Kenya Case Law

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party)

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party) [2025] KEHC 10446 (KLR)

Court

High Court

Case number

Judicial Review E005 of 2025

Judge

CM Kariuki

The Court found that the Interested Party was properly served with the judicial review application and subsequent motions via email, as permitted by the Civil Procedure Rules. The Interested Party did not provide credible evidence to rebut the affidavit of service or to show that their advocate was not served. The ex parte orders issued on 25th June 2025 were therefore regular and lawful. The Interested Party failed to act diligently to protect their interests and instead engaged in conduct contrary to the court process, including forcefully accessing the church premises. The right to worship…

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• Service Of Process
• Ex Parte Orders
• Joinder Of Parties
• Freedom Of Worship
• Injunctive Relief
• Costs Award

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties)

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties) [2025] KEELC 5264 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E020 of 2024

Judge

YM Angima

The court held that the petitioners were not entitled to challenge the decision of the National Environment Tribunal (NET) by way of a constitutional petition, as the Environmental Management and Coordination Act (EMCA) provides a specific appellate mechanism for such grievances. The court emphasized the doctrine of exhaustion, requiring parties to utilize statutory remedies before seeking constitutional relief. However, the court found that the petition was severable, allowing constitutional issues unrelated to the NET decision to proceed. The preliminary objection thus succeeded in part: th…

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• Public Participation
• Freedom Of Worship
• Administrative Exhaustion
• Judicial Review
• Noise Pollution Regulation

Ogada (AIC Kisumu City Region) & 3 others v Mulwa (Presiding Bishop AIC Kenya) & 3 others

Ogada (AIC Kisumu City Region) & 3 others v Mulwa (Presiding Bishop AIC Kenya) & 3 others [2024] KEHC 15592 (KLR)

Court

High Court

Case number

Petition E010 of 2023

Judge

RE Aburili

The court found that the petitioners failed to demonstrate, with the required degree of precision, how their constitutional rights were violated by the respondents. The evidence showed that the petitioners and their Bishop were afforded due process through internal church disciplinary mechanisms, which they chose not to participate in, instead filing multiple court applications to halt the process. The court emphasized the doctrine of exhaustion, holding that where statutory or constitutional procedures exist for resolving disputes, those avenues must be pursued before seeking judicial interv…

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• Fair Administrative Action
• Right To Fair Hearing
• Freedom Of Worship
• Political Rights
• Church Governance
• Doctrine Of Exhaustion

Orthodox Diocese of Kisumu and All & Western Kenya v Amadiva & 25 others

Orthodox Diocese of Kisumu and All & Western Kenya v Amadiva & 25 others [2024] KEHC 1904 (KLR)

Court

High Court

Case number

Constitutional Petition E007 of 2022

Judge

PJO Otieno

The High Court held that church property belongs to the registered church entity, not defecting priests, and restrained the respondents from using it.

• Freedom Of Worship
• Right To Property
• Church Property Disputes
• Association Rights
• Church-property-disputes
• Right-to-property

Orthodox Diocese of Kisumu and All & Western Kenya v Amadiva & 25 others

Orthodox Diocese of Kisumu and All & Western Kenya v Amadiva & 25 others [2022] KEHC 16194 (KLR)

Court

High Court

Case number

Constitutional Petition E007 of 2022

Judge

PJO Otieno

The court held that the preliminary objection failed on all grounds. The High Court has jurisdiction to hear the petition as it alleges violation of constitutional rights under Article 32, and no employment or land issues were pleaded. The petitioner, as a registered society, has standing to bring the petition under Articles 22 and 260 of the Constitution, as interpreted by the Supreme Court in Mumo Matemu. The question of whether a cause of action is disclosed requires assessment of evidence and cannot be determined at the preliminary stage. The objections raised were not pure points of law…

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• Freedom Of Worship
• Locus Standi
• Jurisdiction Of High Court
• Preliminary Objection
• Access To Justice

Singh & 2 others v Registered Trustees of Siri Gurdwara Bazaar, Nairobi & another

Singh & 2 others v Registered Trustees of Siri Gurdwara Bazaar, Nairobi & another [2022] KEHC 15952 (KLR)

Court

High Court

Case number

Constitutional Petition E154 of 2022

Judge

M Thande

The court found that the petition did not meet the threshold for a constitutional petition as established in Kenyan jurisprudence. The petitioners failed to plead with precision the particulars of the alleged constitutional violations, particularly regarding the right to freedom of worship under article 32. The court held that the purported sale of the temple property, without more, did not amount to a violation of the petitioners' constitutional rights, especially since the petitioners were already enjoying interim orders in a parallel civil suit (ELC No E064 of 2022) addressing the same sub…

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• Threshold For Constitutional Petitions
• Freedom Of Worship
• Civil Remedies Vs Constitutional Remedies
• Societies And Trusts

Singh & 2 others v Registered Trustees of Siri Gurdwara Bazaar, Nairobi & another

Singh & 2 others v Registered Trustees of Siri Gurdwara Bazaar, Nairobi & another [2022] KEHC 15949 (KLR)

Court

High Court

Case number

Constitutional Petition E154 of 2022

Judge

M Thande

The court found that the 1st Respondent is registered under the Trustees (Perpetual Succession) Act and not the Societies Act, and therefore the 2nd Respondent (Registrar of Societies) has no statutory mandate or authority over the 1st Respondent. The petition did not disclose any violation, denial, or infringement of the Petitioners' rights by the 2nd Respondent. As such, the 2nd Respondent was improperly joined to the proceedings, and no relief could be granted against it. The court held that an effective decree could be passed in the absence of the 2nd Respondent, and accordingly, the peti…

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• Misjoinder Of Parties
• Mandamus Against Public Officer
• Freedom Of Worship
• Trusteeship And Perpetual Succession

Nguli Suing as the representative of Jesus for life Foundation Ministry Church, Kitui & another (Suing as the representative of Jesus for life Foundation Ministry Church, Kitui) v Mailu & 3 others

Nguli Suing as the representative of Jesus for life Foundation Ministry Church, Kitui & another (Suing as the representative of Jesus for life Foundation Ministry Church, Kitui) v Mailu & 3 others [2022] KEHC 3136 (KLR)

Court

High Court

Case number

Civil Appeal E002 of 2022

Judge

RK Limo

The High Court granted an interlocutory injunction in a church dispute, restraining interference with worship and ordering removal of padlocks and replacement signage.

• Interlocutory Injunctions
• Freedom Of Worship
• Church Governance Disputes
• Societies Act Compliance
• Interlocutory-injunctions
• Freedom-of-worship

Hannington Kyengo Munyao, Joel Mutuku Mbithi, Margaret Kanini Kisila, David Muema Nginda, Stephen Muthwii Kitonga, Jimmy Nthenge Mwaka, Samuel Wambua Kituna, & Agnes Syokau Mulwa (all petitioning on their behalf and on behalf of 206 others as members of Africa Inland Church Muisuni) v Benard Nguyo, Japheth Itumo, Jacob Musila, Shadrack Muthama, Philip Ngata Muia, Jackson Kainde, George Mutune, Jonathan Muteti, Silvanus Nzioka & Joseph Kimani Kariuki [

Hannington Kyengo Munyao, Joel Mutuku Mbithi, Margaret Kanini Kisila, David Muema Nginda, Stephen Muthwii Kitonga, Jimmy Nthenge Mwaka, Samuel Wambua Kituna, & Agnes Syokau Mulwa (all petitioning on their behalf and on behalf of 206 others as members of Africa Inland Church Muisuni) v Benard Nguyo, Japheth Itumo, Jacob Musila, Shadrack Muthama, Philip Ngata Muia, Jackson Kainde, George Mutune, Jonathan Muteti, Silvanus Nzioka & Joseph Kimani Kariuki [ [2021] KEELC 4244 (KLR)

Court

Environment and Land Court

Case number

? 6 of 2017

Judge

OA Angote

The court found that the land parcels in question are registered in the name of the County Government of Machakos (formerly Masaku County Council) and are reserved for the use of Muisuni African Inland Church. The Petitioners, as elected Local Church Council officials, are entitled to supervise and manage the church property on Kangundo/Muisuni/945. However, the management of the children’s home on Kangundo/Muisuni/1009 falls under the mandate of the Central Church Council and Area Church Council, as per the AIC Kenya Constitution. The Respondents, as higher church officials, cannot unilatera…

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• Church Land Reservation
• Freedom Of Worship
• Trusteeship And Church Governance
• Property Rights Of Religious Organizations

Don Mutugi Manjau, Joan Miriti & Alex Gichunge v Attorney General, Cabinet Secreatry for Interior & Cordination, Cabinet Secretary for Health, Inspector General of Police & Cabinet Secretary for Information & Technology

Don Mutugi Manjau, Joan Miriti & Alex Gichunge v Attorney General, Cabinet Secreatry for Interior & Cordination, Cabinet Secretary for Health, Inspector General of Police & Cabinet Secretary for Information & Technology [2020] KEHC 6705 (KLR)

Court

High Court

Case number

Petition 131 (Covid 128) of 2020

The High Court granted interim ex parte relief allowing church services to be broadcast online, but not physical gatherings, during Covid-19 restrictions.

• Freedom Of Worship
• Covid 19 Regulations
• Interim Injunctions
• Freedom-of-worship
• Covid-19
• Interim-injunctions