Kenya Case Law

Okoiti & 3 others v Attorney General & 2 others; County Assemblies’ Forum (CAF) & 2 others (Interested Parties)

Okoiti & 3 others v Attorney General & 2 others; County Assemblies’ Forum (CAF) & 2 others (Interested Parties) [2025] KEHC 9654 (KLR)

Court

High Court

Case number

Petition E419 of 2023

Judge

EC Mwita

The court held that the impugned provisions of the County Governments Act, which provide for the impeachment and removal of county governors, deputy governors, speakers, and their deputies, are constitutional. Parliament derived its mandate from articles 178(3) and 181(2) of the Constitution to enact legislation on the election and removal of these officials. The process established by the Act provides for procedural safeguards, including notice, the right to appear and be represented, and the right to challenge the process in court. The removal process is political, not judicial, and is text…

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• Impeachment Of County Officers
• Due Process Rights
• Separation Of Powers
• Fair Hearing
• Statutory Interpretation
• Public Officer Removal

Radheylal v Director Immigration & 3 others

Radheylal v Director Immigration & 3 others [2025] KEHC 6316 (KLR)

Court

High Court

Case number

Petition E293 of 2024

Judge

LN Mugambi

The court found that while the doctrine of exhaustion generally requires parties to utilize all internal dispute resolution mechanisms before approaching the court, exceptions exist where such remedies are unavailable or ineffective. In this case, the petitioner demonstrated attempts to engage the Review and Appeal Committee through acknowledged correspondence, to which the respondents failed to respond. The court held that the petitioner's actions were in line with statutory requirements and that the respondents' inaction justified exemption from the exhaustion doctrine. However, regarding t…

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• Citizenship Revocation
• Doctrine Of Exhaustion
• Due Process Rights
• Immigration Control
• Right Of Entry
• Judicial Review

Ebuka v Director of Immigration Services & 2 others

Ebuka v Director of Immigration Services & 2 others [2025] KEHC 4138 (KLR)

Court

High Court

Case number

Petition E256 of 2022

Judge

AB Mwamuye

The court dismissed the petition because the respondents demonstrated that they had a legal and justifiable basis, supported by evidence and falling under a recognized category of prohibited immigrants under Section 33(1)(b) of the Kenya Citizenship and Immigration Act, to declare the petitioner a prohibited immigrant and order his deportation under Section 43(1) of the Act.

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• Deportation Orders
• Prohibited Immigrants
• Due Process Rights
• Immigration Control

Ngeno & 3 others v County Government of Bomet & 2 others

Ngeno & 3 others v County Government of Bomet & 2 others [2025] KEHC 3758 (KLR)

Court

High Court

Case number

Petition E007 of 2024

Judge

JK Ng'arng'ar

The High Court at Bomet refused to strike out a supporting affidavit and granted conservatory orders halting a county assembly removal process pending the petition.

• Removal From Public Office
• County Government Procedure
• Conservatory Orders
• Due Process Rights
• Conservatory-orders
• County-government-procedure

Fiidow v Director of Immigration & 5 others

Fiidow v Director of Immigration & 5 others [2024] KEHC 16212 (KLR)

Court

High Court

Case number

Petition E057 of 2023

Judge

LN Mugambi

The court found that the Petitioner failed to credibly prove her claim to Kenyan citizenship, as the 1st Respondent provided uncontroverted evidence that she entered Kenya as a Somali national and fraudulently acquired Kenyan documents. The Constitution and relevant statutes allow for revocation of citizenship and identity documents obtained by fraud, provided due process is followed. However, the court held that the Petitioner.s detention for more than 24 hours without being presented before a court was unlawful and violated her constitutional right to freedom and security of the person. The…

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• Citizenship Revocation
• Unlawful Detention
• Due Process Rights
• Deportation Procedure

Kulei v Governor, Kajiado County, Hon Joseph ole Lenku & another

Kulei v Governor, Kajiado County, Hon Joseph ole Lenku & another [2024] KEELRC 13563 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E017 of 2024

Judge

B Ongaya

The court found that the Governor of Kajiado County acted ultra vires in terminating the petitioner’s employment as County Chief Officer by invoking sections 31(a) and 45 of the County Governments Act, 2012. The statutory framework does not grant the Governor the power to dismiss County Chief Officers; instead, disciplinary control and removal are vested in the County Public Service Board under section 59(1)(c) of the Act. The court emphasized that due process, as enshrined in section 76 of the Act and Article 236 of the Constitution, must be observed in disciplinary matters involving public…

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• Unlawful Termination
• Disciplinary Procedure
• Public Service Employment
• Due Process Rights

Nyangongo & another v Cabinet Secretary, Ministry of Education & 8 others

Nyangongo & another v Cabinet Secretary, Ministry of Education & 8 others [2024] KEELRC 836 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 7 of 2022

Judge

CN Baari

The court found that while the issue of the constitutionality of the TSC circular transferring TVET lecturers to the Ministry of Education had already been determined in previous litigation (and thus was res judicata), the orders declaring the circular unconstitutional remained in force, as the stay orders had been set aside. Consequently, any actions taken pursuant to the unconstitutional circular, including the transfer of the Petitioners, were unlawful. The court further held that the Petitioners were entitled to due process regardless of the circular, and that the Respondents failed to ac…

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• Unfair Labour Practices
• Constructive Dismissal
• Transfer Of Employees
• Due Process Rights
• Public Service Employment
• Trade Union Membership

Egal v Director General of Kenya Citizens and Foreign National Services & 2 others

Egal v Director General of Kenya Citizens and Foreign National Services & 2 others [2024] KEHC 183 (KLR)

Court

High Court

Case number

Petition E127 of 2023

Judge

LN Mugambi

The Court held that regaining Kenyan citizenship by birth after loss due to acquisition of foreign citizenship under the pre-2010 Constitution is not automatic but subject to a formal application and verification process as set out in Article 14(5) of the Constitution and Section 10 of the Kenya Citizenship and Immigration Act. The Petitioner, having not completed this process, could not claim citizenship rights. However, the Respondents inordinately delayed processing the Petitioner's application for over five years without providing specific reasons or requesting further information, consti…

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• Citizenship By Birth
• Regaining Citizenship
• Fair Administrative Action
• Inadmissibility And Removal
• Due Process Rights

Boor v Director of Public Prosecutions & 2 others

Boor v Director of Public Prosecutions & 2 others [2023] KEHC 2738 (KLR)

Court

High Court

Case number

Petition 25 of 2022

Judge

RN Nyakundi

The High Court granted conservatory orders stopping investigations, arrest, prosecution, and lease-registration directions over disputed land pending determination of the petition.

• Conservatory Orders
• Land Registration Disputes
• Abuse Of Office
• Due Process Rights
• Conservatory-orders
• Land-registration-disputes

Sonko v County Assembly of Nairobi City & 11 others

Sonko v County Assembly of Nairobi City & 11 others [2022] KESC 76 (KLR)

Court

Supreme Court

Case number

Petition 11 (E008) of 2022

Judges

MK Koome, PM Mwilu, MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola, W Ouko

The Supreme Court held that it lacked jurisdiction to entertain the appeal as the appellant failed to specify under which limb of article 163(4) of the Constitution the appeal was brought, a mandatory requirement for invoking the Court's appellate jurisdiction. Nevertheless, in view of the public interest and the need to provide jurisprudential guidance, the Court addressed the substantive issues. It found that due process was followed in the impeachment of the Governor, with the appellant being given adequate notice, opportunity to respond, and representation. The verification of the impeach…

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• Impeachment Of Governor
• Due Process Rights
• Public Participation
• Separation Of Powers
• Fair Administrative Action
• Jurisdiction Of Supreme Court