Kenyan case law
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Salthouse v Maina (Petition E500 of 2024) [2026] KEHC 2808 (KLR) (Constitutional and Human Rights) (5 March 2026) (Judgment)
✦ The Court found the Petition to be a constitutional issue and declined to entertain the matter under the doctrine of constitutional avoidance.
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Musembi & 9 others v Attorney General & 12 others (Constitutional Petition E007 of 2025) [2026] KEELC 1260 (KLR) (Environment and Land) (5 March 2026) (Ruling)
✦ The court dismissed the petitioners' claims.
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Edward v Attorney General (Petition E364 of 2023) [2026] KEHC 2767 (KLR) (Constitutional and Human Rights) (5 March 2026) (Judgment)
✦ The Court declared that the Petitioner's fundamental freedoms under Articles 25, 27, 28, 29, 32, 33, 35, 36, 47, 48, 49, 50 and 51 of the Constitution have been violated, denied, infringed, and under and threatened.
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Mbuvi v Directorate of Criminal Investigation & another; Director of Public Prosecutions (Interested Party) (Petition E348 of 2023) [2026] KEHC 2768 (KLR) (Constitutional and Human Rights) (5 March 2026) (Judgment)
✦ The Court dismissed the Petition as it did not raise a cause of action against the Interested Party, the Director of Public Prosecutions.
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Onunga v Cabinet Secretary, National Treasury & Economic Planning & 5 others (Constitutional Petition E004 of 2026) [2026] KEHC 2697 (KLR) (4 March 2026) (Ruling)
✦ The matter will be sent to the Principal Judge of the High Court for directions as to hearing and disposal.
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Bino v County Assembly of Marsabit & another (Constitutional Petition E005 of 2025) [2026] KEHC 2957 (KLR) (4 March 2026) (Judgment)
✦ The petition is merited, and the court declares any proceedings beyond the statutory 14 days null and void, prohibits further disciplinary action, and orders each party to bear their own costs.
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Sarita t/a Myra IVF Clinic v CMM & 4 others (Constitutional Petition E556 of 2025) [2026] KEHC 2782 (KLR) (Constitutional and Human Rights) (4 March 2026) (Judgment)
✦ The Court did not find that the Petitioner's constitutional rights were demonstrably violated or that the respondents' conduct was ultra vires. The Court did not interfere with the ongoing investigations.
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Liwanya Construction and General Supplies Company Limited & another v Kenya National Highway Authority & another; Kenya Commercial Bank Kenya Limited, Industrial Area Branch (Garnishee) (Petition 226 of 2019) [2026] KEHC 2824 (KLR) (Constitutional and Human Rights) (4 March 2026) (Ruling)
✦ The court declines to issue the order for garnishee-absolute and strikes out the application due to the failure to serve the order nisi in the prescribed form.
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Natembeya v Director of Public Prosecutions & 4 others (Constitutional Petition E338 of 2025) [2026] KEHC 3020 (KLR) (4 March 2026) (Judgment)
✦ The Court finds that the arrest, detention, and prosecution of the Petitioner violated his constitutional rights under Articles 29, 31, and 49 of the Constitution.
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Mavoko Muundani Residents Association & 55 others v KCB Bank Kenya Limited & 5 others (Constitutional Petition E003 of 2025) [2026] KEHC 2908 (KLR) (3 March 2026) (Ruling)
✦ The Court has jurisdiction to hear the Petition.
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Mwambodze v Land Registrar, Kwale Land Registry & another (Environment and Land Constitutional Petition E004 of 2024) [2026] KEELC 1366 (KLR) (3 March 2026) (Judgment)
✦ The Petition cannot succeed.
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Maina & 2 others v County Assembly of Kirinyaga. & 16 others (Constitutional Petition E020 of 2025) [2026] KEHC 3067 (KLR) (27 February 2026) (Judgment)
✦ The Petitioners' rights to fair administrative action and fair hearing were violated.
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Abdi & another v Cabinet Secretary for Interior and National Administration & 3 others (Constitutional Petition E020 of 2024) [2026] KEHC 2807 (KLR) (27 February 2026) (Judgment)
✦ The court found that the respondents did not conduct public participation before creating the impugned units and dismissed the petition.
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Estate Sonrisa Limited v Leperes & 2 others (Petition E557 of 2025) [2026] KEHC 2462 (KLR) (Constitutional and Human Rights) (27 February 2026) (Ruling)
✦ The petition is dismissed as the single judge was entitled to certify the petition ex parte as raising substantial questions of law and transmit it to the Chief Justice for empanelment.
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Omtatah & another v Officer Commanding Station (Busia) & 9 others & another (Constitutional Petition E002 of 2026) [2026] KEHC 2302 (KLR) (27 February 2026) (Ruling)
✦ The court did not grant the habeas corpus order or the alternative prayer. The petitioners were directed to present credentials or identification papers of Ahmed Mohamed Ibrahim.
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Hirbo & another v Inspector General of Police & 3 others (Petition E345 of 2025) [2026] KEHC 2155 (KLR) (Constitutional and Human Rights) (26 February 2026) (Judgment)
✦ The court finds the search and arrest unlawful and unconstitutional, and quashes the evidence obtained.
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Muthumba v Land Surveyors Board & 3 others (Petition E440 of 2023) [2026] KEHC 2645 (KLR) (Constitutional and Human Rights) (26 February 2026) (Judgment)
✦ The court dismissed the Amended Petition with costs, finding it encroaches on the National Assembly's legislative role under Article 94, the Petitioner failed to exhaust remedies under Article 119, the Petition does not rebut the presumption of constitutionality, and it is pleaded in breach of the Anarita Karimi specificity standard.
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Mirichu v Cabinet Secretary, Ministry of Agriculture & Livestock Development & 22 others (Petition E683 of 2025) [2026] KEHC 2138 (KLR) (Constitutional and Human Rights) (26 February 2026) (Ruling)
✦ The Court finds the preliminary objection meritorious and strikes out the petition.
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Gaitho & 6 others v Ruiru Sports Club & 4 others (Constitutional Petition E012 of 2025) [2026] KEHC 2567 (KLR) (26 February 2026) (Ruling)
✦ The Preliminary Objection succeeds and the suit is struck out.
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Mulandi v Attorney General & 2 others (Constitutional Petition E003 of 2025) [2026] KEHC 2416 (KLR) (26 February 2026) (Judgment)
✦ The court is functus olico and dismisses the petition as incompetent and want of jurisdiction.
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Mbaabu & another v Kenya National Union of Teachers & another (Employment and Labour Relations Constitutional Petition E001 of 2026) [2026] KEELRC 516 (KLR) (26 February 2026) (Ruling)
✦ The Court should grant the conservatory orders sought by the Applicants.
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Gentanye v Ministry of Health & 2 others (Constitutional Petition E001 of 2023) [2026] KEHC 2701 (KLR) (26 February 2026) (Judgment)
✦ The court dismissed the petition, finding that the Petitioner did not meet the constitutional threshold and that the Respondents did not violate his constitutional rights.
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Otiende v Sacco Societies Regulatory Authority & another (Petition E530 of 2021) [2026] KEHC 2141 (KLR) (Constitutional and Human Rights) (26 February 2026) (Judgment)
✦ The Court finds the Petitioner's subject petition moot and non-justiciable as the Petitioner's term as the Chairperson of the Interested Party ended by euxion of time in 2024.
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Safaricom Plc v Director of Criminal Investigations & 2 others; Musebe & 18 others (Interested Parties) (Petition E331 of 2023) [2026] KEHC 2214 (KLR) (Constitutional and Human Rights) (26 February 2026) (Judgment)
✦ The Petition is not premature and does not offend the doctrine of ripeness. The Respondents' decision to initiate an investigation into the Petitioner's employees was not motivated by malice. The investigation does not amount to a violation of the Petitioner's and Interested Parties' constitutional rights. The Petitioner and Interested Parties are entitled to the relief sought.
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Mudeyi & another v Central Bank of Kenya & 4 others (Constitutional Petition E001 of 2025) [2026] KEHC 2334 (KLR) (26 February 2026) (Ruling)
✦ The petition is withdrawn with no order as to costs.