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Kenya decisions
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Kenya Karate Federation v Sports Disputes Tribunal; Shisia & 3 others (Interested Parties) [2025] KEHC 10608 (KLR)
The High Court quashed a Sports Disputes Tribunal decision and sent a karate team-selection dispute back to the federation’s internal dispute body.
Exome Life Sciences Kenya Limited v Commissioner of Customs & Boarder Control [2025] KEHC 10030 (KLR)
The Court held that the appellant failed to exhaust the internal dispute resolution mechanisms prescribed under section 229 of the East African Community Customs Management Act (EACCMA) before lodging an appeal to the Tax Appeals Tribunal. The reclassification of the appellant's products was a customs matter governed exclusively by the EACCMA, which requires an aggrieved party to first apply for a review of the Commissioner's decision. Only after such a review decision may an appeal be lodged with the Tribunal under section 230. The Court found that neither the Tax Procedures Act nor the Tax…
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Mwamwero v Njuna & 2 others [2025] KEELC 5250 (KLR)
The court struck out the Plaintiff’s claim against the public defendants as time barred and dismissed the land claim for failure to prove a valid root of title.
Kenya National Police DT Sacco v Directorate of Criminal Investigations & another; Sacco Societies Regulatory Authority & another (Interested Parties) [2025] KEHC 10293 (KLR)
The High Court held that Sacco investigations should be carried out by the specialized SSFIU unit, not bypassed by the DCI without justification.
Africa Center for Corrective and Preventive Action & 11 others v Murang’a County Government & 3 others; Attorney General (Interested Party) [2025] KEHC 10268 (KLR)
The court found that the Water Tribunal's jurisdiction under the Water Act, 2016 is limited to disputes arising from decisions of the Cabinet Secretary, the Authority, or the Regulatory Board, or disputes concerning water services where there is a business contract. The petitioners' grievances did not arise from such a decision or a business contract but from an alleged violation of constitutional rights following a directive by the county government changing their water service provider. The reliefs sought included constitutional declarations and judicial review orders, which are within the…
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Chirchir & 39 others v West Pokot County Government & 2 others [2025] KEELRC 1981 (KLR)
The court held that exhaustion under section 77 did not bar the claim and dismissed a contempt application for lack of proof of wilful disobedience.
Maina v Lufthansa German Airlines [2025] KEHC 9486 (KLR)
The court found that the Petitioner's claim, though framed as a constitutional petition, was fundamentally a commercial dispute arising from the cancellation of a flight ticket and related contractual issues. The Civil Aviation Act establishes the National Civil Aviation Administrative Review Tribunal as the appropriate forum for such disputes, specifically granting it jurisdiction over consumer protection matters, including denied boarding and ticket refunds. The court held that the doctrine of exhaustion required the Petitioner to first pursue her remedies before the Tribunal. No exceptiona…
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Gor & another v County Government of Homa-Bay & 8 others; County Director of Environment (Interested Party) [2025] KEELC 5041 (KLR)
The court found that the preliminary objection partially succeeded. It held that the petition did not fall within the exclusive jurisdiction of the National Environment Tribunal under section 129 of the Environment Management and Coordination Act, as the issues raised were not about licensing but alleged constitutional violations. However, the court determined that the petition failed to meet the threshold for constitutional litigation, as it was not pleaded with the required precision and did not disclose specific constitutional violations or the manner in which they were infringed. The cour…
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Kenya County Government Workers' Union v Taita Taveta County Government & another [2025] KEELRC 1956 (KLR)
The court struck out an employment claim for failure to exhaust internal remedies, finding the dispute over redeployment belonged first before the PSC.
Rubia v Kenya Powere & Lighting Company & 2 others; County Government of Nairobi & another (Interested Parties) [2025] KEHC 9414 (KLR)
The court held that while the Energy Act and related statutes provide for dispute resolution mechanisms and generally require exhaustion of such remedies before judicial intervention, this requirement is not absolute. The High Court retains jurisdiction to determine constitutional questions, especially where the petition alleges violations of fundamental rights and freedoms. The court found that the petition, which challenges the constitutionality of the 1st respondent's actions in disconnecting electricity to county government facilities without exhausting statutory dispute resolution mechan…
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