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Kenya decisions
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Shete v Commissioner for Cooperative Development [2025] KECPT 382 (KLR)
The Cooperative Tribunal struck out an appeal as premature because no surcharge order had been issued, and upheld a preliminary objection on jurisdiction.
Republic v Chairman and Members of Kapsabet Division Land Disputes Tribunal & 2 others [2025] KEHC 9657 (KLR)
The High Court allowed the applicant to withdraw a judicial review suit challenging a land tribunal award and magistrate’s decree, with no order as to costs.
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.
Republic v Busia Municipality Land Disputes Tribunal; Wandera (Sued as the Legal Representative of the Estate of Ali Awala Angaro) & another (Interested Parties) [2025] KEELC 4949 (KLR)
The court dismissed a judicial review challenge to a land tribunal award, holding that the later-enjoined applicants were out of time and that the objection raised factual issues.
Tavez Connections Limited v Commissioner of Domestic Taxes [2025] KETAT 251 (KLR)
The Tribunal found that the applicant failed to provide sufficient evidence or explanation to justify the two-year delay in filing the appeal. The applicant did not attach a copy of the record of appeal, a death certificate to substantiate the claim of the director's death, or a draft memorandum of appeal and statement of facts to demonstrate the arguability of the intended appeal. The Tribunal held that the grounds advanced did not meet the statutory threshold under Section 13(4) of the Tax Appeals Tribunal Act, which requires absence from Kenya, sickness, or other reasonable cause. The Trib…
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Kenya Electricity Transmission Company Limited v Matthew [2025] KEELC 4878 (KLR)
The court held that the Land Acquisition Tribunal had original and exclusive jurisdiction to determine disputes relating to wayleave compensation under Section 133C(6) of the Land Act, 2012, as the relevant written law referenced by Section 175 of the Energy Act, 2019. The Energy Act and its subsidiary regulations do not oust this jurisdiction, and any apparent conflict is resolved by statutory interpretation and the principle that subsidiary legislation cannot override parent statutes. The court further found that the Appellant, by filing a Preliminary Objection before seeking referral to ar…
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Mycredit Limited v Micro and Small Enterprises Tribunal; African Herbal Ingredient Wholesalers Limited (Interested Party) [2025] KEHC 8357 (KLR)
The High Court granted leave for judicial review and stayed Tribunal proceedings, holding there was an arguable case that the Tribunal lacked jurisdiction over the applicant.
Republic v Sports Tribunal & another; Bandari Football Club (Exparte Applicant) [2025] KEELRC 1716 (KLR)
The court granted leave for judicial review against a Sports Tribunal ruling on jurisdiction in an employment dispute involving Bandari Football Club and a former employee.
Kopoa Developers Limited v Endesk Properties Limited & another [2025] KEELC 4398 (KLR)
The court held that the National Environment Tribunal acted within its jurisdiction in issuing orders for a site visit and to stop construction pending determination of the appeal. The appellant was duly served, filed a replying affidavit, and was thus afforded a reasonable opportunity to be heard. The failure to file written submissions did not amount to a denial of the right to be heard, as the opportunity was provided but not utilized. The Tribunal was entitled to rely on photographic evidence and its own observations from the site visit, as it is not bound by the strict rules of evidence.…
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Republic v Sports Disputes Tribunal; Anti-doping Agency of Kenya (Interested Party); Taki (Exparte Applicant) [2025] KEHC 6620 (KLR)
The High Court quashed a Sports Disputes Tribunal ruling that it could hear an appeal against its own anti-doping decision, holding this was ultra vires and unfair.
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