Kenya Case Law

Republic v Director of Public Prosecutions & 2 others; Wambui (Exparte Applicant); Muriithi (Interested Party)

Republic v Director of Public Prosecutions & 2 others; Wambui (Exparte Applicant); Muriithi (Interested Party) [2025] KEHC 9978 (KLR)

Court

High Court

Case number

Judicial Review Application E003 of 2023

Judge

EM Muriithi

The court found that the applicant had demonstrated an arguable case for leave to apply for judicial review orders of certiorari and prohibition, as the alleged offences arose from an advocate-client relationship and the facts were sufficiently contested to warrant further inquiry. However, the court balanced this with the public interest in allowing investigations into alleged fraud and forgery to continue. The court distinguished between investigation and prosecution, holding that while investigations may proceed, the criminal trial proceedings should be stayed to prevent possible prejudice…

Source excerpt

• Judicial Review
• Leave To Apply
• Criminal Investigation
• Advocate Client Relationship
• Fraud Allegations
• Land Sale Disputes

Republic v Collegine Sisters of the Holy Family & another; Muia (Ex parte Applicant)

Republic v Collegine Sisters of the Holy Family & another; Muia (Ex parte Applicant) [2025] KEHC 9942 (KLR)

Court

High Court

Case number

Miscellaneous Judicial Review E001 of 2025

Judge

DR Kavedza

The High Court at Kibera struck out an ex parte application for leave to commence judicial review, holding that the matter arose in Njiru Sub County and was filed in the wrong forum.

• Judicial Review
• Territorial Jurisdiction
• Leave To Apply
• Judicial-review
• Territorial-jurisdiction
• Leave-to-apply

Republic v District Land Adjudication Officer Tigania West Sub County & another; M’Ringene (Ex parte Applicant); M’Igweta (Interested Party)

Republic v District Land Adjudication Officer Tigania West Sub County & another; M’Ringene (Ex parte Applicant); M’Igweta (Interested Party) [2025] KEELC 4919 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E002 of 2025

Judge

BM Eboso

Leave to commence judicial review was refused because the challenged appeal decision was not exhibited and the applicant’s own pleadings showed a pending appeal.

• Judicial Review
• Leave To Apply
• Land Adjudication
• Exhaustion Of Remedies
• Judicial-review
• Leave-to-apply

Music right Society of Kenya v Chief Magistrate Court At Milimani & another; Mutua (Interested Party)

Music right Society of Kenya v Chief Magistrate Court At Milimani & another; Mutua (Interested Party) [2025] KEHC 8609 (KLR)

Court

High Court

Case number

Judicial Review Application E165 of 2025

Judge

RE Aburili

The High Court declined to certify a judicial review application as urgent and directed service on the respondents for inter partes hearing on jurisdiction and leave.

• Judicial Review
• Jurisdiction Of High Court
• Certification Of Urgency
• Interpartes Hearing
• Leave To Apply
• Stay Of Proceedings

Mycredit Limited v Micro and Small Enterprises Tribunal; African Herbal Ingredient Wholesalers Limited (Interested Party)

Mycredit Limited v Micro and Small Enterprises Tribunal; African Herbal Ingredient Wholesalers Limited (Interested Party) [2025] KEHC 8357 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E064 of 2025

Judge

RE Aburili

The High Court granted leave for judicial review and stayed Tribunal proceedings, holding there was an arguable case that the Tribunal lacked jurisdiction over the applicant.

• Judicial Review
• Tribunal Jurisdiction
• Leave To Apply
• Stay Of Proceedings
• Judicial-review
• Tribunal-jurisdiction

Ajwang v Attorney General & 2 others

Ajwang v Attorney General & 2 others [2025] KEHC 8341 (KLR)

Court

High Court

Case number

Judicial Review Application E156 of 2025

Judge

RE Aburili

The High Court granted leave for judicial review but declined to stay the related criminal proceedings, noting delay, an outstanding warrant, and admissions by the applicant.

• Judicial Review
• Leave To Apply
• Stay Of Criminal Proceedings
• Warrant Of Arrest
• Judicial-review
• Leave-to-apply

Quadco One Hundred and Twenty Limited & 5 others v District Registrar, Kajiado (BK Leitich); Solitei (Proposed Interested Party)

Quadco One Hundred and Twenty Limited & 5 others v District Registrar, Kajiado (BK Leitich); Solitei (Proposed Interested Party) [2025] KEELC 5201 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application E005 of 2024

Judge

MD Mwangi

The court held that while judicial review is available against administrative decisions, the Fair Administrative Action Act requires that all internal remedies, including statutory appeals, must be exhausted before seeking judicial review. The applicants did not seek or obtain exemption from this requirement under Section 9(4) of the Act. Therefore, the court lacked jurisdiction to entertain the application for leave to apply for judicial review orders, as the applicants had not first pursued the appeal mechanism provided under Section 18 of the Land Registration Act. The chamber summons was…

Source excerpt

• Judicial Review
• Exhaustion Of Remedies
• Land Boundary Disputes
• Fair Administrative Action
• Leave To Apply
• Natural Justice

Republic v Retirement Benefits Appeals Tribunal & another; Housing Finance Company of Kenya Retirement Benefits Scheme (Interested Party); Kilonzo & 39 others (All Suing as Former Members of the Housing Finance Company of Kenya Pension Scheme) (Exparte Applicant)

Republic v Retirement Benefits Appeals Tribunal & another; Housing Finance Company of Kenya Retirement Benefits Scheme (Interested Party); Kilonzo & 39 others (All Suing as Former Members of the Housing Finance Company of Kenya Pension Scheme) (Exparte Applicant) [2025] KEHC 8136 (KLR)

Court

High Court

Case number

Judicial Review Application E112 of 2024

Judge

RE Aburili

The High Court granted leave for former pension scheme members to seek judicial review of a tribunal ruling that upheld dismissal of their complaint as time-barred.

• Judicial Review
• Leave To Apply
• Procedural Fairness
• Retirement Benefits
• Limitation Of Actions
• Judicial-review

Tiwamba Ricon Sacco Limited v County Executive Committee Member for Mobility & Works Nairobi City County & 5 others

Tiwamba Ricon Sacco Limited v County Executive Committee Member for Mobility & Works Nairobi City County & 5 others [2025] KEHC 6861 (KLR)

Court

High Court

Case number

Judicial Review Application E057 of 2025

Judge

RE Aburili

The High Court dismissed an ex parte judicial review application, finding no clear grounds pleaded under Order 53 and holding the parking dispute required a civil suit.

• Judicial Review Procedure
• Leave To Apply
• Grounds For Judicial Review
• Parking Disputes
• Judicial-review-procedure
• Leave-to-apply

Hounslow Security Services Limited v Public Procurement Administrative Review Board & another; Papaton Security Services Limited (Interested Party)

Hounslow Security Services Limited v Public Procurement Administrative Review Board & another; Papaton Security Services Limited (Interested Party) [2025] KEHC 5863 (KLR)

Court

High Court

Case number

Judicial Review Application E120 of 2025

Judge

RE Aburili

The High Court granted leave for judicial review and stayed enforcement of procurement review decisions and any tender award pending the substantive motion.

• Judicial Review
• Public Procurement Challenge
• Leave To Apply
• Stay Of Proceedings
• Judicial-review
• Public-procurement