County Government of Bomet v Kenya County Government Workers Union & another [2025] KECA 1311 (KLR)
Court
Court of Appeal
Case number
Civil Appeal E084 of 2024
Judges
JM Mativo, PM Gachoka, GV Odunga
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.
The court found that the plaintiffs/applicants had established a prima facie case regarding the procedural irregularities in the convening of the AGM, their expulsion, and the change of the club's status. The court held that the issues raised were triable and could not be determined at the interlocutory stage. The court further found that the plaintiffs, particularly Mr Khatib, would suffer irreparable harm not compensable by damages if the injunction was not granted, given the reputational and structural consequences of the AGM resolutions. The balance of convenience favored maintaining the…
Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties) [2025] KEELC 5400 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Petition E001 of 2023
Judge
SO Okong'o
The court found that the process by which the boundaries between the petitioners' land (Kisumu/Koguta East/585) and the neighbouring parcels (576 and 579) were determined was fundamentally flawed and unlawful. The Interested Parties and the 3rd Respondent (Principal Magistrate) did not follow the statutory procedure for boundary determination as set out in Sections 18 and 19 of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations, 2017. The process was initiated and executed through ex parte court orders without notice or hearing to the petitioner…
Republic v Arbitration Committee Mwea Irrigation Scheme & another; Joseph & 3 others (Ex parte Applicants); Murira & 2 others (Interested Parties) [2025] KEELC 5359 (KLR)
Court
Environment and Land Court
Case number
Judicial Review E004 of 2023
Judge
JM Mutungi
The Environment and Land Court quashed a Mwea Irrigation Scheme committee decision for procedural unfairness, though it upheld the committee’s jurisdiction.
The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.
Kenduiywo & 8 others v National Land Commission & 5 others [2025] KEELC 5308 (KLR)
Court
Environment and Land Court
Case number
Constitutional Petition 15 of 2019
Judge
MN Kullow
The court found that the National Land Commission acted outside its constitutional and statutory mandate by revoking the petitioners' land titles without affording them notice, a hearing, or an opportunity to participate in the proceedings, in breach of Articles 47 and 50(1) of the Constitution and Section 4 of the Fair Administrative Action Act. The court held that the NLC's powers to review titles are limited to public land and must be exercised with strict adherence to procedural fairness. The petitioners' titles were not proven to have been fraudulently or unlawfully acquired, and the res…
Odera & 6 others (Suing on their own and on behalf of all other members of the Kogony Community claiming registerable interests in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 3 others (Applicant) [2025] KEELC 5233 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Case 146 of 2012
Judge
SO Okong'o
The court dismissed an application to review its earlier order, finding the 1st and 3rd applicants had not produced evidence proving ownership of the affected parcels.
Odera & 6 others (Suing on their own and on Behalf of all other Members of the Kogony Community Claiming Registerable Interest in the Land known as C/18 Scheme) v Akinyi & 5 others; Oim & 18 others (Interested Party); Otieno & 21 others (Applicant) [2025] KEELC 5225 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 146 of 2012
Judge
SO Okong'o
The court partly varied a 2022 land judgment, protecting some pre-suit landowners who were not heard, while dismissing claims by later purchasers.
Kenya Plantation and Agricultural Workers Union v Eastern Produce Kenya Limited (Siret Tea Estate) [2025] KEELRC 2080 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E025 of 2023
Judge
MA Onyango
The court found the dismissals of two union-represented guards unfair for lack of valid reason and inadequate proof, but refused reinstatement as time-barred.