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Kenya decisions
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Communications Authority of Kenya v Kenya Union of Journalists & 2 others [2025] KECA 670 (KLR)
The Court of Appeal dismissed a stay application over a judgment striking down parts of KICA and a broadcasting code, finding the appeal arguable but not nugatory.
Otinga v Cabinet Secretary, Ministry of Education & 3 others [2025] KECA 460 (KLR)
The Council of Legal Education has a legal duty to develop and promulgate regulations for licensing other legal education providers to offer the Advocates Training Programme. Section 16 and the second schedule of the Kenya School of Law Act are inconsistent with the Legal Education Act concerning admission requirements and the recognition of prior learning, and the Legal Education Act, being the later and more specific statute regarding the regulation of legal education, prevails.
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Okoiti v Attorney General & 3 others; Sugut & 6 others (Interested Parties) [2024] KEHC 15701 (KLR)
The Court found that the Petitioner had locus standi under Articles 22 and 258 of the Constitution, regardless of his status as a Senator. The High Court has jurisdiction to determine whether the enactment of the IEBC (Amendment) Act No. 1 of 2023 violated the Constitution. The withdrawal of the Senate Committee's Report, which contained amendments informed by public participation, resulted in the Senate passing the Bill without considering the public's input. This rendered the public participation exercise meaningless and cosmetic, contrary to Articles 10(2)(a) and 118(1)(b) of the Constitut…
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Oliele & 2 others v Parliament of Kenya & 3 others; Football Kenya Federation (Interested Party) [2024] KEHC 12242 (KLR)
The court found that the petitioners failed to demonstrate how section 46(5) of the Sports Act and paragraph (c) of the Second Schedule violated their constitutional rights. The impugned provisions, which limit office bearers of sports organizations to two terms, were held to be reasonable and consistent with the principles of equality and non-discrimination. The court emphasized that the petitioners had already enjoyed their rights to association and candidacy, having served two terms, and had not shown any denial of rights under Articles 27, 36, or 38. The court further held that the enactm…
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County Government of Kakamega v Cabinet Secretary National Treasury & 2 others [2024] KEHC 14700 (KLR)
The High Court determined that the core of the dispute relates to employment and labour relations, specifically the management and governance of pension schemes for county government employees and the appointment of the Local Authorities Provident Fund Board. The Constitution and the Employment and Labour Relations Court Act confer exclusive jurisdiction over such matters to the Employment and Labour Relations Court. The High Court emphasized that jurisdiction is foundational and cannot be assumed or expanded beyond what is provided by law. Since the applicant's grievances concern employer-em…
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Republic & another v Yoma & 11 others & another; Independent Medico-Legal Unit & 2 others (Interested Party) [2024] KEHC 8984 (KLR)
The court held that the charges against the suspects, grounded in the International Crimes Act and the Rome Statute, are properly before the High Court, which has jurisdiction to try such offences. The court found no conflict between section 7(1)(f) of the International Crimes Act, Article 28(b) of the Rome Statute, and Article 245 of the Constitution, as the former deal with individual criminal liability while the latter concerns the hierarchy and command of the National Police Service. The court declined to engage in a merit review of the evidence or the applicability of command responsibil…
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Kibwalei v Speaker County Assembly of Baringo & 2 others; Governor County Government of Baringo (Interested Party) [2024] KEHC 4707 (KLR)
The High Court held that Baringo County Assembly Standing Order 66(6) was inconsistent with the County Governments Act because it prescribed the wrong committee composition.
Railways Workers Union (K) v Kenya Railways Corporation [2023] KEELRC 3444 (KLR)
The court found that section 87 of the Kenya Railways Corporation Act, which requires a statutory notice before instituting proceedings against the Corporation, is in direct conflict with constitutional provisions guaranteeing access to justice and fair hearing. The judge held that procedural technicalities, such as failure to issue statutory notice, cannot override constitutional rights. The court relied on constitutional supremacy and relevant case law to declare section 87 unconstitutional and null and void. Consequently, the Respondent's application to strike out the suit for want of stat…
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Nusu v National Assembly & 5 others; Law Society of Kenya (Interested Party) [2023] KEHC 24602 (KLR)
The High Court determined that the petition challenged the legislative process and constitutionality of the East African Development Bank Act, Cap 493A, and not the operational acts of the EADB as an international organization. The court held that its jurisdiction to interpret the Constitution and determine the constitutionality of statutes is expressly provided for under Article 165(3) of the Constitution. The immunity provisions under the EADB Charter and Act do not oust the court's jurisdiction to review the legislative process or constitutionality of the Act, as the supremacy of the Const…
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Kabunga v Kabunga & another [2023] KEHC 24189 (KLR)
The High Court dismissed a succession appeal, holding that a rice holding was not part of the deceased’s estate and that distributing land equally among all children was lawful.
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