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Kenya Case Law

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Land And Property [2025] KECA 1194 (KLR)

Jilo v Sala

Jilo v Sala [2025] KECA 1194 (KLR)

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.

  • Tribunal Jurisdiction
  • Adoption Of Awards
  • Transitional Provisions
  • Land Dispute Resolution
  • Land-dispute-resolution
  • Tribunal-jurisdiction
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Constitutional Law [2025] KEELRC 1552 (KLR)

Abdile v Social Health Authority (SHA) & 3 others

Abdile v Social Health Authority (SHA) & 3 others [2025] KEELRC 1552 (KLR)

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.

  • Public Service Recruitment
  • Transitional Provisions
  • Equality And Non Discrimination
  • Fair Labour Practices
  • Fair Administrative Action
  • Open Competitive Appointments
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Land And Property [2025] KECA 818 (KLR)

Gatiu and Gatiu & another v Wamutu

Gatiu and Gatiu & another v Wamutu [2025] KECA 818 (KLR)

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.

  • Jurisdiction Of Land Tribunals
  • Registered Land Title
  • Procedural Completeness Of Appeal
  • Res Judicata
  • Transitional Provisions
  • Material Non Disclosure
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Land And Property [2024] KECA 1177 (KLR)

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

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)

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…

  • Transfer Of Suits
  • Jurisdiction Of Courts
  • Environment And Land Court Practice Directions
  • Transitional Provisions
  • Title To Land
  • Judicial Discretion
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Civil Procedure [2024] KEHC 11504 (KLR)

Kamotho Maiyo & Mbatia Advocates v Daria & 2 others

Kamotho Maiyo & Mbatia Advocates v Daria & 2 others [2024] KEHC 11504 (KLR)

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.

  • Jurisdiction Of Courts
  • Limitation Of Actions
  • Pecuniary Jurisdiction
  • Transitional Provisions
  • Charges On Land
  • Statute Barred Claims
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Constitutional Law [2024] KECA 524 (KLR)

Clerk of the National Assembly of Kenya & another v Njoya & 17 others & 3 others

Clerk of the National Assembly of Kenya & another v Njoya & 17 others & 3 others [2024] KECA 524 (KLR)

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…

  • State Officer Taxation
  • Transitional Provisions
  • Parliamentary Privileges
  • Legitimate Expectation
  • Public Finance Principles
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Constitutional Law [2024] KEHC 2817 (KLR)

Osiemo v National Transport and Safety Authority & 4 others

Osiemo v National Transport and Safety Authority & 4 others [2024] KEHC 2817 (KLR)

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…

  • Public Participation
  • Constitutionality Of Statutes
  • Transitional Provisions
  • Pleading Precision
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Employment And Labour [2024] KEELRC 500 (KLR)

Mwangi v Governor, Nairobi City County & another; Kwamboka (Interested Party)

Mwangi v Governor, Nairobi City County & another; Kwamboka (Interested Party) [2024] KEELRC 500 (KLR)

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.

  • County Attorney Tenure
  • Public Service Appointments
  • Transitional Provisions
  • Constitutional Compliance
  • County-attorney-tenure
  • Transitional-provisions
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Family And Children [2023] KEHC 25021 (KLR)

Akoth v Soro

Akoth v Soro [2023] KEHC 25021 (KLR)

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…

  • Matrimonial Property
  • Extension Of Time
  • Division Of Property
  • Customary Marriage
  • Delay In Filing
  • Transitional Provisions
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Land And Property [2023] KEHC 23313 (KLR)

Odhiambo v Ndiri (Deceased) & 2 others; Owala (Intended Interested Party)

Odhiambo v Ndiri (Deceased) & 2 others; Owala (Intended Interested Party) [2023] KEHC 23313 (KLR)

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.

  • Jurisdiction Transfer
  • Environment And Land Court
  • Transitional Provisions
  • Eviction Dispute
  • Jurisdiction-transfer
  • Environment-and-land-court
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.