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Kenya decisions
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County Government of Bomet v Kenya County Government Workers Union & another [2025] KECA 1311 (KLR)
The Court of Appeal dismissed a county government appeal and upheld findings that the grievants had been retained on lawful employment terms after their fixed-term contracts lapsed.
Shiundu v Agricultural Development Corporation & 3 others [2025] KEELC 5336 (KLR)
The court found that the Petitioner had established a valid legal interest in L.R No. 280XXXX1, having complied with all procedural requirements for allocation, payment, transfer, and registration. The 1st Respondent failed to produce admissible evidence of its competing title or substantiate allegations of fraud or forgery against the Petitioner. The issuance of parallel titles and administrative actions by the 1st Respondent, including attempts to allocate the land to the 2nd Respondent, were unlawful, unprocedural, and violated the Petitioner’s rights under Articles 40 and 47 of the Consti…
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Judicial Service Commission v Gichuki & 37 others [2025] KECA 1220 (KLR)
The Court of Appeal held that the 1st to 21st respondents’ contracts were open-ended, that later changes to allowances were unilaterally imposed, and dismissed the appeal and cross-appeal.
Wafula v Director of Public Prosecutions; Ethics and Anti-Corruption Commission & 2 others (Interested Parties) [2025] KESC 46 (KLR)
The Supreme Court held that it had jurisdiction under Article 163(4)(a) as the issues raised involved constitutional interpretation and application, specifically regarding prosecutorial discretion and fair trial rights. The Court found that the ODPP acted within its mandate in transposing the appellant from a prosecution witness to an accused person, as further investigations yielded new evidence justifying the change. There was no evidence of malice, arbitrariness, or violation of legitimate expectation, as the appellant had not testified before the trial court and was not simultaneously req…
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Njaggah v Board of Directors of Water Services Regulatory Authority & 2 others [2025] KECA 1258 (KLR)
The Court of Appeal held that while the appellant was duly registered as a person with disability shortly before his retirement, he did not satisfy the conjunctive requirements of Regulation 70 of the Public Service Commission Regulations, 2020, which mandate that a public officer must be registered as a person with disability for at least three years prior to retirement and obtain approval from the Public Service Commission for extension of retirement age to 65 years. The appellant's late registration and failure to seek or secure such approval meant that the respondents were justified in re…
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Orioki v Del Monte Kenya Limited [2025] KEELRC 2052 (KLR)
The court found that the primary dispute between the parties was one of unfair termination of employment, which is governed by statutory provisions under the Employment Act, 2007. The court held that the petitioner’s grievances, though framed as constitutional violations, were fundamentally employment-related and could be adequately addressed through an ordinary statement of claim rather than a constitutional petition. The court emphasized that the doctrine of constitutional avoidance requires that constitutional issues be determined only when necessary, and where statutory remedies exist, th…
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Riungu v Capital Markets Authority [2025] KEHC 9926 (KLR)
The High Court held that the Capital Markets Authority violated fair administrative action in delaying and mishandling a fit-and-proper process affecting the petitioner’s employment.
Africa Center for Corrective and Preventive Action & 11 others v Murang’a County Government & 3 others; Attorney General (Interested Party) [2025] KEHC 10268 (KLR)
The court found that the Water Tribunal's jurisdiction under the Water Act, 2016 is limited to disputes arising from decisions of the Cabinet Secretary, the Authority, or the Regulatory Board, or disputes concerning water services where there is a business contract. The petitioners' grievances did not arise from such a decision or a business contract but from an alleged violation of constitutional rights following a directive by the county government changing their water service provider. The reliefs sought included constitutional declarations and judicial review orders, which are within the…
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Wanjohi & another v County Government of Uasin Gishu [2025] KEELC 5076 (KLR)
The court held that closing Eldoret Champions Market and 64 Market without public participation and fair administrative process violated Articles 10 and 47.
Bhatt v Commissioner of Legal Services and Board Coordination [2025] KEHC 9983 (KLR)
The High Court held that CGT on the share transfer arose in 2023 after regulatory approvals, so the 15% rate applied. The appeal was dismissed.
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