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GYL v Republic [2025] KECA 1339 (KLR)
The Court of Appeal dismissed a second appeal in a defilement case, holding that delay before retrial did not warrant acquittal and that the conviction was proved beyond reasonable doubt.
Attorney General & 2 others v Mohammed & 4 others [2025] KECA 1197 (KLR)
The Court of Appeal found that the applicants had demonstrated an arguable appeal, as the issues raised were not frivolous and warranted full consideration. The respondents, having failed to file any response or submissions, did not challenge the applicants' assertions regarding their inability to refund the decretal sum if the appeal succeeded. The court was satisfied that, in the absence of a rebuttal, there was a real risk that the appeal would be rendered nugatory if execution was not stayed, particularly as the decretal amount would be paid from public funds and may not be recoverable fr…
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Cosmas & 2 others v Natembeya, Governor, Trans Nzoia County & 2 others [2025] KEELRC 1996 (KLR)
The court found that the petitioners were constructively dismissed from their positions as County Executive Committee Members by the actions of the respondents, specifically through Executive Order No. 1 of 2025 and the subsequent internal memo. The evidence, including exclusion from official communication channels and denial of office access, demonstrated that the petitioners were effectively removed from their roles without due process. The respondents failed to provide any evidence of disciplinary proceedings or reassignment of duties, and their allegations of absconding duty were unsuppor…
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Wanje & 2 others (Suing as Officials of Matolani Residents Development Association) v County Government of Kilifi & 6 others [2025] KEELC 4744 (KLR)
The court found that the petitioners' claim is not for compensation but challenges the legality of the allocation of their ancestral land, specifically alleging there was no lawful setting apart as required by the Trust Land Act and the Constitution. Since there is no prayer for compensation, the statutory procedure for compensation claims under the Trust Land Act does not apply. The court further held that the Environment and Land Court has original jurisdiction to determine the legality of land allocations and alleged constitutional violations, especially in the post-2010 constitutional fra…
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Wanje & 2 others (Suing as Officials of Matolani Residents Development Association) v County Government of Kilifi & 6 others [2025] KEELC 4333 (KLR)
The court found that the petitioners' claim was not for compensation but challenged the legality of the allocation of their ancestral land, specifically alleging there was no lawful setting apart as required by the Trust Land Act and the Constitution. Since the petition did not seek compensation, the procedural requirements for compensation claims under the Trust Land Act, including the need to first approach the District Commissioner and follow the appellate hierarchy, did not apply. The Environment and Land Court, by virtue of Article 162 of the Constitution and Section 13 of the ELC Act, h…
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Gold v Republic [2025] KEHC 7538 (KLR)
The court held that it lacked jurisdiction to entertain the petition because the petitioner had already appealed her conviction and sentence, and the appeal was dismissed on merit. The issues raised in the constitutional petition could and should have been raised in the appeal. The court found that the petition was an attempt to seek a review of its own appellate decision through the backdoor, which is not permissible. Furthermore, the court determined that the petition did not meet the threshold of a constitutional petition as it failed to specify the acts or omissions constituting the alleg…
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Oira v Ethics and Anti-Corruption Commission & another [2025] KEHC 7794 (KLR)
The High Court dismissed claims for defamation, malicious prosecution, inducement of breach of contract, and constitutional violations arising from FIFA World Cup procurement investigations.
Ngoka v Odera & 11 others [2025] KEELC 4477 (KLR)
The court held that although the Environment and Land Court derives its jurisdiction from Article 162(2) of the Constitution and Section 13 of the ELC Act, the specific dispute in this petition—relating to the approval of development plans and alleged violations arising from such approvals—falls within the statutory framework established by the Physical and Land Use Planning Act (PLUPA). Under PLUPA and its regulations, disputes concerning local physical and land use development plans must first be addressed by the County Physical and Land Use Planning Liaison Committee, which is the primary…
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Kenya County Government Workers Union v County Government of Kitui & another [2025] KEELRC 1320 (KLR)
The court held that while statutory provisions require exhaustion of dispute resolution mechanisms such as appeals to the Public Service Commission before approaching the court, these requirements do not oust the court's jurisdiction in cases where illegality or unconstitutionality is alleged. The court found that the preliminary objection, which was based on lack of jurisdiction due to non-exhaustion and failure to issue notice under the Government Proceedings Act, could not succeed because the petition raised constitutional issues regarding the legality of the respondents' actions. The cour…
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Opondo v Dodia & another [2025] KEELRC 1317 (KLR)
The Employment and Labour Relations Court struck out a constitutional petition over alleged unfair termination and workplace injury, holding the injury claim belonged under WIBA.
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