Kenya Case Law

Republic v Kenya National Highways Authority & another; Masosa Costruction Limited (Exparte Applicant)

Republic v Kenya National Highways Authority & another; Masosa Costruction Limited (Exparte Applicant) [2025] KEHC 6151 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E259 of 2024

Judge

JM Chigiti

The High Court granted mandamus compelling KENHA to pay a judgment debt, interest, and taxed costs, holding that Section 68 of the Kenya Roads Act imposed a duty to pay without delay.

• Mandamus Orders
• Public Duty Enforcement
• Execution Of Judgments
• Statutory Obligations
• Access To Justice
• Mandamus-orders

Republic v Kenya Wildlife Service & 2 others; Lesimbasele & another (Exparte Applicants) (Suing as the Legal Representative of the Estate of Iltelesian Ortowa - Deceased)

Republic v Kenya Wildlife Service & 2 others; Lesimbasele & another (Exparte Applicants) (Suing as the Legal Representative of the Estate of Iltelesian Ortowa - Deceased) [2025] KEHC 4450 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E002 of 2025

Judge

FR Olel

An order of Mandamus should issue to compel the Kenya Wildlife Service and the County Wildlife Conservation & Compensation Committee to perform their statutory duty to deliberate upon a compensation claim for death caused by wildlife within a specified timeframe, as they have a public legal duty to do so and have failed to act within the statutory period, leaving the Ex parte Applicants with no other adequate remedy. However, a Mandamus order directing payment of a specific sum is premature as the deliberation and recommendation process has not been completed.

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• Judicial Review
• Mandamus
• Wildlife Compensation
• Public Duty
• Statutory Obligations

Wekesa v Energy and Petroleum Regulatory Authority & another

Wekesa v Energy and Petroleum Regulatory Authority & another [2024] KEET 390 (KLR)

Court

Energy & Petroleum Tribunal

Case number

Tribunal Appeal E010 of 2023

Judges

Kioko Kilukumi, D.K Mwirigi, B.H Wasioya, F.S Ibrahim

The Tribunal found that while the appellant's claims of bias and illegality were unsubstantiated, the 2nd Respondent's decision was premature and unreasonable because it was rendered without considering the agreed-upon excel sheet tabulation detailing how the disputed amount of KShs. 40,122 was computed. The 1st Respondent admitted that some bills were based on estimates rather than actual meter readings, and the appellant was entitled to know the basis of these estimates. The Tribunal held that the 2nd Respondent was obligated to take into account the computation of the contested bills, and…

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• Energy Regulation
• Meter Accuracy Disputes
• Administrative Appeals
• Utility Billing
• Statutory Obligations
• Tribunal Jurisdiction

Anti Counterfeit Agency v Mwania t/a Tonermart Technologies & another

Anti Counterfeit Agency v Mwania t/a Tonermart Technologies & another [2024] KEHC 1725 (KLR)

Court

High Court

Case number

Civil Appeal 215 of 2018

Judge

DAS Majanja

The court held that the appellant was under a statutory obligation to return the seized goods to the 1st respondent within three months unless criminal charges were brought under the Anti-Counterfeit Act, which did not occur. The appellant's retention of the goods, including those it claimed were counterfeit, was unlawful as only a court can declare goods counterfeit and order forfeiture upon conviction. The trial court erred in finding gross negligence where it was neither pleaded nor proved. The appellant is required to release the goods in its custody and compensate the 1st respondent for…

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• Counterfeit Goods Seizure
• Duty Of Care
• Damages Assessment
• Change Of Advocate
• Statutory Obligations
• Indemnity

Kibira & 3 others v Njorogre & 3 others; Garden Ridgeways Residents Association & another (Interested Parties)

Kibira & 3 others v Njorogre & 3 others; Garden Ridgeways Residents Association & another (Interested Parties) [2024] KEELC 381 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E137 of 2023

Judge

JE Omange

The court found that although statutory mechanisms exist for resolving planning and environmental disputes, the present case was distinguishable because the 3rd respondent (Nairobi City County Government) had already determined that the structures in question should be demolished but had failed to implement its own decision. The plaintiffs sought to compel the 3rd respondent to execute this determination, a remedy not available through the statutory tribunals. Therefore, the doctrine of exhaustion did not oust the court's jurisdiction. On the merits of the injunction, the court held that the…

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• Injunctive Relief
• Noise Pollution
• Land Use Change
• Planning Permission
• Jurisdiction
• Statutory Obligations

Muendo & 33 others v Quality Inspectors Limited

Muendo & 33 others v Quality Inspectors Limited [2023] KEELRC 2704 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 230 of 2018

Judge

K Ocharo

The court found that, except for certain claimants who failed to provide sufficient proof of employment, the majority of claimants established an employment relationship with the respondent through contracts, NSSF slips, and bank statements. The respondent's evasive denials and failure to produce employment records or evidence of lawful termination or redundancy notices undermined its case. The court rejected the respondent's argument that salary payments were contingent on payments from a third-party contractor, holding that statutory and contractual obligations to pay salaries are not excus…

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• Salary Arrears
• Employment Relationship
• Proof Of Employment
• Redundancy Procedure
• Statutory Obligations
• Certificate Of Service

Republic v Director General Kenya National Highways Authority; Kenya Revenue Authority (Interested Party); SBI International Holdings (Kenya) (Exparte)

Republic v Director General Kenya National Highways Authority; Kenya Revenue Authority (Interested Party); SBI International Holdings (Kenya) (Exparte) [2023] KEHC 22441 (KLR)

Court

High Court

Case number

Application E038 of 2022

Judge

J Ngaah

The High Court issued mandamus compelling the Director General of KeNHA to pay a decretal sum owed to SBI, despite tax preservation disputes with KRA.

• Mandamus Orders
• Public Duty Enforcement
• Decree Execution
• Tax Preservation Orders
• Statutory Obligations
• Judicial Review Remedies

Mbataru v Plan International INC

Mbataru v Plan International INC [2023] KEELRC 1871 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 509 of 2019

Judge

Nzioki wa Makau

The court overruled a witness objection in a discrimination dispute, allowing one confined question on alleged disability discrimination while avoiding a question of law.

• Disability Discrimination
• Reasonable Accommodation
• Statutory Obligations
• Burden Of Proof
• Disability-discrimination
• Employment-law

Universities Academic Staff Union (UASU) v Technical University of Kenya

Universities Academic Staff Union (UASU) v Technical University of Kenya [2023] KEELRC 1817 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E195 of 2021

Judge

JK Gakeri

The court dismissed UASU’s petition for unpaid union dues, finding it failed the constitutional threshold and lacked evidence proving the amounts claimed.

• Union Dues Remittance
• Collective Bargaining Agreements
• Constitutional Threshold
• Burden Of Proof
• Statutory Obligations
• Abuse Of Court Process

Owuor v Brinks Security Services Limited

Owuor v Brinks Security Services Limited [2023] KEELRC 183 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1829 of 2016

Judge

J Rika

The court found the claimant’s dismissal unfair for lack of a proper hearing and inadequate proof of misconduct. It awarded notice pay, refund of surcharge, and compensation.

• Unfair Termination
• Disciplinary Procedure
• Maternity Leave Entitlements
• Summary Dismissal
• Statutory Obligations
• Employee Compensation