Kenya Case Law

Awiti (The Administrator of the Estate of Paul Adhu Awiti) v Attorney General

Awiti (The Administrator of the Estate of Paul Adhu Awiti) v Attorney General [2025] KEHC 9927 (KLR)

Court

High Court

Case number

Petition 51 of 2019

Judge

LN Mugambi

The court found that although there is no statutory limitation period for filing constitutional petitions alleging violations of fundamental rights, the delay of nearly 29 years in bringing the petition was inordinate and unexplained. The deceased, after his release and return from exile, served as a Member of Parliament and government minister, and neither he nor the petitioner provided a satisfactory explanation for not pursuing the claim earlier, even after the passage of the current Constitution. The court held that the delay amounted to an abuse of process and that equity aids the vigila…

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• Unlawful Detention
• Torture And Inhuman Treatment
• Limitation Of Actions
• Burden Of Proof
• Compensation For Rights Violation

Kibuti v Attorney General

Kibuti v Attorney General [2025] KEELRC 2051 (KLR)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition 4 of 2014

Judge

B Ongaya

The court found that the petition was not time-barred, guided by the Supreme Court's recognition of transitional justice and the unique context of constitutional transitions in Kenya. The petitioner was entitled to file the petition after the 2010 Constitution enabled access to justice. The court held that failure to appeal the court martial conviction did not preclude the petitioner from seeking redress for constitutional violations. The court accepted the petitioner's unrebutted evidence of torture and inhuman treatment during detention, including prolonged solitary confinement, submersion…

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• Torture And Inhuman Treatment
• Military Justice
• Right To Fair Trial
• Arrest And Detention
• Transitional Justice

Kanu (Suing on behalf of and Representing the Subject Nwannekaenvi Nnamdi Kenny Okwu-Kanu) v Cabinet Secretary, Ministry of Interior and Coordination of National Government & 4 others

Kanu (Suing on behalf of and Representing the Subject Nwannekaenvi Nnamdi Kenny Okwu-Kanu) v Cabinet Secretary, Ministry of Interior and Coordination of National Government & 4 others [2025] KEHC 8967 (KLR)

Court

High Court

Case number

Constitutional Petition E359 of 2021

Judge

EC Mwita

The High Court held that Nnamdi Kanu was abducted, detained, tortured, and forcibly removed from Kenya in violation of his constitutional rights.

• Extradition Procedure
• Fundamental Rights Enforcement
• State Liability
• Torture And Inhuman Treatment
• Constitutional-rights
• Extraordinary-rendition

Mburu v Attorney General & another

Mburu v Attorney General & another [2025] KECA 769 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 380 of 2019

Judges

W Karanja, SG Kairu, WK Korir

Court of Appeal allowed an appeal over a 26-year delay in filing a torture and rights-violation claim, holding the trial court failed to consider the appellant’s explanation.

• Fundamental Rights Violation
• Torture And Inhuman Treatment
• Limitation Of Actions
• Transitional Justice
• Delay In Filing Petitions
• Constitutional-rights

Muchai & 5 others v Attorney General

Muchai & 5 others v Attorney General [2025] KECA 525 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 524 of 2019

Judges

DK Musinga, F Tuiyott, GV Odunga

The Court of Appeal was bound by the Supreme Court's decision in a similar case which established that there is no limitation of time for constitutional rights violations, judicial notice can be taken of the historical events at Freedom Corner, and that the actions of the police, even without physical injuries, constituted inhuman treatment in violation of the repealed Constitution.

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• Fundamental Rights
• Torture And Inhuman Treatment
• Limitation Of Actions
• Judicial Notice
• Damages For Rights Violations

Attorney General v Matu

Attorney General v Matu [2025] KECA 403 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 31 of 2020

Judges

F Tuiyott, AO Muchelule, GV Odunga

The court found that the respondent's petition, being a transitional justice claim redressing historical human rights violations stemming from the 1982 attempted coup, was not barred by laches notwithstanding the significant delay in filing. Furthermore, the court held that fundamental rights consistently protected under both the repealed and 2010 Constitutions could be litigated under the 2010 Constitution. The court also determined that the respondent had sufficiently proved the violations of his rights through uncontroverted evidence and that the trial court's award of damages was inordina…

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• Torture And Inhuman Treatment
• Unlawful Detention
• Unlawful Termination
• Compensation For Rights Violation

Muibau v Attorney General

Muibau v Attorney General [2025] KEHC 817 (KLR)

Court

High Court

Case number

Petition E248 of 2022

Judge

LN Mugambi

The Petition is dismissed because the Petitioner failed to provide a sufficient explanation for the inordinate delay of 17 years in filing the constitutional petition, thus rendering it an afterthought and an abuse of the court process.

Source excerpt

• Unlawful Detention
• Torture And Inhuman Treatment
• Limitation Of Actions
• State Liability

Mwani v Attorney General & another

Mwani v Attorney General & another [2024] KEHC 10660 (KLR)

Court

High Court

Case number

Constitutional Petition E014 of 2022

Judge

DO Chepkwony

The court found that the Petitioner failed to meet the required standard of specificity and proof in constitutional petitions, as he did not provide sufficient evidence to demonstrate that his or his family's rights were violated by the Respondents. The Petitioner did not attach or present supporting documents such as medical reports or receipts to substantiate claims of torture, injury, or property damage. The court held that the police acted within their constitutional and statutory mandate to investigate and arrest, and there was no evidence of illegality or abuse of power. Additionally, t…

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• Unlawful Arrest
• Detention Without Trial
• Torture And Inhuman Treatment
• Right To Privacy
• Burden Of Proof
• Judicial Review

Njue v Attorney General

Njue v Attorney General [2024] KEELRC 1887 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E095 of 2023

Judge

AN Mwaure

The court allowed a preliminary objection and struck out a petition as time barred, holding that the alleged 1982 events were filed far outside the applicable limitation period.

• Limitation Of Actions
• Constitutional Petitions
• Torture And Inhuman Treatment
• Jurisdiction Of Court
• Limitation-of-actions
• Preliminary-objection

Javeria Siddique w/o Arshad Sharif & 2 others v Attorney General & 4 others

Javeria Siddique w/o Arshad Sharif & 2 others v Attorney General & 4 others [2024] KEHC 9667 (KLR)

Court

High Court

Case number

Constitutional Petition E009 of 2023

Judge

SN Mutuku

The court found that the fatal shooting of Arshad Sharif by Kenyan police officers was arbitrary, unlawful, and violated his constitutional and international rights to life, dignity, and protection from torture and inhuman treatment. The respondents, jointly and severally, failed in their positive obligations to conduct prompt, independent, and effective investigations, to prosecute those responsible, and to provide timely updates and remedies to the petitioners, particularly the family of the deceased. The court held that the right to access information was also violated, as the respondents…

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• Right To Life
• Police Use Of Force
• State Liability
• Access To Information
• Torture And Inhuman Treatment
• Compensation For Rights Violation