Kenya Case Law

Attorney General & another v Muiu & another

Attorney General & another v Muiu & another [2025] KECA 816 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E146 of 2021

Judges

P Nyamweya, AO Muchelule, GV Odunga

The Court of Appeal held that the Employment and Labour Relations Court lacked jurisdiction to determine disputes concerning the remuneration and removal of members of constitutional commissions, as such matters are governed by the Constitution and not by the Employment Act or labour statutes. The terms of appointment, remuneration, and removal of the 1st respondent, as a commissioner, were constitutionally underpinned and could only be determined with reference to the Constitution, specifically Articles 250 and 251. The dispute was therefore a constitutional question that should have been ve…

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• Jurisdiction Of Elrc
• Constitutional Commissions
• Remuneration Protection
• Removal Of State Officers
• Enforcement Of Fundamental Rights

Awino v Siror; Wandayi & another (Interested Parties)

Awino v Siror; Wandayi & another (Interested Parties) [2025] KEHC 9806 (KLR)

Court

High Court

Case number

Petition E402 of 2024

Judge

AB Mwamuye

The court held that statutory limitation periods under the Public Authorities Limitation Act do not apply to constitutional petitions seeking enforcement of fundamental rights and freedoms, unless expressly provided in the Constitution. The court found that the petition was not time-barred, as there was no inordinate delay in its filing. The court further determined that the exhaustion of statutory remedies is not an absolute bar to the court's jurisdiction in constitutional matters, particularly where the petitioner alleges violations of the Constitution. The preliminary objection raised by…

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• Jurisdiction Of High Court
• Limitation Of Actions
• Enforcement Of Fundamental Rights
• Exhaustion Of Statutory Remedies

Ndetei v Muia & another; County Government of Makueni & another (Interested Parties)

Ndetei v Muia & another; County Government of Makueni & another (Interested Parties) [2025] KEELC 2974 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 006 of 2024

Judge

EO Obaga

The Constitutional Petition was struck out on the grounds of res judicata because the issues, parties, and subject matter were identical to a previously litigated case (ELC 98 of 2017) which resulted in a final judgment affirmed by the Court of Appeal. Additionally, the court lacked the jurisdiction to set aside a judgment of a court of concurrent jurisdiction or one affirmed by a higher court.

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• Res Judicata
• Jurisdiction Of Court
• Enforcement Of Fundamental Rights
• Deprivation Of Property
• Finality Of Judgments
• Abuse Of Court Process

Omtatah v President of the Republic of Kenya

Omtatah v President of the Republic of Kenya [2025] KEHC 2613 (KLR)

Court

High Court

Case number

Petition E514 of 2023

Judge

LN Mugambi

Civil proceedings cannot be instituted in any court against the President or the person performing the functions of the office of the President during their tenure of office in respect of anything done or not done in the exercise of their powers under the Constitution, including acts or omissions that may be contrary to the Constitution but related to the official functions. Such proceedings must be brought against the President through the Attorney General.

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• Presidential Immunity
• Jurisdiction Of High Court
• Civil Proceedings Against President
• Enforcement Of Fundamental Rights

Law Society of Kenya & 3 others v Inspector General of Police & 4 others

Law Society of Kenya & 3 others v Inspector General of Police & 4 others [2025] KEHC 236 (KLR)

Court

High Court

Case number

Constitutional Petition E009 of 2025

Judge

EC Mwita

The court declined to set aside the ex parte conservatory orders, finding that the 1st and 2nd respondents were properly served via email to their respective official public addresses. The court also held that issuing such orders ex parte was justified given the urgency of the matter, the alleged violation of the petitioners' constitutional rights to liberty and being brought before court within 24 hours, and the need to protect the fundamental rights of the missing individuals. The court prioritized the constitutional command regarding the rights of arrested persons and the effectiveness of…

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• Habeas Corpus
• Service Of Process
• Fair Hearing Rights
• Conservatory Orders
• Enforcement Of Fundamental Rights

Nyangara v Rwoti

Nyangara v Rwoti [2024] KEHC 15919 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E070 of 2024

Judge

TA Odera

The court held that conservatory orders are only available as interim reliefs pending the hearing and determination of a constitutional petition. Since the applicants had filed a miscellaneous criminal application without an accompanying constitutional petition, the application was procedurally defective and lacked a legal basis. The court emphasized that the proper procedure for seeking enforcement of fundamental rights and freedoms under Article 22 of the Constitution is by way of a petition, not a miscellaneous application. Consequently, the application was struck out for want of a support…

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• Conservatory Orders
• Anticipatory Bail
• Enforcement Of Fundamental Rights
• Constitutional Petitions

Salat v Attorney General

Salat v Attorney General [2024] KEHC 11328 (KLR)

Court

High Court

Case number

Constitutional Petition 14 of 2019

Judge

JN Onyiego

The court held that constitutional petitions, particularly those seeking declaratory reliefs for violation of fundamental rights and freedoms, are not subject to the procedural requirements of the Law of Succession Act, such as the need for letters of administration. Articles 22 and 258 of the Constitution provide broad standing to institute proceedings for enforcement of rights, including by persons acting on behalf of others or in the public interest. The petitioner, acting on behalf of the deceased, was therefore entitled to bring the petition without a grant of letters of administration.…

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• Locus Standi
• Declaratory Relief
• Succession And Estates
• Enforcement Of Fundamental Rights

Pimp My Ride (Buruburu) & another v Directorate of Criminal Investigations & 3 others

Pimp My Ride (Buruburu) & another v Directorate of Criminal Investigations & 3 others [2024] KEHC 10180 (KLR)

Court

High Court

Case number

Constitutional Petition E032 of 2023

Judge

DO Chepkwony

The High Court dismissed a petitioners’ application seeking to restrain police and прокуратorial action, finding no proof of illegality or abuse of power.

• Enforcement Of Fundamental Rights
• Police Powers And Duties
• Prosecutorial Independence
• Unlawful Arrest And Detention
• Constitutional-petitions
• Police-investigations

Initiative & 2 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 3 others; Katiba Institute (Interested Party); Kenya National Commission on Human Rights (Proposed Interested Party)

Initiative & 2 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 3 others; Katiba Institute (Interested Party); Kenya National Commission on Human Rights (Proposed Interested Party) [2024] KEHC 5284 (KLR)

Court

High Court

Case number

Petition E001 of 2023

Judge

JN Onyiego

The High Court in Garissa allowed the Kenya National Commission on Human Rights to join a constitutional petition as an interested party, finding a sufficient human-rights interest.

• Joinder Of Parties
• Public Interest Litigation
• Enforcement Of Fundamental Rights
• Human Rights Protection
• Joinder-of-parties
• Constitutional-petitions

Kainga v Mukhone & 2 others

Kainga v Mukhone & 2 others [2024] KEHC 4485 (KLR)

Court

High Court

Case number

Constitutional Petition 16 of 2019

Judge

RE Aburili

The High Court struck out a constitutional petition over an alleged police shooting, finding it was really a time-barred tort claim against the Government.

• Limitation Of Actions
• Enforcement Of Fundamental Rights
• State Liability
• Excessive Use Of Force
• Limitation-of-actions
• Constitutional-petitions