Kenya Case Law

Otana v Equity Bank Limited

Otana v Equity Bank Limited [2025] KECA 1324 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E032 of 2022

Judges

SG Kairu, KI Laibuta, GWN Macharia

The Court of Appeal found that the appellant was notified of the disciplinary hearing by telephone and failed to attend, thereby locking himself out of the procedural fairness safeguards provided by law. The court held that section 41(1) of the Employment Act does not require written notice, only that the employee be notified and given an opportunity to be heard. The appellant's refusal to attend on the basis of pending criminal proceedings was not justified, as criminal and disciplinary processes are distinct and can proceed concurrently. The court further found that the respondent's interna…

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• Wrongful Termination
• Disciplinary Procedure
• Summary Dismissal
• Fair Hearing
• Internal Investigations
• Employee Misconduct

Bargochut v Birir & 13 others

Bargochut v Birir & 13 others [2025] KEELC 5316 (KLR)

Court

Environment and Land Court

Case number

Petition 07 of 2018

Judge

MN Kullow

The court found that the Petitioner failed to specifically plead and strictly prove fraud as required by law. The evidence presented—copies of the green card and official searches—did not establish any fraudulent acts or collusion by the Respondents. The Petitioner did not demonstrate that she had a registered, beneficial, or otherwise legally recognized interest in the suit land, nor did she provide any grant of letters of administration or confirmation of grant to show authority to act on behalf of her late father’s estate. The court held that Article 40 protection is limited to lawfully ac…

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• Land Adjudication
• Fraudulent Title Claims
• Right To Property
• Succession And Beneficial Interest
• Fair Hearing
• Limitation And Laches

Orioki v Del Monte Kenya Limited

Orioki v Del Monte Kenya Limited [2025] KEELRC 2052 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E021 of 2025

Judge

B Ongaya

The court found that the primary dispute between the parties was one of unfair termination of employment, which is governed by statutory provisions under the Employment Act, 2007. The court held that the petitioner’s grievances, though framed as constitutional violations, were fundamentally employment-related and could be adequately addressed through an ordinary statement of claim rather than a constitutional petition. The court emphasized that the doctrine of constitutional avoidance requires that constitutional issues be determined only when necessary, and where statutory remedies exist, th…

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• Unfair Termination
• Constitutional Avoidance
• Legitimate Expectation
• Disciplinary Procedure
• Fair Hearing
• Employment Contracts

JN & another v KNK

JN & another v KNK [2025] KEHC 9900 (KLR)

Court

High Court

Case number

Civil Appeal E108 of 2023

Judge

TW Ouya

The High Court allowed an appeal against orders granting sole custody and a warrant of arrest, holding that a consent custody order remained binding and contempt was not proved.

• Child Custody
• Consent Judgment
• Best Interest Of Child
• Warrants Of Arrest
• Fair Hearing
• Contempt Of Court

Ounga & another v Land Registrar Kisumu & another; Leo Investments Ltd (Interested Party)

Ounga & another v Land Registrar Kisumu & another; Leo Investments Ltd (Interested Party) [2025] KEELC 5234 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E005 of 2024

Judge

SO Okong'o

The court held that while the determination of boundary disputes falls within the statutory mandate of the Land Registrar, the Environment and Land Court retains jurisdiction to adjudicate claims of constitutional violations arising from such processes. The Petitioners' rights to access information and fair hearing were infringed when the 1st Respondent failed to provide requested documents necessary for the Petitioners to prepare their defense in the boundary dispute. The court found no procedural fault in the issuance of the summons but determined that the refusal to supply information comp…

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• Boundary Disputes
• Right To Information
• Fair Administrative Action
• Fair Hearing
• Land Registration
• Property Rights

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another [2025] KEELC 5028 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E004 of 2022

Judge

AE Dena

The court found that the witness statement of Monica Otieno Oyugi could not be admitted as evidence in chief because it was not an affidavit and did not meet the requirements for admissibility under Sections 33 or 35 of the Evidence Act. Section 33 requires that the statement fit within specific exceptions, which the statement did not. Section 35 applies to documentary evidence, not to unsworn witness statements. The court emphasized that a witness statement is not evidence until adopted in court, and the adversarial system requires that evidence be tested through cross-examination. Admitting…

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• Admissibility Of Evidence
• Witness Statements
• Incapacity Of Witness
• Documentary Evidence
• Fair Hearing
• Land Disputes

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

Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited

Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited [2025] KEELC 4403 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E015 of 2024

Judge

CK Nzili

The court found that the applicant failed to establish any objective or reasonable basis for apprehension of bias or lack of impartiality on the part of the judge. The supporting affidavit did not specify the authority of the deponent to represent the company, nor did it provide concrete facts demonstrating bias. The court emphasized that the mere lodging of a complaint with the Judicial Service Commission or previous unfavorable rulings are not sufficient grounds for recusal. The doctrine of the duty to sit requires judges to hear and determine matters unless there are compelling reasons to…

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• Judicial Recusal
• Perceived Bias
• Duty To Sit
• Fair Hearing
• Review Of Rulings

Damon v Wairegi Kiarie & Associates Advocates

Damon v Wairegi Kiarie & Associates Advocates [2025] KEHC 7696 (KLR)

Court

High Court

Case number

Civil Miscellaneous Application E066 of 2023

Judge

GL Nzioka

The court found that the applicant's supplementary submissions were in fact received and stamped by the High Court registry prior to the delivery of the taxing master's ruling, but were not considered due to an administrative error by the court registry. This omission was not attributable to the applicant or her advocates. The failure to consider the submissions prejudiced the applicant and constituted a denial of the right to a fair hearing as guaranteed by Article 50 of the Constitution. On this procedural ground alone, the court held that the taxing master's ruling could not stand, and set…

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• Taxation Of Costs
• Advocate Client Bill
• Derivative Actions
• Fair Hearing
• Procedure On Reference

Ustawi Grain Millers Limited v Hema Bakers Limited; Oliech (Objector); Direct ‘O’ Auctioneers (Interested Party)

Ustawi Grain Millers Limited v Hema Bakers Limited; Oliech (Objector); Direct ‘O’ Auctioneers (Interested Party) [2025] KEMC 135 (KLR)

Court

Magistrate's Court

Case number

Civil Case E727 of 2022

Judge

PA Ndege

The court found that although the application for contempt was unopposed, it was necessary to ensure that the requirements of service and fair hearing were met due to the quasi-criminal nature of contempt proceedings. The court held that personal service on the Interested Party was required to satisfy procedural fairness and the right to be heard. Accordingly, the court issued summons for the Interested Party to attend court physically and defend himself. However, given the urgency and the ongoing exposure of the motor vehicle to damage, the court granted interim orders for the immediate and…

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• Contempt Of Court
• Enforcement Of Court Orders
• Interim Relief
• Fair Hearing
• Service Of Process