Republic v County Secretary, County Government of Kisumu & 2 others; Otieno, Ragot & Co Advocates (Ex parte Applicant) [2025] KEHC 10571 (KLR)
Court
High Court
Case number
Judicial Review E010 of 2024
Judge
A Mabeya
The High Court at Kisumu found county officials in contempt for disobeying a mandamus order to pay certified costs, and set the matter for mitigation and sentence.
Republic v Chief Executive Officer, National Government Constituency Development Fund Committee & 2 others; Ngari (Ex parte Applicant) [2025] KEHC 10488 (KLR)
Court
High Court
Case number
Judicial Review Miscellaneous Application E151 of 2024
Judge
JM Chigiti
The High Court determined that it lacks jurisdiction to entertain the application for orders of mandamus arising from a judgment delivered by the Environment and Land Court (ELC). The court relied on constitutional and statutory provisions, as well as binding precedent, to hold that jurisdiction over such matters is exclusively vested in the ELC. The court emphasized that jurisdiction is fundamental and cannot be conferred by consent or judicial craft, and that the proper forum for enforcement of ELC judgments, including applications for prerogative orders such as mandamus, is the ELC itself.…
Mwiwawi & 2 others v Registrar & another; Isangawishi Group Ranch (Interested Party) [2025] KECA 1296 (KLR)
Court
Court of Appeal
Case number
Civil Appeal E139 of 2022
Judges
AK Murgor, KI Laibuta, GWN Macharia
The Court of Appeal held that the appellants' application for extension of time to file a Reference against taxation was not res judicata the earlier application, as the prior order was made in exercise of judicial discretion and not on the merits. However, the appellants failed to provide a plausible and satisfactory explanation for the five-month delay in seeking extension of time, as required by law. The Court found no basis to interfere with the trial judge's exercise of discretion in declining the application for extension of time. Consequently, the appeal was dismissed, and the ruling a…
Emfil Limited v Registrar of Titles, Mombasa & 2 others [2025] KECA 1305 (KLR)
Court
Court of Appeal
Case number
Civil Appeal (Application) 312 of 2012
Judge
GWN Macharia
The Court found that the Taxing Master erred in principle and in law by failing to consider the value of the subject matter, as evidenced by the valuation report, and the complexity and industry involved in the matter when assessing instruction fees. The instruction fee awarded was disproportionately low compared to the work done and the value at stake. Additionally, the Taxing Master wrongly disregarded supporting documents for disbursements that were on record. The Court held that a Taxing Master must act judicially, consider all relevant factors including value, complexity, and supporting…
Republic v Kenya Wildlife Service & 2 others; Lesee & another (Ex parte Applicants) (Suing as the Next of Kin and Legal Representative of the Estate of Ali But Esimtoko) [2025] KEHC 10559 (KLR)
Court
High Court
Case number
Judicial Review Miscellaneous Application E001 of 2024
Judge
SC Chirchir
The court determined that the application for an order of mandamus to compel payment of compensation was premature because the statutory process under Section 25 of the Wildlife Conservation and Management Act had not been completed. The committee responsible for verifying and recommending claims had not yet vetted the applicants' claim, and the Cabinet Secretary had not made a determination. The doctrine of ripeness precludes judicial intervention until the administrative process is exhausted and an actual controversy arises. As such, the court lacked jurisdiction to compel payment at this s…
Awino v Kandie; Kenya Rural Roads Authority & 6 others (Interested Parties) [2025] KEELRC 2123 (KLR)
Court
Employment and Labour Relations Court
Case number
Petition E070 of 2025
Judge
B Ongaya
The court found that the petition was primarily barred by the doctrine of res judicata, as the core issue regarding the respondent's appointment as Director General of KeRRA had already been determined and the impugned gazette notice quashed in prior judicial review proceedings. The court further held that the matter was sub judice due to pending appeal proceedings on the same subject. Additionally, the petitioner failed to exhaust alternative remedies, particularly the statutory and parliamentary processes available for addressing grievances related to public finance and oversight. The court…
Republic v Law Society of Kenya Compliance Department & another; Rabala (Ex parte Applicant) [2025] KEHC 10338 (KLR)
Court
High Court
Case number
Judicial Review Application E041 of 2025
Judge
JM Chigiti
The court found that the 2025 deactivation of the applicant's LSK portal constitutes a new or continuing cause of action, distinct from the 2024 deactivation previously litigated and currently under appeal. The doctrines of res judicata and functus officio do not apply because the subject matter and cause of action are not identical; the 2025 portal activation is a separate administrative act affecting the applicant's rights for a new period. The preliminary objection raised by the respondents requires factual inquiry and analysis, which is not permissible at the preliminary stage. Therefore,…
Republic v Wajir County Government CECM Finance and Economic & 3 others; Galeyr Trading Company Limited (Ex parte Applicant) [2025] KEHC 10249 (KLR)
Court
High Court
Case number
Miscellaneous Application 5 of 2022
Judge
JN Onyiego
The High Court found Wajir County Government officials in contempt for failing to comply with mandamus orders requiring payment to Galeyr Trading Company Limited.