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Kenya decisions
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The High Court upheld preliminary objections in a constitutional miscellaneous application, finding the access-to-information claim premature, imprecise, and unsupported by a substantive petition.
The court dismissed a preliminary objection on exhaustion, granted leave for a representative suit, and issued a 6-month interim injunction over an alleged unauthorized extra floor.
The High Court struck out the petition and motion, finding the dispute had not exhausted the Societies Act appeal process and that the petitioners lacked locus standi.
The High Court struck out a constitutional petition over an electricity disconnection dispute, holding the matter should first go through EPRA, the Energy Tribunal, police, or EACC where appropriate.
Kiprono & another (On their own behalf and on behalf of the Estate of the Late Annita Jepkorir Chirchir) v Moi Teaching & Referral Hospital & 5 others (Petition E016 of 2025) [2026] KEHC 13174 (KLR) (31 August 2026) (Judgment)
The High Court partly upheld a preliminary objection, struck out claims against the hospital and doctors, but allowed the petition to proceed against the Council on its process.
Irungu v Diageo Kenya Ltd & 7 others (Constitutional Petition E025 of 2026) [2026] KEHC 13192 (KLR) (Commercial and Tax) (31 August 2026) (Ruling)
The High Court granted a limited status quo order over the Diageo–Asahi transaction, found the petitioner had locus standi, and declined to uphold the preliminary objection.
Omollo v Kenya Power and Lighting Company PLC & another (Environment and Land Appeal E077 of 2025) [2026] KEELC 5354 (KLR) (31 August 2026) (Judgment)
The court dismissed an appeal over a wayleave dispute, holding that the magistrate’s court lacked jurisdiction because the Energy Act dispute process had to be exhausted first.
Awino v Institute of Quantity Surveyors of Kenya & 3 others (Petition E041 of 2026) [2026] KEHC 13048 (KLR) (Constitutional and Human Rights) (20 August 2026) (Judgment)
The Court held that the Petitioner had locus standi, but the petition failed because it was premature and not justiciable: the Petitioner had not exhausted the statutory disciplinary mechanisms under the Architects and Quantity Surveyors framework, and the ODPP could not be compelled to investigate where that function lies with the police. As a result, no enforceable constitutional grievance had crystallized against the respondents warranting mandamus or constitutional relief.
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Garissa University v Public Service Commission & another (Judicial Review E052 of 2026) [2026] KEELRC 2417 (KLR) (20 August 2026) (Ruling)
The Court held that although exhaustion is generally mandatory, the review remedy under section 75 of the Public Service Commission Act was not available or viable on the facts because it is confined to two narrow grounds: fresh material facts or an error apparent on the record. The Applicant showed neither ground existed, so requiring review would be futile. Because one cannot be exempted from a mechanism that is not available and viable, the Applicant was entitled to move the Court directly by judicial review. The preliminary objection therefore failed.
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Boro v Tower Sacco Society Ltd (Tribunal Case E20 of 2026) [2026] KECOPT 329 (KLR) (20 August 2026) (Ruling)
The Cooperative Tribunal dismissed a preliminary objection, holding it had jurisdiction over a member–sacco dispute and that the exhaustion argument was fact-dependent.
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