Kenya Case Law

Matindi v CS, National Treasury & Planning & 4 others

Matindi v CS, National Treasury & Planning & 4 others [2023] KEHC 1144 (KLR)

Court

High Court

Case number

Constitutional Petition E280 of 2021

Judge

DKN Magare

The High Court held that Legal Notice No 15 of 2021, which exempted Japanese companies, consultants, and employees from income tax, was unconstitutional for violating the principles of equality, non-discrimination, and tax neutrality under Article 27 of the Constitution. The court found that section 13(2) of the Income Tax Act, to the extent it authorized tax waivers by Gazette notice for specified persons without legislation, was inconsistent with Article 210, which requires that all tax waivers be authorized by legislation, accompanied by public records, reasons, and reporting to the Audito…

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• Tax Waivers
• Public Participation
• Delegated Legislation
• Discrimination On Nationality
• Separation Of Powers
• Income Tax Exemptions

Steve Isaac Kawai, Mangok Jackline Akuot & Miji Marvella Jimmy Wongo v Council of Legal Education, Kenya School of Law & Attorney General

Steve Isaac Kawai, Mangok Jackline Akuot & Miji Marvella Jimmy Wongo v Council of Legal Education, Kenya School of Law & Attorney General [2021] KEHC 6783 (KLR)

Court

High Court

Case number

Petition 393 of 2018

The court found that Section 12(a) of the Advocates Act, by excluding citizens of South Sudan from admission to the Roll of Advocates in Kenya, is inconsistent with Article 27 of the Constitution as it discriminates against citizens of a Partner State of the East African Community without justification. The court held that the exclusion was not rationally connected to a legitimate government purpose, especially since South Sudan is now a member of the Community and the original intent of the provision was to include citizens of Partner States. The court further held that the decision of the C…

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• Right To Equality
• Right To Education
• Refugee Rights
• Admission To Legal Profession
• Discrimination On Nationality
• Treaty Interpretation

Mustafa Abdulrahman Khogali v Gulf African Bank Limited

Mustafa Abdulrahman Khogali v Gulf African Bank Limited [2020] KEHC 807 (KLR)

Court

High Court

Case number

Petition 4 of 2018

The High Court held that closing a Sudanese customer's bank account amounted to nationality-based discrimination and violated his consumer rights. It awarded Kshs. 2 million in damages.

• Discrimination On Nationality
• Consumer Rights
• Bank Account Closure
• Constitutional Remedies
• Discrimination-on-nationality
• Consumer-rights

Chukwuemeka John Emmanuel v Republic

Chukwuemeka John Emmanuel v Republic [2017] KEHC 8605 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 38 (B) of 2017

Judge

LK Kimaru

High Court dismissed a bail pending trial application, finding the applicant’s foreign nationality, lack of fixed abode, and the serious drug-trafficking charge were compelling reasons to deny release.

• Bail Pending Trial
• Flight Risk
• Compelling Reasons
• Presumption Of Innocence
• Discrimination On Nationality
• Bail-pending-trial