Kenya Case Law

Achieng & 2 others v Cabinet Secretary, Ministry of Interior and Coordination of Government & 2 others

Achieng & 2 others v Cabinet Secretary, Ministry of Interior and Coordination of Government & 2 others [2025] KEHC 10658 (KLR)

Court

High Court

Case number

Petition E404 of 2023

Judge

EC Mwita

The court found that the respondents failed to provide any evidence or substantive response to justify the removal of Mr. Ekunpa from Kenya. The respondents did not demonstrate that Mr. Ekunpa fell within any category of prohibited immigrant or inadmissible person under section 33 of the Kenya Citizenship and Immigration Act, nor did they provide proof of a valid deportation order or notice. The uncontroverted evidence showed that Mr. Ekunpa was lawfully in Kenya and was removed without being informed of the reasons or given an opportunity to respond, in violation of articles 47 and 50(1) of…

Source excerpt

• Deportation Procedure
• Fair Administrative Action
• Family Rights
• Parental Care
• Due Process
• Right To Fair Hearing

Aga Khan University Hospital v Disciplinary & Ethics Committee of the Kenya Medical Practitioners and Dentists Council & another

Aga Khan University Hospital v Disciplinary & Ethics Committee of the Kenya Medical Practitioners and Dentists Council & another [2025] KEHC 10266 (KLR)

Court

High Court

Case number

Civil Appeal E1350 of 2024

Judge

LP Kassan

High Court partly allowed an application for a fuller disciplinary record, ordering handwritten notes to be produced but declining to compel audio recordings.

• Disciplinary Tribunal Records
• Right To Fair Hearing
• Production Of Evidence
• Appeal Record Completeness
• Disciplinary-tribunal-records
• Fair-hearing

Macharia v CIM Investment Limited & another

Macharia v CIM Investment Limited & another [2025] KEHC 9992 (KLR)

Court

High Court

Case number

Civil Appeal 222 of 2020

Judge

AC Mrima

The High Court reinstated an appeal dismissed for want of prosecution, finding the appellant had not been given a fair opportunity to be heard before dismissal.

• Dismissal For Want Of Prosecution
• Reinstatement Of Appeal
• Right To Fair Hearing
• Dismissal-for-want-of-prosecution
• Reinstatement-of-appeal
• Right-to-fair-hearing

Republic & another v County Land Registrar

Republic & another v County Land Registrar [2025] KEELC 5139 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E001 of 2022

Judge

A Ombwayo

The court reviewed and set aside its earlier ruling after finding it had not considered the applicant’s filed opposition documents, and ordered the joinder application reheard.

• Review Of Court Orders
• Joinder Of Parties
• Error On Face Of Record
• Right To Fair Hearing
• Review-of-court-orders
• Joinder-of-parties

Mukhobi v Mukhobi & another

Mukhobi v Mukhobi & another [2025] KEELC 5276 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E014 of 2024

Judge

E Asati

The court dismissed a constitutional petition over disputed land transfers, finding it lacked precision, was res judicata, and improperly sought appellate relief through constitutional and judicial review routes.

• Land Registration
• Fraudulent Transfer Of Land
• Res Judicata
• Constitutional Threshold
• Right To Fair Hearing
• Judicial Review

Nyamanga v Makabong'o (Sued as Administrators of the Estate of Philip Odero Makabong'o - Deceased) & 2 others

Nyamanga v Makabong'o (Sued as Administrators of the Estate of Philip Odero Makabong'o - Deceased) & 2 others [2025] KEELC 5132 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 860 of 2017

Judge

FO Nyagaka

The Environment and Land Court allowed substitution of a deceased defendant, set aside an earlier judgment, and reopened the case after finding the defendant had been ill and unable to participate.

• Setting Aside Judgment
• Substitution Of Parties
• Reopening Of Case
• Right To Fair Hearing
• Setting-aside-judgment
• Substitution-of-parties

Gatiria v Kamunyu & 4 others

Gatiria v Kamunyu & 4 others [2025] KEHC 9619 (KLR)

Court

High Court

Case number

Constitutional Petition E019 of 2024

Judge

LW Gitari

The court found that the applicant was served with a notice of the intended vote of no confidence, which disclosed the grounds as required by the relevant standing orders—namely, account of performance and non-submission of reports. The court held that the applicant was not denied the right to be heard, as the notice provided sufficient particulars and a meeting was scheduled to discuss the motion. The applicant failed to demonstrate a prima facie case or that she would suffer irreparable loss if conservatory orders were not granted. The threshold for the grant of conservatory orders was not…

Source excerpt

• Fair Administrative Action
• Right To Fair Hearing
• Conservatory Orders
• County Assembly Procedure

Mwaniki v Ndiga & 3 others

Mwaniki v Ndiga & 3 others [2025] KEHC 9562 (KLR)

Court

High Court

Case number

Constitutional Petition E020 of 2024

Judge

LW Gitari

The court found that the applicant was served with a notice of the intended vote of no confidence, which disclosed the particulars of the motion—namely, account of performance and failure to submit relevant reports to the County Assembly. The notice was supported by the signatures of six committee members, meeting the requirements of Standing Order 194. The applicant failed to demonstrate that his right to be heard was violated, as the minutes showed a meeting was scheduled to discuss the motion, and the particulars were supplied in accordance with the standing orders. The court held that the…

Source excerpt

• Fair Administrative Action
• Right To Fair Hearing
• Conservatory Orders
• County Assembly Procedure

Muliango & 2 others v Andai

Muliango & 2 others v Andai [2025] KEELC 5129 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E039 of 2023

Judge

A Nyukuri

The appellate court held that although Order 45 Rule 6 of the Civil Procedure Rules generally bars a second review application, the trial court retained inherent jurisdiction under section 3A of the Civil Procedure Act to set aside ex parte orders where a party was denied the right to be heard, as guaranteed by Article 50 of the Constitution. The respondent was not accorded a fair hearing before the ex parte orders of 23rd May 2023 were made, justifying the trial court's intervention. The court further found that the appellants' application for review dated 20th April 2023 did not meet the st…

Source excerpt

• Review Of Court Orders
• Production Of Evidence
• Right To Fair Hearing
• Ex Parte Orders
• Jurisdiction Of Trial Court

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party)

Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party) [2025] KEELC 4881 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 2 of 2021

Judge

AE Dena

The court held the petitioner was the registered owner of Kwale/Galu/Kinondo/577, quashed the Kadhi's order, and found the respondents failed to prove ownership.

• Land Title Registration
• Jurisdiction Of Kadhis Court
• Right To Fair Hearing
• Succession And Inheritance
• Rectification Of Land Register
• Administrative Action