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Kenya decisions
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Makobo v Inspector General of Police & 3 others [2025] KEHC 9471 (KLR)
The High Court at Thika transferred a constitutional petition to Machakos High Court, holding that territorial jurisdiction lay where the cause of action and land subject matter were situated.
Hassan & another v Anti-Counterfeit Agency & another; Sime Derby Oils Professional SDN.BHD (Interested Party) [2025] KEHC 9200 (KLR)
The court found that the Petitioners failed to establish a reasonable cause of action against the 2nd Respondent, as no prosecution had been initiated and no evidence of imminent threat or violation of rights was presented. The 1st Respondent acted within its statutory mandate under the Anti-Counterfeit Act to investigate complaints of counterfeiting, and the expungement of the Petitioners' trademark was lawful and unchallenged by any stay or reversal. The existence of ongoing civil proceedings did not preclude criminal investigations or potential prosecution, as both can run concurrently und…
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Chere v Board of Directors Lake Basin Development Authority & 4 others; Lake Basin Development Authority & 120 others (Interested Parties) [2025] KEELRC 1815 (KLR)
The Court found that the Employment and Labour Relations Court (ELRC) has jurisdiction to hear petitions that allege violations of constitutional rights in the context of employment and labour relations, including those involving the appointment of board members of state corporations, where the issues raised touch on transparency, public participation, and adherence to constitutional values. The Court held that the Petitioner has locus standi under Articles 22 and 258 of the Constitution to bring the petition in the public interest. The Court further determined that the preliminary objection,…
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Leonard & 3 others v Ministry of Interior and Coordiantion of National Government & 5 others [2025] KEELRC 1705 (KLR)
The court dismissed a petition challenging an assistant chief appointment, holding the petitioners failed to prove non-residency, discrimination, or procedural unfairness.
Omollo (Suing as the Administrator Ad Litem of the Estate of John Omolo Anditi - Deceased) v Asembo (Sued as the Administrator of the Estate of Lazaro Odera Jura) & 6 others [2025] KEELC 5087 (KLR)
The court held that the preliminary objection was merited because the petition was filed outside the mandatory statutory timelines for seeking judicial review orders, specifically the six-month period under Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules. The petitioner failed to demonstrate any exceptional circumstances justifying bypassing the statutory dispute resolution mechanisms or the limitation period. The court found that the petitioner and her estate had participated in the adjudication appeal process and were not prevented by the respondents from…
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Kamau v County Government of Trans-Nzoia & another [2025] KEELC 4328 (KLR)
The court found that while the Alternative Justice System (AJS) process is constitutionally encouraged and can facilitate amicable dispute resolution, its recommendations cannot be imposed on parties without their consent, especially where one party (the respondents) did not participate in the AJS hearing and has expressly objected to the recommendations. The court emphasized that statutory and constitutional functions of county governments, particularly regarding land management and provision of services, must be exercised within the framework of the law and cannot be circumvented by extra-j…
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Wambugu & 2 others v Equity Bank & 2 others [2025] KEELRC 1653 (KLR)
The court held that the petition was time-barred under section 90 of the Employment Act, 2007, as the petitioners were dismissed in 2015 and the petition was filed in 2019, beyond the three-year limitation period. The court found that the petitioners failed to provide a sufficient explanation for the delay after being absolved in the related criminal proceedings in 2017. The court further held that constitutional claims do not automatically override statutory limitation periods in employment disputes, and that claims for malicious prosecution, whether arising from or independent of the employ…
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Trusted Society of Human Rights Alliance v Kenya Revenue Authority & another; National Treasury & 2 others (Interested Parties) [2025] KEHC 8769 (KLR)
The Court found that while the Petitioner raised arguable constitutional questions regarding fair administrative action and public service protections, he failed to demonstrate a real risk of irreparable harm or that the Petition would be rendered nugatory if conservatory orders were not granted. The Petitioner remained employed, with no imminent or irreversible harm shown, and any prejudice suffered could be remedied by final orders if the Petition succeeded. The Court further held that the balance of convenience and public interest weighed against granting interim relief, as doing so could…
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Kiome v Independent Electoral & Boundaries Commission; County Assembly of Meru & another (Interested Parties) [2025] KEHC 6441 (KLR)
The court found that the Respondent's refusal to clear and gazette a County Returning Officer for the petitioner, despite her meeting all constitutional and statutory requirements for the office of Deputy Governor, was unlawful and violated her rights under Articles 19, 20, 22, 27, 38, 47, 180, and 258 of the Constitution. The court held that the clearance process is an administrative action that should not be stalled by the absence of a quorate Commission, especially where the law does not contemplate a vacuum in public office. The court relied on the principle that equity will not suffer a…
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Mueni & 2 others (Suing on their Own Behalf and on Behalf of Members of "Boyani Community") v Third Engineering Bureau of China City Group Limited & 3 others [2025] KEELC 4000 (KLR)
The court held that while the National Environment Tribunal has original jurisdiction over disputes relating to the grant, refusal, or revocation of environmental licenses under Section 129 of EMCA, the present petition is primarily a constitutional claim alleging violations of rights under the Bill of Rights, including ongoing environmental harm and deprivation of constitutional entitlements. The reliefs sought, such as declarations and compensation, are remedies that only the Environment and Land Court can grant under Articles 22 and 23 of the Constitution. The court further found that the…
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