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Kenya decisions
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Oucho & 2 others v Opiyo & 4 others [2025] KEELC 5306 (KLR)
The court dismissed a petitioners’ motion for conservatory and prohibitory orders over land parcel 1960, finding no prima facie case and noting prior related litigation.
Republic v Chairman and Members of Kapsabet Division Land Disputes Tribunal & 2 others [2025] KEHC 9657 (KLR)
The High Court allowed the applicant to withdraw a judicial review suit challenging a land tribunal award and magistrate’s decree, with no order as to costs.
Keya v Director of Criminal Investigations & 3 others [2025] KEHC 8420 (KLR)
The court found that the dispute between the Petitioner and the 4th Respondent was fundamentally civil, arising from a failed business transaction and a personal loan during a romantic relationship. The 4th Respondent's resort to criminal proceedings after the relationship ended, especially after unsuccessful attempts to have the Petitioner detained, was deemed arbitrary and an abuse of police powers. The court held that while police and prosecutorial authorities have broad investigative powers, these must not be used to settle personal scores or to recover civil debts. The complaint at Kakum…
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Republic v Director of Public Prosecution & another; Mwangi (Interested Party); M'Mutigah (Exparte) [2025] KEHC 8692 (KLR)
The High Court at Mombasa dismissed a judicial review application seeking prohibition of a forcible detainer prosecution, citing inordinate delay and no proven illegality.
Johana v Secretary Teachers Service Commission & another [2025] KECA 732 (KLR)
The Court of Appeal held that while the High Court had jurisdiction to extend time for filing a substantive motion for judicial review under Order 53 rule 3(1) of the Civil Procedure Rules, the exercise of such discretion must be based on sound judicial principles. The appellant failed to provide a satisfactory explanation for the 17-year delay, merely blaming his former advocates without demonstrating any steps taken to follow up on his case. The court emphasized that litigants have a responsibility to actively pursue their cases, and the consequences of inaction or negligence by counsel may…
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Ndagara w/o Kaumbuthu (Substituted By Peter Murithi & Muriuki Kaumbuthu) v Katharangushu (Substituted by Nyaga S/O Mbogo - Deceased) [2025] KEELC 3716 (KLR)
The court found that most grounds raised in the preliminary objection, such as res judicata and abuse of process, required factual inquiry and were thus unsuitable for determination as preliminary objections. However, the court upheld the preliminary objection on the ground that the application sought only an interim order of prohibition without any substantive or final relief. Since there was no principal claim to support the interim relief, the application was not maintainable in law. Consequently, the court declined to grant the orders sought and awarded costs to the respondents.
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Lydia Chelimo t/a Carwash Bar v Uasin Gishu Alcoholic Drinks Control Board & another [2025] KEHC 4915 (KLR)
The court found that the Applicant failed to demonstrate the existence of any decision by the Respondents suspending or cancelling her bar licence. The only evidence was a public participation meeting by residents, not an official act or communication by the Respondents. The Respondents denied taking any action or commencing any statutory process for cancellation. Judicial review cannot be granted to quash a non-existent or speculative decision; the process or decision to be reviewed must be shown to exist. The Applicant did not attach any decision or provide reasons for not doing so, as requ…
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Republic v Director of Public Prosecutions; CMM (Exparte Applicant) [2025] KEHC 4532 (KLR)
The High Court granted leave for judicial review but refused a stay of prosecution in a challenge to forgery and uttering charges linked to a land dispute.
Wanyoike v Mbogo [2025] KEELC 3251 (KLR)
The court dismissed an application for a prohibition order over land, holding that execution procedures had not been properly followed and the request was premature.
Mogoko v Ethics and Anti-Corruption Commission [2025] KEHC 3342 (KLR)
The High Court struck out a judicial review leave application against the EACC, holding that disputes over recovery-related demands and investigations belonged in the Anti-Corruption and Economic Crimes Court.
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