Kenya Case Law

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae)

Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae) [2025] KEHC 10568 (KLR)

Court

High Court

Case number

Petition E647 of 2024

Judge

EC Mwita

The court found that IMEI numbers, once associated with individuals through device registration and network activation, constitute personal data protected under Article 31 of the Constitution and the Data Protection Act. The impugned notices by the 1st and 2nd respondents, which required the collection, processing, and storage of IMEI numbers, lacked a clear legal basis and failed to comply with statutory requirements, including the need for guidelines, public participation, and a data protection impact assessment. The respondents did not demonstrate that the limitation of the right to privac…

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• Right To Privacy
• Data Protection
• Administrative Action
• Statutory Instruments
• Public Participation
• Proportionality Test

Kassam & 12 others v Shah & 16 others

Kassam & 12 others v Shah & 16 others [2025] KEELC 5354 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E007 of 2024

Judge

OA Angote

The court found that the petition raised constitutional issues regarding environmental rights, planning law compliance, and public participation. However, after reviewing the evidence, the court held that the approvals and licenses for the developments were issued by the relevant authorities, and any procedural irregularities (such as misdescription of the law or issuance in the name of a predecessor) did not render them void. The court applied the presumption of regularity, noting no cogent evidence was provided to rebut it. Public participation requirements were met through newspaper notice…

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• Development Permissions
• Environmental Impact Assessment
• Public Participation
• Riparian Reserves
• Planning Law Compliance
• Access To Information

Kuria & another v Attorney General & 7 others

Kuria & another v Attorney General & 7 others [2025] KEELC 5361 (KLR)

Court

Environment and Land Court

Case number

Petition E001 of 2023

Judge

JA Mogeni

The court held that it has jurisdiction to determine the Petition as it concerns alleged violations of the right to a clean and healthy environment under Article 42 of the Constitution, and is not an appeal from a decision of the County Physical and Land Use Planning Liaison Committee. The Petitioners have locus standi to bring the Petition, whether or not they are members of the Gatuanyaga Residents Association or directly affected, as environmental litigation is not constrained by narrow rules of standing. The court found that the Petitioners established a prima facie case that the proposed…

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• Public Participation
• Environmental Impact Assessment
• Right To Clean And Healthy Environment
• Precautionary Principle
• Sustainable Development
• Locus Standi

Africa Center for Corrective and Preventive Action & 11 others v Murang’a County Government & 3 others; Attorney General (Interested Party)

Africa Center for Corrective and Preventive Action & 11 others v Murang’a County Government & 3 others; Attorney General (Interested Party) [2025] KEHC 10268 (KLR)

Court

High Court

Case number

Constitutional Petition E002 of 2024

Judge

CW Githua

The court found that the Water Tribunal's jurisdiction under the Water Act, 2016 is limited to disputes arising from decisions of the Cabinet Secretary, the Authority, or the Regulatory Board, or disputes concerning water services where there is a business contract. The petitioners' grievances did not arise from such a decision or a business contract but from an alleged violation of constitutional rights following a directive by the county government changing their water service provider. The reliefs sought included constitutional declarations and judicial review orders, which are within the…

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• Right To Water
• Public Participation
• Legitimate Expectation
• Judicial Review
• Doctrine Of Exhaustion
• Constitutional Jurisdiction

Mbayaki & 4 others v Odhiambo & 2 others (Sued in their Capacity as Officials and Representatives of Githeri Rise Residents Association) & another

Mbayaki & 4 others v Odhiambo & 2 others (Sued in their Capacity as Officials and Representatives of Githeri Rise Residents Association) & another [2025] KEELC 5278 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E011 of 2025

Judge

AA Omollo

The court found that it had jurisdiction to hear the application because no decision by the National Environment Management Authority (NEMA) had been presented to trigger the jurisdiction of the National Environment Tribunal, and thus the doctrine of exhaustion did not apply. The applicants established a prima facie case by demonstrating that the proposed mast was to be constructed 4.2–5 meters from their residences, without evidence of the requisite environmental license or adequate consideration of environmental concerns. The court held that the balance of convenience favored granting inter…

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• Environmental Impact Assessment
• Public Participation
• Injunctive Relief
• Right To Clean Environment

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties)

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties) [2025] KEELC 5264 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E020 of 2024

Judge

YM Angima

The court held that the petitioners were not entitled to challenge the decision of the National Environment Tribunal (NET) by way of a constitutional petition, as the Environmental Management and Coordination Act (EMCA) provides a specific appellate mechanism for such grievances. The court emphasized the doctrine of exhaustion, requiring parties to utilize statutory remedies before seeking constitutional relief. However, the court found that the petition was severable, allowing constitutional issues unrelated to the NET decision to proceed. The preliminary objection thus succeeded in part: th…

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• Public Participation
• Freedom Of Worship
• Administrative Exhaustion
• Judicial Review
• Noise Pollution Regulation

Abdilah & 3 others v County Government of Wajir

Abdilah & 3 others v County Government of Wajir [2025] KEHC 9986 (KLR)

Court

High Court

Case number

Constitutional Petition E007 of 2023

Judge

JN Onyiego

The court found that the County Government of Wajir met the constitutional threshold for public participation in enacting the Wajir County Finance Act 2023. Notices were published in national newspapers, on the county website, and on social media, and consultative forums were held across all sub-counties. The petitioners were invited but did not participate. The court held that public participation does not require every individual to be heard, only that reasonable opportunity is provided. Regarding the cess, the court determined that the county is empowered under Article 209(4) to levy charg…

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• Public Participation
• County Taxation
• Cess Charges
• Judicial Review
• Economic Rights
• Separation Of Powers

Nicholus v Attorney General & 7 others; National Environmental Complaints Committee (NECC) & 5 others (Interested Parties)

Nicholus v Attorney General & 7 others; National Environmental Complaints Committee (NECC) & 5 others (Interested Parties) [2025] KEELC 5026 (KLR)

Court

Environment and Land Court

Case number

Petition 2 of 2021

Judge

AE Dena

The court found that the water quality analysis report recommended by the NECC is central to the issues raised in the petition and that the applicant, as the originator of the complaint, had a legitimate expectation that the report would be availed. The court held that availing the report is necessary for completeness of investigations and substantive justice, and thus ordered its production. Regarding the site visit, the court determined that such a visit would be beneficial to all parties and would assist the court in understanding the issues and evidence, but left the timing and logistics…

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• Illegal Mining
• Environmental Pollution
• Statutory Duties
• Water Quality Monitoring
• Public Participation
• Judicial Site Visit

Wanjohi & another v County Government of Uasin Gishu

Wanjohi & another v County Government of Uasin Gishu [2025] KEELC 5076 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E006 of 2022

Judge

EM Washe

The court held that closing Eldoret Champions Market and 64 Market without public participation and fair administrative process violated Articles 10 and 47.

• Public Participation
• Fair Administrative Action
• Legitimate Expectation
• Right To Property
• Market Relocation
• Environmental Rights

Okoiti v Private Security Regulatory Authority & 5 others; Security Trainers Association of Kenya & 3 others (Interested Parties)

Okoiti v Private Security Regulatory Authority & 5 others; Security Trainers Association of Kenya & 3 others (Interested Parties) [2025] KEHC 9584 (KLR)

Court

High Court

Case number

Petition 122 of 2020

Judge

EC Mwita

The High Court held that annulled private security regulations could not support actions taken after 19 November 2019, but upheld appointments made before annulment.

• Statutory Instruments Annulment
• Public Participation
• Board Appointments
• Leadership And Integrity
• Regulatory Compliance
• Statutory-instruments-annulment