Kenya Case Law

Ng’ang’a v Director of Public Prosecution & 2 others

Ng’ang’a v Director of Public Prosecution & 2 others [2025] KEHC 10614 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E110 of 2025

Judge

SM Mohochi

The court found that the applicant failed to provide tangible evidence of a real or imminent threat to his fundamental rights. The allegations of threats and harassment were deemed speculative and unsupported by specific facts or details. The court noted that the applicant had already been arrested, arraigned, and released on bond in related proceedings, and that there was no evidence of ongoing or new violations of his rights. The application for anticipatory bail was therefore found to lack constitutional underpinning and merit, as the applicant's apprehension was not substantiated by credi…

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• Anticipatory Bail
• Right To Liberty
• Threatened Arrest
• Bail And Bond Policy
• Fundamental Rights
• Judicial Discretion

Wanjohi v Director of Public Prosecutions

Wanjohi v Director of Public Prosecutions [2025] KEHC 6854 (KLR)

Court

High Court

Case number

Petition E007 of 2025

Judge

RN Nyakundi

The court found that the Petitioner failed to demonstrate that the DPP's exercise of prosecutorial discretion was fundamentally flawed, biased, or motivated by extraneous considerations. The evidence established that the DPP's decision to charge the Petitioner was based on his admitted involvement in unauthorized demolition of structures, while the decision not to prosecute Sarah Sabai was grounded in evidential deficiencies and inconsistencies in the Petitioner's complaint. The DPP conducted a thorough review, issued investigative directions, and acted in accordance with established prosecut…

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• Prosecutorial Discretion
• Judicial Review
• Fair Administrative Action
• Malicious Prosecution
• Abuse Of Process
• Fundamental Rights

Kahia v Director of Criminal Investigation & 2 others; African Gas and Oil Limited (AGOL) (Intended Interested Party)

Kahia v Director of Criminal Investigation & 2 others; African Gas and Oil Limited (AGOL) (Intended Interested Party) [2025] KEHC 6858 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E466 of 2024

Judge

AM Muteti

The court found that African Gas and Oil Limited (AGOL) had been adversely mentioned in the applicant's affidavit as having allegedly instigated police action against the applicant, raising serious allegations that required a response. The court held that, although no relief was sought against AGOL, their participation was necessary to assist the court in fully and fairly adjudicating the issues raised, particularly those touching on fundamental rights and alleged abuse of police powers. The court exercised its discretion, guided by constitutional principles and established jurisprudence on j…

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• Anticipatory Bail
• Joinder Of Parties
• Fair Administrative Action
• Fundamental Rights
• Abuse Of Police Powers

Bett & another v Recovery Trails Treatment Centre

Bett & another v Recovery Trails Treatment Centre [2025] KEHC 5659 (KLR)

Court

High Court

Case number

Petition E001 of 2025

Judge

LN Mutende

The court found that the Applicants failed to establish an arguable constitutional issue warranting the grant of conservatory orders. The dispute arose from a contractual agreement between the parties regarding the treatment and rehabilitation of the 2nd Applicant at the Respondent's facility. The court distinguished the present case from precedents involving hospital detention for medical treatment, noting that the Respondent is a private substance recovery centre and the relationship was governed by contract. The court held that any breach of the agreement should be addressed through contra…

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• Unlawful Detention
• Conservatory Orders
• Contractual Obligations
• Fundamental Rights
• False Imprisonment

Kalaiya & another v Nairobi Metropolitan Services & 2 others

Kalaiya & another v Nairobi Metropolitan Services & 2 others [2025] KEHC 7959 (KLR)

Court

High Court

Case number

Petition E144 of 2022

Judge

AB Mwamuye

The High Court declined to treat the dispute as a constitutional petition, finding the claims were really about unlawful arrest and malicious prosecution.

• Malicious Prosecution
• Unlawful Arrest
• Constitutional Avoidance
• Civil Remedies
• Fundamental Rights
• Jurisdiction

Muchai & 5 others v Attorney General

Muchai & 5 others v Attorney General [2025] KECA 525 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 524 of 2019

Judges

DK Musinga, F Tuiyott, GV Odunga

The Court of Appeal was bound by the Supreme Court's decision in a similar case which established that there is no limitation of time for constitutional rights violations, judicial notice can be taken of the historical events at Freedom Corner, and that the actions of the police, even without physical injuries, constituted inhuman treatment in violation of the repealed Constitution.

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• Fundamental Rights
• Torture And Inhuman Treatment
• Limitation Of Actions
• Judicial Notice
• Damages For Rights Violations

Independent Medical Legal Unit & another v Director of Criminal Investigations (DCI) – Nakuru East Sub County & 3 others; Makori (Subject)

Independent Medical Legal Unit & another v Director of Criminal Investigations (DCI) – Nakuru East Sub County & 3 others; Makori (Subject) [2025] KEHC 1913 (KLR)

Court

High Court

Case number

Petition E003 of 2025

Judge

JM Nang'ea

The High Court declined to issue habeas corpus orders, finding insufficient proof that the missing subject was in the respondents’ custody.

• Habeas Corpus
• Enforced Disappearance
• Burden Of Proof
• Police Custody
• Fundamental Rights
• Habeas-corpus

Shimekha v Council of Kaimosi Friends University & 6 others; Public Service Commission & another (Interested Parties)

Shimekha v Council of Kaimosi Friends University & 6 others; Public Service Commission & another (Interested Parties) [2025] KEHC 16787 (KLR)

Court

High Court

Case number

Constitutional Petition E004 of 2024

Judge

AC Bett

The High Court determined that it has jurisdiction under Article 165(3)(d)(ii) of the Constitution to hear and determine the petition, as the issues raised are constitutional in nature and relate to the alleged violation of fundamental rights and constitutional principles in the appointment process of the Vice Chancellor of Kaimosi Friends University. The court found that the Employment and Labour Relations Court lacked jurisdiction as there was no employer-employee relationship between the petitioner and the respondents. The court further held that the failure to investigate integrity compla…

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• Jurisdiction Of High Court
• Leadership And Integrity
• Public Appointments
• Conservatory Orders
• Fundamental Rights
• University Governance

Shimekha v Council of Kaimosi Friends University & 6 others; Public Service Commission & another (Interested Parties)

Shimekha v Council of Kaimosi Friends University & 6 others; Public Service Commission & another (Interested Parties) [2025] KEHC 1884 (KLR)

Court

High Court

Case number

Constitutional Petition E004 of 2024

Judge

AC Bett

The High Court has jurisdiction to hear and determine the constitutional petition as it involves the interpretation and alleged violation of fundamental rights and constitutional principles related to integrity and public trust in the appointment process, which falls within the ambit of Article 165(3)(b) and (d) of the Constitution. Conservatory orders are necessary and justified in the public interest to prevent the potential violation of constitutional values pending the determination of the petition.

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• Jurisdiction Of High Court
• Leadership And Integrity
• Public Appointments
• Conservatory Orders
• Fundamental Rights
• University Governance

Maina v Inspector General of the National Police Service & 3 others; Kamau (Interested Party)

Maina v Inspector General of the National Police Service & 3 others; Kamau (Interested Party) [2024] KEHC 15728 (KLR)

Court

High Court

Case number

Petition E288 of 2023

Judge

LN Mugambi

The High Court quashed criminal proceedings arising from a property dispute, holding that the prosecution was an abuse of process and contrary to Article 157(11).

• Abuse Of Process
• Prosecutorial Discretion
• Land Ownership Disputes
• Fundamental Rights
• Public Interest
• Civil Vs Criminal Proceedings