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Kenya decisions
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Kipkoech v Huawei Technologies (Kenya & 2 others [2025] KEELRC 1959 (KLR)
The ELRC granted a stay of proceedings pending an intended appeal, holding that a Notice of Appeal can ground interim relief and that the appeal raised an arguable issue.
Njenga v DIB Bank Kenya Limited [2024] KEELRC 2122 (KLR)
The court granted a conditional four-month stay of proceedings pending appeal over admission of allegedly illegally obtained evidence, with costs to the claimant.
Sankale Ole Kantai v Inspector General of the National Police Service & Director of Criminal Investigations; Director of Public Prosecutions (Interested Party); Gabriel Hannah Van Straten, Grace Ita Ndinda (Suing for and on Behalf of the Estate of Silas M’njamiu Ita), Sarah Wairimu Kamotho Cohen & Peter Njoroge Karanja (Intended Interested Parties) [2021] KEHC 13534 (KLR)
The court found that all four applicants seeking joinder as interested parties have identifiable and proximate stakes in the constitutional petition, as the outcome will directly affect them either as accused persons or as witnesses in the related criminal proceedings. The court applied the legal principles governing joinder, emphasizing that interested parties must demonstrate a clear legal interest, potential prejudice if excluded, and that their participation will not expand the scope of the petition or introduce new issues. The court held that the applicants met the threshold for joinder,…
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Rufus Mogere Waithaka v Edita Naitore Ntongai [2021] KEELC 859 (KLR)
The court found that the three sets of bank statements in question were private and confidential documents belonging solely to the Plaintiff. The Defendant did not follow the lawful procedure for obtaining such information as set out in the Access to Information Act, 2016, and instead procured the statements through unorthodox and illegal means, in violation of the Plaintiff's constitutional right to privacy under Article 31. The court held that the Defendant's previous marital relationship with the Plaintiff did not entitle her to circumvent the Plaintiff's individual rights or to obtain and…
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Jackline Chpkemoi Kimeto v Shafi Grewal Kaka,Julie Dabaly Scott,Mohammed Wanyoike & Femina Dawoodia [2019] KEELRC 2392 (KLR)
The court struck out a claimant’s supplementary documents, finding the impugned emails were either privileged advocate-client communications or unlawfully obtained.
Muchanga Investments Ltd v Habenga Holdings Ltd, Jina Enterprises Ltd, Telesource Com Ltd, Director of Surveys, Director of Physical Planning Ministry of Lands & Housing, Registrar of Titles, Chief Land Registrar, John Mugo Kamau & Catherine Nganga for the Estate of Carmelina Mburu; Barclays Bank of Kenya Ltd(Interested Party) [2019] KEELC 5024 (KLR)
The court found that the statements in the impugned bundle were recorded between October 2014 and February 2015, a period when the EACC was fully constituted. The Court of Appeal decision relied upon by the applicant did not make a finding that the evidence was illegally obtained, but rather addressed the issue of whether the EACC was properly constituted at the time a report was forwarded to the Director of Public Prosecutions. Since the evidence was gathered when the EACC was properly constituted and there was no finding of illegality in its procurement, the application to expunge the docum…
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Vincent Baya Hariri v Director of Public Prosecutions,Inspector General of National Police Service & Chief Magistrate, Mombasa [2018] KEHC 9531 (KLR)
The court found that the applicant failed to provide sufficient evidence that he would be prejudiced if the criminal proceedings continued. The trial magistrate had considered and ruled on the admissibility of the impugned evidence, and the applicant's dissatisfaction with that decision did not, in itself, warrant a stay of proceedings. The court emphasized that the applicant's remedy lies in appeal or revision, not in halting the trial. Furthermore, staying the proceedings would unfairly prejudice the applicant's co-accused, who are not parties to the petition, and would delay the conclusion…
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John Muriithi, Jackson Awuor, Joyce Onyango, Judy Obura, James Mutiso Kaloki, Susan Kagendo Karanja, Jackson Gunjiri Gathogo, Alice Wambui Njambi & Lawrence Gicaga Muiga v Registered Trustees of Sisters of Mercy (Kenya) t/a “The Mater Misericordiae Hospital” & Board of Trustees - Matter Hospital [2018] KEELRC 1282 (KLR)
The court dismissed an objection to documents said to be illegally obtained, holding that relevant evidence may be admitted unless its use would make the trial unfair.
Escol Kibiwott Kosgei, Philip Kiprotich Kosgey & Geofrey Kipyegon Boit v Director of Public Prosecutions [2018] KEHC 4806 (KLR)
The High Court partly allowed judicial review, stopping murder charges until an inquest into the death of Josphat Mbachira is concluded, while declining certiorari on evidence issues.
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