development Fund & National Government Contituencies Development Fund Board [2017] KEELRC 136 (KLR)
The court held that section 56 of the NG-CDF Act did not oust ELRC jurisdiction over an employment dispute, and dismissed the preliminary objection.
Coast Water Services Board v Kenya Railways Corporation, China Bridge & Construction Company (K) Ltd & Attorney General [2017] KEELC 376 (KLR)
The court held that the Environment and Land Court has jurisdiction to hear and determine disputes relating to land, including those founded on constitutional grounds and compulsory acquisition. The existence of alternative dispute resolution mechanisms under the Land Act does not oust the court's jurisdiction or the constitutional right of access to court. Procedural technicalities should not override substantive justice, and any prejudice to the respondents can be addressed through appropriate directions by the court. The preliminary objections raised did not constitute pure points of law a…
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Kenya Deposit Insurance Corporation v Richardson & David Limited & Central Bank of Kenya Limited [2015] KECA 4 (KLR)
The Court of Appeal set aside interim orders restraining DBK’s liquidation, holding that the High Court had impermissibly declared a statute unconstitutional and micromanaged statutory regulators.
Richardson and David Limited v Kenya Deposit Insurance Corporation & Central Bank of Kenya [2015] KEHC 8382 (KLR)
The High Court suspended DBKL’s liquidation for 60 days, upheld the receivership, and ordered consideration of recapitalization proposals and disclosure of assets.
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