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Kenya decisions
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Auma v Homa Bay County Public Service Board [2025] KEELRC 1445 (KLR)
The court struck out an employment claim for premature filing after finding no proof that the claimant exhausted the Public Service Commission appeal process.
Njenga & another v National Government Constituencies Development Fund Board & 3 others [2025] KEELC 1488 (KLR)
The court lacks jurisdiction to entertain the Petition because the Petitioners failed to exhaust the dispute resolution mechanisms provided for under Section 56 of the National Government Constituencies Development Fund Act, 2015, given that the dispute arose from the administration of the Act and related to land use and title.
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Yano v Lotugei & 2 others [2025] KEELC 1151 (KLR)
The Environment and Land Court lacks original jurisdiction to hear disputes concerning water resources or water services under the Water Act, 2016, as the Act establishes a comprehensive dispute resolution mechanism that requires such disputes to be first heard by the Water Tribunal.
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Kandagor & 3 others v Kiptoo & 4 others; County Government of Baringo (Interested Party) [2024] KEHC 13770 (KLR)
The High Court held that the dispute over Kituro Farmers’ Co-operative Society officials and management belonged before the Co-operative Societies Tribunal, not the court.
Ndura & another v Kenya Power and Lighting Company Limited [2024] KEELC 6693 (KLR)
The court held that the acts complained of—erecting electricity poles and supply lines on the plaintiffs' land without consent—constitute trespass, which is not an activity regulated under the Energy Act, 2019. The dispute is not between licensees or about regulated services, but concerns the use and occupation of land, a matter within the exclusive jurisdiction of the Environment and Land Court under Article 162 of the Constitution and Section 13 of the Environment and Land Court Act. The doctrine of exhaustion does not apply to bar the court's jurisdiction in such cases, as neither the Ener…
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Mzuri Sweets Limited v Kenya Power & Lighting Co. Ltd [2024] KEHC 10895 (KLR)
The High Court at Malindi dismissed an appeal over jurisdiction, holding that a damages dispute from alleged electricity over-voltage had to go through the Energy Act dispute process first.
Kochipp Agency Limited v National Land Commission & 3 others; Premier Bank Limited (Formerly known as First Community Bank Ltd ) (Interested Party) [2024] KEELC 3762 (KLR)
The court held that it lacked jurisdiction to entertain the petition at first instance because the petitioner had not exhausted the statutory dispute resolution mechanisms provided under the Land Act. The Land Acquisition Tribunal, established under Section 133A of the Land Act, has original jurisdiction to hear and determine disputes relating to compulsory acquisition of land. The doctrine of exhaustion, as affirmed by both the Court of Appeal and the Supreme Court, mandates that parties must first pursue available statutory remedies before seeking judicial intervention. Since the petitioner…
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Rotich v Kenya Power and Lighting Company PLC & another [2023] KEHC 25997 (KLR)
The High Court lacks original jurisdiction to hear and determine claims for compensation arising from workplace injuries, as the Work Injury Benefits Act, 2007, establishes a comprehensive statutory mechanism for such claims. The Act vests the power to adjudicate these claims in the Director of Occupational Safety and Health Services, with a right of appeal to the Employment and Labour Relations Court. The Plaintiff's suit, having been filed by way of plaint in the High Court without first exhausting the statutory process, is improperly before the court. The Supreme Court's decision in Law So…
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Mochere v Kenya Power & Lighting Company Limited & 2 others [2023] KEELC 20775 (KLR)
The court held that although the suit was framed as one for trespass, it concerned a special type of trespass relating to the laying of electricity poles, which was specifically addressed by the dispute resolution mechanism under the Energy Act, 2006. At the time the suit was filed in 2018, the Energy Act, 2019 was not in force and could not apply retrospectively. The Energy Act, 2006 provided that disputes regarding the laying of electric supply lines on private land should first be referred to the Energy Regulatory Commission, with a right of appeal to the Energy Tribunal. The appellant fai…
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Alloys v Stima Sacco Society Ltd [2023] KEHC 23221 (KLR)
The High Court lacks original jurisdiction to hear disputes between a member and a co-operative society concerning the business of the society, including debt collection, as such disputes are expressly required by section 76 of the Cooperative Societies Act to be referred to the Co-operative Tribunal. The statutory framework, supported by judicial precedent, ousts the High Court's original jurisdiction in these matters, reserving only appellate jurisdiction. The applicant's suit, being a dispute over a loan facility between a member and the society, falls squarely within the ambit of section…
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