Kenya Case Law

Republic v Cabinet Secretary for Interior and Co-Ordination of National Government & 2 others; Shakoor (Ex parte Applicant)

Republic v Cabinet Secretary for Interior and Co-Ordination of National Government & 2 others; Shakoor (Ex parte Applicant) [2025] KEHC 10291 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E070 of 2024

Judge

JM Chigiti

The court held that it lacked jurisdiction to grant leave for judicial review orders of certiorari because the application was filed outside the six-month statutory period prescribed by Order 53 Rule 2 of the Civil Procedure Rules and Section 9(3) of the Law Reform Act. The statutory time limit is absolute and cannot be extended by the court. Without compliance with this requirement, the court cannot entertain the application or grant leave, regardless of the merits or the nature of the alleged violations. The court emphasized that jurisdiction is foundational and must be established before a…

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• Judicial Review Leave
• Immigration Permits
• Fair Administrative Action
• Jurisdictional Limits
• Certiorari Time Limit

Republic v Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Exparte Applicant); Ngui (Interested Party)

Republic v Deputy Commissioner, Makueni Sub County & 3 others; Mulwa (Exparte Applicant); Ngui (Interested Party) [2025] KEELC 5155 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application E001 of 2025

Judge

EO Obaga

The court held that judicial review proceedings are governed strictly by the Law Reform Act and Order 53 of the Civil Procedure Rules, both of which do not provide for extension of time to file such proceedings. The statutory six-month limitation period is mandatory and cannot be extended by the court, regardless of the applicant's reasons for delay, including mistake of counsel. The court found that persuasive authorities cited by the applicant do not override binding precedent and statutory provisions. As the impugned decision was made on 5th September 2022 and the application for leave was…

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• Judicial Review Time Limits
• Land Adjudication Disputes
• Ministerial Appeals
• Extension Of Time
• Fair Administrative Action
• Jurisdictional Limits

Mutuku v Kipkai Enterprises Limited & another

Mutuku v Kipkai Enterprises Limited & another [2025] KEELC 4349 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E042 of 2024

Judge

AY Koross

The court found that the value of the suit property, as evidenced by the applicant’s valuation report, far exceeded the pecuniary jurisdiction of the Mavoko Chief Magistrate’s Court, which is capped at Kshs. 20,000,000. As a result, the lower court lacked jurisdiction ab initio to entertain the suit. Established jurisprudence holds that a suit filed in a court without jurisdiction is a nullity and cannot be transferred to a competent court. The court cited binding authorities, including Equity Bank Limited v Bruce Mutie Mutuku and Phoenix of E.A. Assurance Company Limited, to reinforce that j…

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• Pecuniary Jurisdiction
• Transfer Of Suit
• Nullity Of Proceedings
• Jurisdictional Limits

Climax Coaches Limited v Mobi Key and Bus Limited & another; Equity Bank Kenya Limited (Interested Party)

Climax Coaches Limited v Mobi Key and Bus Limited & another; Equity Bank Kenya Limited (Interested Party) [2025] KEHC 5667 (KLR)

Court

High Court

Case number

Miscellaneous Application E592 of 2022

Judge

NW Sifuna

The High Court allowed transfer of a subordinate-court suit after amendment raised the claim above pecuniary limits, holding jurisdiction is assessed at filing.

• Transfer Of Suits
• Pecuniary Jurisdiction
• Amendment Of Pleadings
• Court Fees
• Jurisdictional Limits
• Transfer-of-suits

Matiri v M’Nkoroi & another (Legal Representative of Isaac Mutwiri - Deceased)

Matiri v M’Nkoroi & another (Legal Representative of Isaac Mutwiri - Deceased) [2025] KEELC 3293 (KLR)

Court

Environment and Land Court

Case number

Land Case Appeal E010 of 2025

Judge

JO Mboya

An appeal filed out of the statutory time limit without obtaining prior leave of the court is a nullity and cannot be subsequently validated or cured by invoking procedural technicalities or the inherent jurisdiction of the court, as the limitation period is a substantive legal requirement that goes to the root of the court's jurisdiction.

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• Leave To Appeal Out Of Time
• Appeal Struck Out
• Jurisdictional Limits
• Statutory Timelines
• Procedural Nullity

Republic v Public Procurement Regulatory Authority & another; M/S Meditec Systems Limited (Interested Party); Moi Teaching and Referral Hospital (Exparte)

Republic v Public Procurement Regulatory Authority & another; M/S Meditec Systems Limited (Interested Party); Moi Teaching and Referral Hospital (Exparte) [2025] KEHC 213 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E270 of 2024

Judge

RE Aburili

The High Court struck out judicial review proceedings as time-barred under section 42 of the Public Procurement and Asset Disposal Act and closed the file.

• Judicial Review Timelines
• Public Procurement Debarment
• Jurisdictional Limits
• Statutory Time Bars
• Judicial-review
• Public-procurement

Emerging Business Technology Limited v Teachers Service Commission

Emerging Business Technology Limited v Teachers Service Commission [2025] KEHC 1 (KLR)

Court

High Court

Case number

Application E160 of 2023

Judge

J Ngaah

The High Court declined leave for judicial review in a procurement challenge, finding the application time-barred, unsupported by the impugned decision, and filed without joining the Review Board.

• Public Procurement
• Judicial Review Timelines
• Tender Award Challenges
• Administrative Review
• Jurisdictional Limits
• Public-procurement

Registered Trustees, Diocese of Mt. Kenya South & another v County Executive Committee Member Built, Environment & Urban Planning Nairobi City County & 6 others

Registered Trustees, Diocese of Mt. Kenya South & another v County Executive Committee Member Built, Environment & Urban Planning Nairobi City County & 6 others [2024] KEELC 13576 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E023 of 2024

Judge

LN Mbugua

The court declined broad conservatory orders over church land, instead preserving the status quo on occupation and registration pending determination of the petition.

• Conservatory Orders
• Status Quo Orders
• Church Land Disputes
• Eviction Proceedings
• Jurisdictional Limits
• Property Registration

MJK v F ML; Family Bank Limited (Interested Party)

MJK v F ML; Family Bank Limited (Interested Party) [2024] KEHC 7427 (KLR)

Court

High Court

Case number

Matrimonial Case 71 of 2018

Judge

HK Chemitei

The court found that Family Bank Limited, as a chargee with a registered legal interest in the subject properties, has a sufficient legal interest to be joined as an interested party in the matrimonial proceedings. However, the court declined to discharge the interlocutory orders restraining dealings with the properties, holding that such a determination would exceed its jurisdiction and potentially prejudice the substantive hearing on ownership and contribution. The court emphasized that while the bank's role is peripheral to the matrimonial dispute, its participation is necessary to safegua…

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• Matrimonial Property Disputes
• Joinder Of Parties
• Interlocutory Injunctions
• Priority Of Charges
• Jurisdictional Limits

Kamau v Director of Public Prosecutions

Kamau v Director of Public Prosecutions [2024] KEHC 4838 (KLR)

Court

High Court

Case number

Miscellaneous Application E154 of 2023

Judge

SM Mohochi

The High Court at Nakuru dismissed an application to revise or probate a sentence, holding it had no revision jurisdiction over a sentence imposed by the High Court on appeal.

• Sentencing Revision
• Supervisory Jurisdiction
• Custodial Sentence Calculation
• Appeal Enhancement
• Criminal Procedure
• Jurisdictional Limits