Kenya Case Law

Kirimi v Meru Central Dairy Co-op Limited

Kirimi v Meru Central Dairy Co-op Limited [2025] KECA 1262 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 18 of 2020

Judges

J Mohammed, JW Lessit, A Ali-Aroni

The Court of Appeal held that the absence of a decree in the record of appeal before the High Court did not render the appeal incompetent, as the judgment being appealed from was part of the record and no prejudice was occasioned. The Court found that the High Court properly analysed and evaluated the evidence on record, and that the learned judge's directions regarding the filing of the decree were procedural and did not amount to bias or irregularity. On the substantive claim, the Court agreed with the High Court that the appellant failed to prove malice or lack of probable cause in the ins…

Source excerpt

• Malicious Prosecution
• False Imprisonment
• Wrongful Arrest
• Appeals Process
• Quantum Of Damages

Mburu v Ministry of Interior & Co-ordination of National Government Kenya Prisons Service & another

Mburu v Ministry of Interior & Co-ordination of National Government Kenya Prisons Service & another [2025] KEHC 10125 (KLR)

Court

High Court

Case number

Petition E001 of 2025

Judge

GL Nzioka

The High Court struck out a constitutional petition as time-barred because it was filed 17 years after the alleged violations and no extension of time was sought.

• Fundamental Rights Violation
• Malicious Prosecution
• Illegal Search And Seizure
• Limitation Of Actions
• Constitutional-petition
• Malicious-prosecution

Kioni v Mugo & another

Kioni v Mugo & another [2025] KEHC 8993 (KLR)

Court

High Court

Case number

Civil Appeal E016 of 2023

Judge

LN Mutende

High Court appeal in a malicious prosecution claim partly succeeded. The court found the police lacked probable cause, awarding damages against the Attorney General only.

• Malicious Prosecution
• Special Damages
• General Damages
• Civil Appeal Procedure
• Malicious-prosecution
• General-damages

Karanja v Director of Public Prosecution & another

Karanja v Director of Public Prosecution & another [2025] KEHC 8973 (KLR)

Court

High Court

Case number

Constitutional Petition E103 of 2024

Judge

AB Mwamuye

The High Court dismissed a constitutional petition challenging an intended forgery prosecution, finding no proof of malice, arbitrariness, or rights violations.

• Malicious Prosecution
• Fair Trial Rights
• Prosecutorial Discretion
• Abuse Of Process
• Malicious-prosecution
• Prosecutorial-discretion

Wahanya v Akama

Wahanya v Akama [2025] KEMC 141 (KLR)

Court

Magistrate's Court

Case number

Civil Case E085 of 2024

Judge

JP Mkala

The court dismissed a malicious prosecution claim, finding the plaintiff proved the complaint and acquittal but not absence of probable cause or malice.

• Malicious Prosecution
• Burden Of Proof
• Reasonable And Probable Cause
• Malicious-prosecution
• Burden-of-proof
• Reasonable-and-probable-cause

Kavisa v Inspector General of Police & 5 others; Kihanda & another (Interested Parties)

Kavisa v Inspector General of Police & 5 others; Kihanda & another (Interested Parties) [2025] KEHC 8342 (KLR)

Court

High Court

Case number

Constitutional Petition E198 of 2021

Judge

EC Mwita

The court found that the prosecution of the petitioner was not supported by an objective evidential test and lacked a nexus between the alleged forged document and the petitioner. Initial investigations concluded that the petitioner had not committed any offence and recommended prosecution of the advocate, but this was inexplicably changed after the file was transferred to another police station. The respondents failed to justify the change in investigative conclusions or to dislodge the petitioner's explanation regarding the grant. The court held that the police and DPP did not comply with t…

Source excerpt

• Abuse Of Process
• Right To Fair Trial
• Prosecutorial Discretion
• Malicious Prosecution
• Administration Of Estates

Wambugu & 2 others v Equity Bank & 2 others

Wambugu & 2 others v Equity Bank & 2 others [2025] KEELRC 1653 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 45 of 2019

Judge

B Ongaya

The court held that the petition was time-barred under section 90 of the Employment Act, 2007, as the petitioners were dismissed in 2015 and the petition was filed in 2019, beyond the three-year limitation period. The court found that the petitioners failed to provide a sufficient explanation for the delay after being absolved in the related criminal proceedings in 2017. The court further held that constitutional claims do not automatically override statutory limitation periods in employment disputes, and that claims for malicious prosecution, whether arising from or independent of the employ…

Source excerpt

• Limitation Of Actions
• Unlawful Termination
• Malicious Prosecution
• Constitutional Rights Enforcement

Wanjohi v Director of Public Prosecutions

Wanjohi v Director of Public Prosecutions [2025] KEHC 6854 (KLR)

Court

High Court

Case number

Petition E007 of 2025

Judge

RN Nyakundi

The court found that the Petitioner failed to demonstrate that the DPP's exercise of prosecutorial discretion was fundamentally flawed, biased, or motivated by extraneous considerations. The evidence established that the DPP's decision to charge the Petitioner was based on his admitted involvement in unauthorized demolition of structures, while the decision not to prosecute Sarah Sabai was grounded in evidential deficiencies and inconsistencies in the Petitioner's complaint. The DPP conducted a thorough review, issued investigative directions, and acted in accordance with established prosecut…

Source excerpt

• Prosecutorial Discretion
• Judicial Review
• Fair Administrative Action
• Malicious Prosecution
• Abuse Of Process
• Fundamental Rights

Kisa v Director of Public Prosecutions & 4 others

Kisa v Director of Public Prosecutions & 4 others [2025] KECA 977 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E108 of 2024

Judges

MSA Makhandia, HA Omondi, LK Kimaru

The Court of Appeal found that the applicant failed to demonstrate exceptional circumstances or irreparable harm that would justify a stay of the criminal proceedings. The allegations of malicious and unconstitutional prosecution were unsubstantiated, and the applicant did not provide sufficient evidence to support his claims. The court emphasized that the right to a fair trial does not equate to a right to avoid trial, and any alleged violations or defences could be addressed during the criminal proceedings. The public interest in allowing the criminal trial to proceed, especially where ther…

Source excerpt

• Stay Of Proceedings
• Malicious Prosecution
• Fair Trial Rights
• Judicial Discretion

Oira v Ethics and Anti-Corruption Commission & another

Oira v Ethics and Anti-Corruption Commission & another [2025] KEHC 7794 (KLR)

Court

High Court

Case number

Civil Case 285 of 2013

Judge

SN Mutuku

The High Court dismissed claims for defamation, malicious prosecution, inducement of breach of contract, and constitutional violations arising from FIFA World Cup procurement investigations.

• Malicious Prosecution
• Inducement Of Breach Of Contract
• Defamation
• Limitation Of Actions
• Constitutional Rights Violation
• Special Damages