Kenyan case law
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Mwalagho & 243 others v County Government of Taita Taveta (Constitutional Petition E008 of 2025) [2026] KEELC 41 (KLR) (14 January 2026) (Judgment)
✦ The court found that the petitioners did not demonstrate ownership of any space or stalls at the Voi Upper Market and that there was no evidence of approval for the construction of permanent structures. The court also found that there was no adequate public participation in the planning process.
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Dak v Eldoret College of Professional Studies & another; Equity Bank of Kenya Limited (Garnishee) (Constitutional Petition 13 of 2020) [2026] KEHC 7 (KLR) (7 January 2026) (Ruling)
✦ The court granted the garnishee order nisi, directing the garnishee to pay Aloo Romanus & Company Advocates the sum of Kshs 1,179,280 together with costs of the application.
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Masaa v Cabinet Secretary, Ministry of Tourism and Wildlife & 5 others; Amboseli Conservation Program & 4 others (Interested Parties) (Constitutional Petition E737 of 2025) [2025] KEHC 19235 (KLR) (Constitutional and Human Rights) (30 December 2025) (Ruling)
✦ The Court finds the Preliminary Objection without merit and dismisses it. It issues conservatory orders to suspend and restore the status quo.
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Ominde & another v County Government of Vihiga & 2 others; Mmbwanga (Suing as the Legal Representative of the Estate of Paul Nabwanga (Deceased)) (Interested Party) (Environment and Land Constitutional Petition E001 of 2025) [2025] KEELC 18569 (KLR) (23 December 2025) (Ruling)
✦ The application is dismissed as the applicants have failed to prove contempt of court against the respondents and/or the cited officers to the required degree.
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IMM (Suing as the Next Friend and Mother of VZ) v Board of Management, St Stephen's Lwanya Girls’ Secondary School & 2 others (Constitutional Petition E003 of 2025) [2025] KEHC 19170 (KLR) (22 December 2025) (Judgment)
✦ The petition is dismissed as moot due to the re-admission of the petitioner's daughter.
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Butende v Energy and Petroleum Regulatory Authority & 3 others (Petition 11 of 2023) [2025] KEHC 19312 (KLR) (Constitutional and Human Rights) (22 December 2025) (Judgment)
✦ The petition lacks merit and the application is dismissed.
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Okoiti v Prime Cabinet Secretary And Cabinet For Foreign and Diaspora Affairs & 3 others (Petition E816 of 2025) [2025] KEHC 18939 (KLR) (Constitutional and Human Rights) (19 December 2025) (Ruling)
✦ The court should not grant conservatory orders as the Framework has not been implemented and is a non-binding legal instrument.
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Mumias West Health Care v County Government of Kakamega; Rural & Urban Private Hospitals Association of Kenya (Interested Party) (Constitutional Petition E017 of 2024) [2025] KEHC 18921 (KLR) (19 December 2025) (Ruling)
✦ This Court declines to refer the Petition to a three-judge bench, finding that the issues raised are not novel or irreconcilably conflicted and that several courts have rendered decisions favourable to the Interested Party's members and other private healthcare providers.
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Wambua v Board of Management Litein Boys High School & 5 others (Constitutional Petition E13 of 2025) [2025] KEHC 19132 (KLR) (19 December 2025) (Judgment)
✦ The Petition is dismissed as without merit.
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Maiyo & another v Attorney General & 6 others (Constitutional Petition 17 of 2022) [2025] KEHC 19093 (KLR) (19 December 2025) (Judgment)
✦ The Petition is properly before the court despite the failure to file an affidavit, as the Mutunga Rules allow for oral applications and do not mandate an affidavit.
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Road Safety Association of Kenya Through Chairman David Kiarie v National Transport and Safety Authority & 2 others (Constitutional Petition E021 of 2025) [2025] KEHC 18640 (KLR) (18 December 2025) (Ruling)
✦ The Court finds the Petitioner's application not merited and notes that public safety concern is being addressed by the NCAJ.
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Sila & 6 others v International Centre for Insect Physiology and Ecology (ICIPE) & 2 others (Constitutional Petition E001 of 2021) [2025] KEELC 18575 (KLR) (18 December 2025) (Ruling)
✦ The application is dismissed in its entirety with costs to the Petitioners.
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Hammerkop Migration Camp Limited v Maasai Mara Conservancy & another (Environment and Land Constitutional Petition E012 of 2025) [2025] KEELC 18479 (KLR) (18 December 2025) (Ruling)
✦ The court finds and holds that the lease in issue is not a controlled tenancy and the Preliminary Objection is not merited.
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Lubengu v Judicial Service Commission & another; Ojiambo t/a Acorn Law Advocates LLP (Interested Party) (Constitutional Petition E110 of 2025) [2025] KEHC 18839 (KLR) (Constitutional and Human Rights) (18 December 2025) (Judgment)
✦ The Court finds that the JSC has not failed to enact rules of procedure, as Section 47 of the Judicial Service Act provides for regulations and the Commission may make regulations for the better carrying out of the purposes of the Act.
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Siri Guru Singh Sabha Kisumu Trustees Registered, A registered Trust under the Trustees (Perpetual Succession) Act, Suing through its authorized Representative Prithpal Pandhal & 3 others (Suing on their own Behalf, on Behalf of other Landlords and Tenants along Ang’awa Street, Kisumu and in the Public Interest) v County Government of Kisumu & 2 others (Constitutional Petition E003 of 2025) [2025] KEELC 18476 (KLR) (18 December 2025) (Ruling)
✦ The application is dismissed as it lacks merit and no order as to costs is made.
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Musya v Hornbill Pub Limited (Constitutional Petition E004 of 2023) [2025] KEHC 19147 (KLR) (18 December 2025) (Ruling)
✦ The Court finds that the ex parte judgment should not be set aside, reviewed, or varied.
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Network for Adolescents and Youth of Africa & another v Attorney General & 4 others; Kenya Conference of Catholic Bishops (KCCB) & 7 others (Interested Parties); Women’s Link Worldwide & another (Amicus Curiae) (Petition 428 of 2018) [2025] KEHC 19048 (KLR) (Constitutional and Human Rights) (18 December 2025) (Judgment)
✦ The court declared the decisions made by the Kenya Film Classification Board, Medical Practitioners and Dentists Board, and Director of Medical Services as unconstitutional, illegal, null and void.
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Okoiti v Independent Electoral and Boundaries Commission (IEBC) & 4 others; Katiba Institute (Interested Party) (Constitutional Petition E757 of 2025) [2025] KEHC 18619 (KLR) (Constitutional and Human Rights) (18 December 2025) (Ruling)
✦ The Court declines to certify the matter under Article 165(4) and the Petition and any interlocutory matters shall proceed before a single-judge.
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Langat v Ministry of Agriculture and Livestock Development & 5 others (Constitutional Petition E299 of 2025) [2025] KEHC 19236 (KLR) (Constitutional and Human Rights) (18 December 2025) (Ruling)
✦ The Court finds that the application dated 19th May 2025 is not barred by the doctrine of res judicata.
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Sempeyo & 3 others v Lemanyi & 9 others; County Government of Kajiado (Interested Party) (Constitutional Petition E005 of 2024) [2025] KEELC 18598 (KLR) (18 December 2025) (Ruling)
✦ The Preliminary Objection is misconceived and lacks merit
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Muthama v Hornbill Pub Limited (Constitutional Petition E005 of 2023) [2025] KEHC 19007 (KLR) (18 December 2025) (Ruling)
✦ The Court finds that the appearance of M/s J. K. Gataguta & Co. is not incompetent due to the absence of a factual basis for Order 9 Rule 9's application.
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Shaz Ventures Limited & 3 others v Kenya Plant Health Inspectorate Service & another (Constitutional Petition E627 of 2024) [2025] KEHC 19285 (KLR) (Constitutional and Human Rights) (17 December 2025) (Judgment)
✦ The Court finds that the Petition meets the minimum threshold of precision and the fee increase was illegal, ultra vires, and unconstitutional.
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Warsame v Director of Immigration Services (Through Attorney General) (Petition E479 of 2023) [2025] KEHC 19338 (KLR) (Constitutional and Human Rights) (17 December 2025) (Judgment)
✦ The Court finds the Petition meets the threshold for a constitutional Petition and that the Petitioner has not failed to exhaust the internal remedy. The Court orders the issuance of a work permit.
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Ngei v Teachers Service Commission (Constitutional Petition E007 of 2024) [2025] KEELRC 3732 (KLR) (17 December 2025) (Judgment)
✦ The court found no constructive dismissal and denied the Petitioner's claims of constitutional violations.
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Kenya County Government Workers Union v County Government of Kitui & another (Constitutional Petition E003 of 2024) [2025] KEELRC 3735 (KLR) (17 December 2025) (Judgment)
✦ The court held that the petition with respect to 81 members of the petitioner whose salaries were reduced unilaterally merited, and the claim of unfair dismissal by 9 members was not met with the constitutional threshold and is referred to the Public Service Commission.