Kenya Case Law

Awino v Kandie; Kenya Rural Roads Authority & 6 others (Interested Parties)

Awino v Kandie; Kenya Rural Roads Authority & 6 others (Interested Parties) [2025] KEELRC 2123 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E070 of 2025

Judge

B Ongaya

The court found that the petition was primarily barred by the doctrine of res judicata, as the core issue regarding the respondent's appointment as Director General of KeRRA had already been determined and the impugned gazette notice quashed in prior judicial review proceedings. The court further held that the matter was sub judice due to pending appeal proceedings on the same subject. Additionally, the petitioner failed to exhaust alternative remedies, particularly the statutory and parliamentary processes available for addressing grievances related to public finance and oversight. The court…

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• Public Officer Appointment
• Res Judicata
• Separation Of Powers
• Judicial Review
• Public Interest Litigation

Ongalo v Ethics and Anti-Corruption Commission & 3 others

Ongalo v Ethics and Anti-Corruption Commission & 3 others [2025] KEHC 10165 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E027 of 2023

Judge

LM Njuguna

The court found that while the applicant had made requests for documents from NMK and Standard Chartered Bank, not all conditions for production had been met by the applicant, such as clarifying specific issues or obtaining necessary consents. NMK could not be faulted entirely for non-production, as some documents required further action by the applicant. However, the court recognized the applicant's right to access documents central to his defence and ordered NMK and the relevant banks to supply specified documents within 30 days. The court declined to grant a stay of proceedings, holding th…

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• Discovery Of Documents
• Production Of Evidence
• Stay Of Proceedings
• Public Interest Litigation

Jasiri v Kenya Power and Lighting Corporation & 3 others

Jasiri v Kenya Power and Lighting Corporation & 3 others [2025] KEHC 10615 (KLR)

Court

High Court

Case number

Petition E457 of 2023

Judge

EC Mwita

The court held that while the existence of statutory dispute resolution mechanisms under the Energy Act generally requires exhaustion before judicial intervention, the High Court retains jurisdiction over constitutional questions and alleged rights violations. In this case, the respondents failed to demonstrate that the alternative remedies were effective or applicable to the petitioner's grievances, thus the court assumed jurisdiction. However, on the merits, the petitioner failed to establish a factual or legal basis for the alleged constitutional violations. The evidence showed that power…

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• Right To Basic Services
• Electricity Supply Regulation
• Administrative Exhaustion
• Public Interest Litigation
• Contractual Obligations
• Consumer Protection

Toili & 2 others v Speaker, National Assembly & 2 others

Toili & 2 others v Speaker, National Assembly & 2 others [2025] KEHC 9913 (KLR)

Court

High Court

Case number

Constitutional Petition E548 of 2022

Judge

LN Mugambi

The court found that the central legal question in all the referenced petitions, including the instant one, is Parliament's failure to implement the two-thirds gender rule as mandated by the Constitution. Although the previous petitions targeted the 12th Parliament and the instant Petition targets the 13th Parliament, the underlying constitutional issue is recurring and of significant public interest. The court held that the previous petitions are not moot, as the legal controversy persists with each new Parliament, and appellate proceedings have kept the matters alive. Consolidation is justi…

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• Two Thirds Gender Rule
• Parliamentary Dissolution
• Consolidation Of Petitions
• Mootness
• Justiciability
• Public Interest Litigation

Mang’are & 5 others v Independent Electoral & Boundaries Commission & 44 others; Seventh Day Adventist Church, East Kenya Union Conference, Nyamira Conference (Interested Party)

Mang’are & 5 others v Independent Electoral & Boundaries Commission & 44 others; Seventh Day Adventist Church, East Kenya Union Conference, Nyamira Conference (Interested Party) [2025] KEHC 10283 (KLR)

Court

High Court

Case number

Petition E005 of 2024

Judge

WA Okwany

The court found that the Petitioners demonstrated sufficient cause for amendment of their petition, noting that the proposed amendments were not frivolous or intended to prejudice the Respondents but served to clarify and advance the real issues in controversy. The court emphasized that the law favors a liberal approach to amendments, provided any inconvenience to the other party can be remedied by costs and the public interest in efficient administration of justice is not compromised. The court concluded that the application was made in good faith, the amendments were necessary for a fair an…

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• Amendment Of Pleadings
• Public Interest Litigation
• Natural Justice
• Prejudice And Costs
• Leave Of Court
• Timeliness Of Applications

Bamburi Wananchi Cooperative Savings and Credit Society Limited & 26 others v Attorney General & 45 others

Bamburi Wananchi Cooperative Savings and Credit Society Limited & 26 others v Attorney General & 45 others [2025] KEELC 5090 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E023 of 2024

Judge

SM Kibunja

The Environment and Land Court dismissed a motion for conservatory orders and referral to a multi-judge bench in a land dispute involving alleged squatter encroachment.

• Conservatory Orders
• Land Ownership Disputes
• Squatters Rights
• Constitutional Threshold For Bench
• Public Interest Litigation
• Conservatory-orders

Sheria Na Haki Human Rights Institute v Noor & 10 others; Ethics and Anti-Corruption Commission Directorate of Criminal Investigation (Interested Party)

Sheria Na Haki Human Rights Institute v Noor & 10 others; Ethics and Anti-Corruption Commission Directorate of Criminal Investigation (Interested Party) [2025] KEELC 5046 (KLR)

Court

Environment and Land Court

Case number

Constitutional Petition E003 of 2023

Judge

JO Olola

The court held that the petition was not a simple land claim but raised constitutional issues regarding the rights of occupants to property and the challenges of locus standi in civil proceedings involving public land. The doctrine of constitutional avoidance did not apply because the petition sought remedies unavailable through ordinary civil action. The preliminary objection was dismissed as unmerited. Regarding the motion to set aside Order No. 'A', the court found that the order resulted from a substantive ruling after hearing both parties, and the proper recourse for dissatisfaction was…

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• Public Interest Litigation
• Title To Land
• Locus Standi
• Constitutional Avoidance
• Res Judicata
• Injunctive Relief

Okoiti v Portside Freight Terminals Limited & 12 others

Okoiti v Portside Freight Terminals Limited & 12 others [2025] KESC 44 (KLR)

Court

Supreme Court

Case number

Petition E011 of 2024

Judges

PM Mwilu, MK Ibrahim, SC Wanjala, I Lenaola, W Ouko

The Supreme Court held that the procurement process adopted by the Kenya Ports Authority (KPA) for the award of a license and wayleave to Portside Freight Terminals Limited for the development of a second bulk grain handling facility at the Port of Mombasa was inconsistent with Articles 10(2)(c), 201(a), and 227(1) of the Constitution. The Court found that KPA failed to demonstrate the existence of exceptional requirements justifying the use of the Specially Permitted Procurement Procedure (SPPP) under Section 114A of the Public Procurement and Asset Disposal Act (PPAD Act) and did not comply…

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• Public Procurement
• Constitutional Compliance
• Judicial Review
• Public Interest Litigation
• Locus Standi
• Government Contracts

Rubia v Kenya Powere & Lighting Company & 2 others; County Government of Nairobi & another (Interested Parties)

Rubia v Kenya Powere & Lighting Company & 2 others; County Government of Nairobi & another (Interested Parties) [2025] KEHC 9414 (KLR)

Court

High Court

Case number

Petition E006 of 2025

Judge

J Ngaah

The court held that while the Energy Act and related statutes provide for dispute resolution mechanisms and generally require exhaustion of such remedies before judicial intervention, this requirement is not absolute. The High Court retains jurisdiction to determine constitutional questions, especially where the petition alleges violations of fundamental rights and freedoms. The court found that the petition, which challenges the constitutionality of the 1st respondent's actions in disconnecting electricity to county government facilities without exhausting statutory dispute resolution mechan…

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• Doctrine Of Exhaustion
• Jurisdiction Of High Court
• Public Interest Litigation
• Electricity Supply Disputes
• Intergovernmental Relations
• Fundamental Rights Enforcement

Mavisi & 4 others v Nairobi County Government & 8 others; Land Registrar & 2 others (Interested Parties)

Mavisi & 4 others v Nairobi County Government & 8 others; Land Registrar & 2 others (Interested Parties) [2025] KEELC 4758 (KLR)

Court

Environment and Land Court

Case number

Environment and Planning Civil Case E032 of 2024

Judge

AA Omollo

The court held that while the doctrine of exhaustion generally requires parties to pursue statutory dispute resolution mechanisms before approaching the courts, an exception exists where the dispute raises genuine constitutional issues regarding fundamental rights and freedoms. In this case, the petitioners alleged violations of constitutional rights to a clean and healthy environment, which the court found sufficient to dismiss the preliminary objection on jurisdiction. However, on the substantive application for conservatory orders, the court found that the applicants had not demonstrated i…

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• Conservatory Orders
• Development Permissions
• Environmental Impact Assessment
• Doctrine Of Exhaustion
• Public Interest Litigation
• Jurisdiction