Kenyan case law

In re Estate of Lihasi Bidali alias Charles Lihasi Bidali (Deceased) (Petition E030 of 2024) [2025] KESC 56 (KLR) (5 September 2025) (Judgment)

✦ The Supreme Court held that it had jurisdiction under article 163(4)(a) of the Constitution to hear the appeal, but the appeal was dismissed as the petition was improperly before the court and failed to meet the threshold for constitutional adjudication.

Insurance Training & Education Trust v Gathondu (As Administrator of the Estate of the Late Thumbi Kariuki) & 5 others (Application E019 of 2025) [2025] KESC 58 (KLR) (5 September 2025) (Ruling)

✦ The Court of Appeal’s ruling denying certification and leave to appeal was upheld.

Independent Electoral and Boundaries Commission v Attorney General (Advisory Opinions Application E004 of 2024) [2025] KESC 57 (KLR) (5 September 2025) (Advisory Opinion)

Standard Chartered Bank Kenya Limited & 10 others v Retirement Benefits Appeal Tribunal & 3 others (Petition (Application) E011 of 2025) [2025] KESC 55 (KLR) (5 September 2025) (Ruling)

✦ The Supreme Court lacks jurisdiction to hear and determine the intended appeal and the application for stay attendant thereto.

Cox & 2 others v Okello (Petition E001 of 2025) [2025] KESC 54 (KLR) (29 August 2025) (Judgment)

✦ The Supreme Court held that a private prosecutor does not possess an independent right of appeal against an acquittal. The High Court's supervisory jurisdiction under article 165(6) and (7) of the Constitution must be exercised through established statutory procedures and cannot reverse an acquittal via revision proceedings under section 364.

Kamande v Judicial Service Commission (Petition E005 of 2025) [2025] KESC 48 (KLR) (Civ) (15 August 2025) (Judgment)

Owiso & 2 others v Attorney-General & another; Law Society of Kenya & 8 others (Interested Parties) (Petition (Application) E020 of 2025) [2025] KESC 52 (KLR) (Civ) (15 August 2025) (Ruling)

Senate & 3 others v Speaker of the National Assembly & 10 others (Petition (Application) 19 (E027) of 2021) [2025] KESC 49 (KLR) (15 August 2025) (Ruling)

✦ The Court finds no reason to review the Judgment and dismisses the Applicants' Notice of Motion.

Goal Advisory Africa Limited (Suing as the Trustee of Cytonn High Yield Fund (CHYF)) v Official Receiver (Application E010 of 2025) [2025] KESC 50 (KLR) (15 August 2025) (Ruling)

✦ The court held that the Supreme Court had unfettered jurisdiction to extend timelines, but declined the application for extension of time due to procedural and substantive reasons.

Commission on Administrative Justice v Kisumu County Government & 2 others (Reference E001 of 2025) [2025] KESC 51 (KLR) (15 August 2025) (Ruling)

✦ The Supreme Court dismissed the oral proposal to admit the Law Society of Kenya and Katiba Institute as participants/interveners in the reference and struck out the named respondents.

Judicial Service Commission & another v LMN (Petition E040 of 2024) [2025] KESC 53 (KLR) (15 August 2025) (Judgment)

✦ The Supreme Court dismissed the petition and partially succeeded the respondent's cross-appeal, reinstating her to her position as Senior Principal Magistrate with accrued salary and benefits from the date of her interdiction.

Board of Management Buni Primary School v Freedom Limited & 4 others (Application E036 of 2024) [2025] KESC 47 (KLR) (15 August 2025) (Ruling)

✦ The Motion is dismissed in its entirety.

Wafula v Director of Public Prosecutions; Ethics and Anti-Corruption Commission & 2 others (Interested Parties) (Petition E045 of 2024) [2025] KESC 46 (KLR) (11 July 2025) (Judgment)

✦ This Court has jurisdiction to hear and determine the appeal.

Okoiti v Portside Freight Terminals Limited & 12 others (Petition E011 of 2024) [2025] KESC 44 (KLR) (30 June 2025) (Judgment)

FAAF v RFM & 2 others (Petition E035 of 2023) [2025] KESC 45 (KLR) (30 June 2025) (Judgment)

Kenya Wildlife Service v Sea Star Malindi Limited (Petition E022 of 2024) [2025] KESC 42 (KLR) (27 June 2025) (Judgment)

✦ The appeal is allowed, and the Court of Appeal’s judgment is set aside. The matter is remitted to the Court of Appeal for re-evaluation of evidence on liability.

B. N. Kotecha & Sons Ltd & another v Amalo Company Limited (Petition (Application) E008 of 2025 & Application E006 of 2025 (Consolidated)) [2025] KESC 43 (KLR) (27 June 2025) (Ruling)

✦ The appeal did not involve any constitutional question and therefore fell outside the jurisdiction of the Supreme Court.

Ngoge t/a OP Ngoge & Associates Advocates v Muiruri (Former Chief Magistrate) (Petition E035 of 2024) [2025] KESC 41 (KLR) (Appeals) (9 June 2025) (Ruling)

✦ The appeal is dismissed as it does not meet the threshold for invoking the Supreme Court's appellate jurisdiction under Article 163(4)(a) of the Constitution.

Wandi v Muchira (Petition (Application) E029 of 2024) [2025] KESC 40 (KLR) (9 June 2025) (Ruling)

✦ The omission to name the administrator ad litem was a procedural error rather than a fatal defect, and substitution had already occurred in the Court of Appeal. The court allowed the appellant's application for leave to file a supplementary record of appeal, finding the delay excusable and non-prejudicial.

Standard Chartered Financial Services Limited v Manchester Outfitters (Suiting Division) Limited Now Called King Woolen Mills Limited & 2 others (Petition (Application) E012 of 2024) [2025] KESC 39 (KLR) (30 May 2025) (Ruling)

✦ The Court dismissed the applications to strike out the Notice of Change of Advocates and to bar other firms from representing the 1st applicant.

National Hospital Insurance Fund Management Board v Kenya Union of Commercial Food and Allied Workers & another; Attorney General (Interested Party) (Petition E024 of 2024) [2025] KESC 37 (KLR) (30 May 2025) (Judgment)

✦ The Supreme Court held that NHIF and its employees were in the public service and thus under SRC's jurisdiction. SRC's advice concerning the remuneration and benefits of public officers was binding.

Barclays Bank of Kenya Limited (Now ABSA Kenya PLC) ((Now ABSA Kenya PLC)) v Commissioner of Domestic Taxes (Large Taxpayer’s Office); Kenya Bankers Association & another (Interested Parties) (Petition (Application) 12 (E014) of 2022) [2025] KESC 36 (KLR) (30 May 2025) (Ruling)

✦ The Court grants leave to file expanded submissions, limited to 30 pages, to ensure justice and public interest

Aboo v Assests Recovery Agency & another (Application E034 of 2024) [2025] KESC 38 (KLR) (30 May 2025) (Ruling)

✦ The Originating Motion is hereby dismissed.

Heldo Foodstuffs Limited v Kiptugen & 6 others (Application E029 of 2024) [2025] KESC 35 (KLR) (30 May 2025) (Ruling)

✦ The Supreme Court grants leave to appeal the Judgment of the Court of Appeal.

Miguna v Muhu Holdings Co. Ltd (Petition E036 of 2024) [2025] KESC 29 (KLR) (23 May 2025) (Ruling)

✦ The Supreme Court lacked jurisdiction to entertain the appeal because the impugned decision was an interlocutory ruling and did not involve the interpretation or application of the Constitution.