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Kenya decisions
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Nairobi Forex Bureau Limited v Mwangi [2025] KEHC 6570 (KLR)
The High Court held that a dispute over alleged employee embezzlement and a debt payment agreement arose from employment and should go to the ELRC.
Jemmah v Ngetich & 6 others; Ethics and Anti-Corruption Commission (Interested Party) [2025] KEHC 3444 (KLR)
The High Court lacks jurisdiction to hear and determine the petition because the core dispute revolves around the conduct of an employee, falling under the exclusive jurisdiction of the Employment and Labour Relations Court and requiring exhaustion of internal employer mechanisms. Furthermore, allegations of violations of leadership and integrity principles against a public officer are primarily within the mandate of the Ethics and Anti-Corruption Commission, necessitating the application of the doctrine of judicial abstention.
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Nyakamba v Directorate of Criminal Investigations & another [2023] KEHC 19021 (KLR)
The court found that the Petitioner failed to prove any constitutional breaches by the Respondents in the investigation, arrest, detention, or prosecution processes. The decision to charge the Petitioner was not unreasonable or oppressive, as the evidence disclosed possible criminal culpability and the existence of internal KRA mechanisms did not preclude prosecution. The Petitioner’s claim of alibi and factual disputes are matters for the trial court, not the constitutional court. The Petitioner did not demonstrate any prejudice arising from the alleged delay in prosecution. Consequently, th…
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Stephen Kioko Muli v Republic [2021] KEHC 8102 (KLR)
The court found that the appellant, a business banker, was the common denominator in all the fraudulent transactions, from opening the accounts to processing loans and presenting withdrawal slips. The circumstantial evidence, including documentary, testimonial, and CCTV evidence, formed a complete chain pointing to the appellant's guilt. The appellant failed to explain the presence of multiple identity cards in his possession, the simultaneous opening of questionable accounts, and his disappearance after the fraud was discovered. The court held that the prosecution proved its case beyond reas…
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Elizabeth Wanjiku Mungai v Director of Public Prosecutions, Kyanjau Housing Co-operative Society Ltd & Michael Njuguna Njonge [2020] KEHC 4446 (KLR)
The High Court dismissed a petition challenging a threatened prosecution, finding no доказated abuse of process and holding that evidentiary weight is for the trial court.
Peter Kennedy Ombati v Nixon Kipkemoi Sigey, Magdalene Muthoka, Samuel Kamindu Ichura, Ethics and Anti-Corruption Commission, Ministry of Industry-Trade & Cooperatives & Inspectorate of State Corporations; New Kenya Cooperative Cremeries(Interested Party) [2019] KEHC 7566 (KLR)
The court held that while it has jurisdiction to determine constitutional questions, such jurisdiction should only be exercised after exhaustion of alternative statutory and internal remedies. The petitioner failed to demonstrate with reasonable precision any violation of his constitutional rights or those of the public, nor did he exhaust available mechanisms such as internal dispute resolution, statutory audit, or procurement review processes. The allegations of corruption, irregular recruitment, and misappropriation of funds are subject to ongoing investigations by the EACC, an independent…
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ALARIC B. Da CUNHA vs NAIROBI GOLF HOTELS (K) LIMITED t/a THE WINDSOR GOLF & COUNTRY CLUB [2001] KEHC 671 (KLR)
The High Court ordered the defendant to provide further and better particulars of its counterclaim, finding the existing particulars vague and inadequate.
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