Kenya Case Law

East African Development Bank v Thousand Palms Beach Hotel Ltd

East African Development Bank v Thousand Palms Beach Hotel Ltd [2024] KECA 639 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E069 of 2021

Judges

AK Murgor, KI Laibuta, GV Odunga

The Court of Appeal held that the East African Development Bank enjoys absolute immunity from all legal proceedings in Kenya, including those brought by private parties, by virtue of Articles 44 and 45 of the EADB Charter as incorporated into Kenyan law through the EADB Act. The immunity is not limited to suits by member states or their agents but extends to all persons, including contractual counterparties, unless the bank expressly waives its immunity in writing. The existence of an arbitration clause in the loan agreement does not amount to a waiver of immunity; rather, it provides an alte…

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• International Organization Immunity
• Contractual Dispute Resolution
• Arbitration Clauses
• Constitutional Right Of Access To Court
• Treaty Domestication
• Jurisdiction Of Kenyan Courts

Nusu v National Assembly & 5 others; Law Society of Kenya (Interested Party)

Nusu v National Assembly & 5 others; Law Society of Kenya (Interested Party) [2024] KEHC 3949 (KLR)

Court

High Court

Case number

Constitutional Petition E009 of 2023

Judge

FROO Olel

The court found that the petitioner had established a prima facie case for access to information under Article 35 of the Constitution, as the 1st, 2nd, and 6th respondents had not provided the requested records relating to the ratification of the EADB Act, Rev 2014, and the status of funds disbursed from the consolidated fund. The right to information is fundamental, and public entities must facilitate access unless a valid legal exception applies. The Auditor General is required to provide information on amounts charged to the consolidated fund relating to EADB, as these are within its audit…

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• Access To Information
• Public Participation
• Public Finance Management
• Treaty Domestication
• Parliamentary Oversight
• International Organizations Immunity

Celestine Ntarwanda alias Edouard Nsengimana v Republic

Celestine Ntarwanda alias Edouard Nsengimana v Republic [2017] KEHC 9587 (KLR)

Court

High Court

Case number

Criminal Revision 46 of 2017

The court held that the 2009 extradition treaty between Kenya and Rwanda was not part of Kenyan domestic law as it had not been properly domesticated or presented before Parliament as required by Section 11(2) of Cap 76. Therefore, there was no binding treaty applicable to extradition proceedings with Rwanda under Part III of the Act. However, Part III of Cap 76, as operationalized by Legal Notice 300 of 1991, remained applicable to Rwanda, and extradition could proceed if the offences in question were covered by the schedule to the Act. The court found that the offences alleged against the a…

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• Extradition Procedure
• Treaty Domestication
• Refugee Status
• Jurisdiction Of Courts

Kandie v Alassane BA & another

Kandie v Alassane BA & another [2017] KESC 13 (KLR)

Court

Supreme Court

Case number

Petition 2 of 2015

Judges

PM Mwilu, MK Ibrahim, JB Ojwang, SC Wanjala, I Lenaola

The Supreme Court held that article 2(6) of the Constitution applies retrospectively, meaning all treaties and conventions ratified by Kenya, including those predating the 2010 Constitution, form part of Kenyan law. The Host Country Agreement, Charter, and Shelter Afrique Act must be read together, and they confer immunity on the respondents against legal processes, including personal arrest and detention, but such immunity is not absolute. It is functional, applying only to acts performed in official capacity, and may be waived by the organization. The Court found that the limitation of the…

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• Treaty Domestication
• Diplomatic Immunity
• Access To Justice
• Limitation Of Rights
• Employment Termination
• Official Functions Exception

Creative Print House Limited v East African Development Bank

Creative Print House Limited v East African Development Bank [2015] KEHC 5653 (KLR)

Court

High Court

Case number

Civil Case 176 of 2014

Judge

DO Ogembo

The court held that the East African Development Bank (EADB) is an international organization established by treaty, with its Charter domesticated into Kenyan law by the East African Development Bank Act, Cap 493A. Article 44(1) of the Charter, as incorporated into Kenyan law, grants the EADB absolute immunity from every form of legal process unless expressly waived in writing. There was no evidence of such waiver in this case. The court distinguished the Tononoka Steels case, noting that the immunity in that case was conferred by ministerial order, whereas here it is by Act of Parliament. Th…

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• International Organization Immunity
• Jurisdiction Of Kenyan Courts
• Commercial Lease Disputes
• Treaty Domestication
• Injunctive Relief
• Abuse Of Process

Barasa v Cabinet Secretary, Ministry of Interior and National Co-Ordination & 3 others; Nderitu & 2 others (Interested Parties)

Barasa v Cabinet Secretary, Ministry of Interior and National Co-Ordination & 3 others; Nderitu & 2 others (Interested Parties) [2014] KEHC 7542 (KLR)

Court

High Court

Case number

Constitutional Petition 488 of 2013

Judge

RM Mwongo

The High Court upheld Kenya’s ICC cooperation framework, finding no pre-arrest hearing or disclosure right for the petitioner, but extended interim security orders.

• Extradition And Surrender
• Fundamental Rights
• International Criminal Court
• Due Process
• Arrest And Detention
• Treaty Domestication