The Court of Appeal allowed a second appeal and remitted the matter to the High Court to determine whether the tribunal had jurisdiction when it made the award.
Abdile v Social Health Authority (SHA) & 3 others [2025] KEELRC 1552 (KLR)
Court
Employment and Labour Relations Court
Case number
Petition E078 of 2025
Judge
B Ongaya
The court held that SHA’s recruitment limited to former NHIF staff was unlawful, ordering open competitive advertising and giving priority only within that process.
Gatiu and Gatiu & another v Wamutu [2025] KECA 818 (KLR)
Court
Court of Appeal
Case number
Civil Appeal 452 of 2019
Judges
FA Ochieng, LA Achode, JM Ngugi
The Court of Appeal upheld the striking out of an appeal for missing the tribunal award and a related judicial review judgment, finding the record incomplete and incompetent.
Odera (Suing in her Capacity as the Legal Representative and Administrator of the Estate of Gladys Betty Odera - Deceased) v Balozi Housing Co-operative Ltd [2024] KECA 1177 (KLR)
Court
Court of Appeal
Case number
Civil Appeal E727 of 2023
Judges
F Tuiyott, JW Lessit, GWN Macharia
The Court of Appeal held that the High Court was the only available forum for land-related disputes prior to the establishment of the Environment and Land Court in 2011. The Practice Directions issued by the Chief Justice in 2014, under both sections 24 and 30 of the Environment and Land Court Act, specifically provided for the transfer of cases relating to land and environment filed in the High Court before the ELC's creation, where hearing had not commenced. The Court found that the learned Judge misapplied the law by holding that the Practice Directions did not apply due to the lapse of ti…
The High Court allowed an appeal, finding the magistrate lacked jurisdiction over a land charge dispute above the statutory limit and struck out the suit.
Clerk of the National Assembly of Kenya & another v Njoya & 17 others & 3 others [2024] KECA 524 (KLR)
Court
Court of Appeal
Case number
Civil Appeal 323 of 2019
Judges
P Nyamweya, A Ali-Aroni, LA Achode
The Court of Appeal held that the transitional and consequential provisions in the Sixth Schedule to the Constitution of Kenya, 2010, did not preserve or extend tax exemptions for Members of Parliament beyond the effective date of the new Constitution. The Court found that Article 210(3) expressly prohibits any law from excluding state officers from payment of tax, and that any existing laws, including the National Assembly Remuneration Act, must be construed with necessary modifications to conform to the Constitution. The Court rejected the appellants' arguments that their privileges, immuni…
Osiemo v National Transport and Safety Authority & 4 others [2024] KEHC 2817 (KLR)
Court
High Court
Case number
Petition 48 of 2020
Judge
LN Mugambi
The court found that the petitioner’s main contention was the alleged lack of public participation in the enactment of the National Transport and Safety Authority Act. However, the respondents provided credible evidence of extensive stakeholder engagement and public hearings prior to the Act’s passage. Furthermore, the court held that, even if public participation had not occurred, Section 2(1)(b) of the Sixth Schedule to the Constitution suspended the requirement for public participation in legislative processes until after the first general elections under the 2010 Constitution. The Act was…
Mwangi v Governor, Nairobi City County & another; Kwamboka (Interested Party) [2024] KEELRC 500 (KLR)
Court
Employment and Labour Relations Court
Case number
Petition E153 of 2023
Judge
B Ongaya
The court dismissed a petition challenging the Nairobi City County Attorney’s continued tenure, holding the appointment was protected by transitional provisions and no unlawful delay was proved.
The court found that although the applicant delayed for five years after the decree absolute, the delay was satisfactorily explained by her belief that the dispute over the suit property had been resolved amicably, based on representations made by the respondent, including a title deed in joint names. The court held that Rule 18 of the Matrimonial Property Rules, 2022, grants it discretion to extend time for filing a matrimonial cause, and that the applicant's explanation for the delay was reasonable in the circumstances. The respondent did not demonstrate that he would suffer prejudice if le…
The High Court transferred a long-running land dispute to the Siaya Environment and Land Court, holding that pending issues now fall within ELC jurisdiction.