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Kenya decisions
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Republic v Philip [2025] KEHC 10526 (KLR)
High Court ruling declining bail to an accused in a murder case, finding flight risk and mental unfitness to plead. The prior plea was set aside.
Benjamin v Safaricom Plc & 2 others; Consumers Federation of Kenya (COFEK) & another (Interested Parties) [2025] KEHC 9995 (KLR)
The High Court dismissed Safaricom’s bid to stay execution of an earlier constitutional judgment on bonga points, holding it could not suspend the immediate effect of invalidity.
Kenya Bureau of Standards v Osho Chemicals Industries Ltimited & 2 others; Mitchell Cotts Limited & 3 others (Interested Parties) [2025] KECA 1191 (KLR)
The Court of Appeal found that although the intended appeal raised arguable issues, the applicant failed to demonstrate that execution of the High Court judgment would render the appeal nugatory. The 1st respondent had exhibited sufficient financial capacity to refund the decretal sums if the appeal succeeded, and there was no imminent threat of execution as both parties were not actively pursuing enforcement of the decree. The court also noted that pending applications for clarification before the trial court could alter the judgment's effect, making it premature to grant a stay. Public inte…
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Teachers Service Commission v Boniface [2025] KECA 1107 (KLR)
The Court of Appeal granted a stay of execution pending appeal in a labour dispute, citing arguable appeal points, public interest, and the decree's size.
Obore (Suing as the Official and Member of the Kenya Ships Contractors Association) v CECM - Environment and Solid Waste Management Mombasa County & 8 others [2025] KEHC 9182 (KLR)
The court found that the applicant failed to establish a prima facie case for the grant of conservatory orders. The applicant and its members did not have contracts with the respondents, and the County Government of Mombasa has the constitutional and statutory mandate to manage solid waste, including at the port. The court emphasized the presumption of constitutionality of county legislation and found no extraordinary reasons to depart from this presumption. The dispute was characterized as a private matter, and the court held that denial of the orders would not render the substratum of the s…
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Dembena International Limited v National Land Commission; National Bank of Kenya (Garnishee) [2025] KEELC 4396 (KLR)
The court held that the Decree holder failed to comply with the mandatory statutory procedure under Section 21 of the Government Proceedings Act before seeking to execute the decree or cite the National Land Commission and its officers for contempt. The Act prohibits direct execution or attachment against government assets and requires the judgment creditor to obtain a certificate of order and, if necessary, seek enforcement by mandamus. The garnishee proceedings initiated by the Decree holder were therefore incompetent and unsustainable, as Order 23 of the Civil Procedure Rules does not appl…
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Wanjiru v Director of Public Prosecutions; Gachiko & 13 others (Interested Parties) [2025] KEHC 7839 (KLR)
The court held that the Director of Public Prosecutions is constitutionally independent but must exercise prosecutorial discretion in accordance with public interest, justice, and to prevent abuse of process. The Petitioner and Interested Parties failed to demonstrate that the Respondent acted with malice, abuse, or in violation of constitutional rights in preferring fresh murder charges. The court found that the Respondent's reliance on circumstantial evidence and the absence of new evidence did not, in itself, amount to abuse of process or arbitrary exercise of power. However, the court rec…
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Multiserve Oasis Company Limited & 3 others v Compact Freight Systems Limited & 3 others [2025] KEHC 7172 (KLR)
The court found that the petitioners failed to establish a prima facie case or demonstrate any real or imminent prejudice warranting the grant of conservatory orders. The private prosecution was authorized by a High Court of concurrent jurisdiction, and the present application amounted to an attempt to appeal or review that decision through a constitutional petition, which is procedurally improper. The court emphasized that its supervisory jurisdiction does not extend to reviewing or countermanding decisions of a court of equal status. Section 193A of the Criminal Procedure Code further precl…
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Mudogo v Sakwa [2025] KEELC 3834 (KLR)
The Environment and Land Court dismissed an appeal over a blocked access road, holding the respondent lacked capacity to be sued because the dispute affected a deceased owner’s estate.
Managing Director, Kenya Pipeline Limited & another v Public Procurement Administrative Review Board & 2 others [2025] KECA 756 (KLR)
The Court of Appeal lacks jurisdiction to grant a stay of its own judgment pending an intended appeal to the Supreme Court once it has delivered its final judgment and determined any applications for review. The powers under Rule 5(2)(b) of the Court of Appeal Rules are exercisable only in the context of appeals pending before the Court or intended appeals to it, not to the Supreme Court. The principle of functus officio applies, preventing the Court from reopening the matter or granting further orders after final judgment. The proper forum for seeking a stay pending appeal to the Supreme Cou…
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