Kenyan case law

Roads and Civil Engineering Contractors Association & another v Attorney General & another; Public Procurement Administrative Review Board & another (Interested Parties) (Petition E226 of 2020) [2025] KEHC 19224 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The Regulations are unconstitutional due to lack of public participation and temporal constraints on the judiciary.

Ondiek (Suing as next friend and gurdians of minors JY and FA) v Retirement Benefits Appeal Tribunal & another; Rombo & another (Interested Parties) (Petition E463 of 2025) [2025] KEHC 18613 (KLR) (Constitutional and Human Rights) (4 December 2025) (Ruling)

✦ The Court finds that the Petition is incompetent due to lack of jurisdiction.

Sheria Mtaani v Judicial Service Commission & another (Petition E160 of 2023) [2025] KEHC 19213 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The Petitioner has the requisite Locus Standi to institute these proceedings.

Nyamwamu & 13 others v Ruto & 29 others (Constitutional Petition E356 of 2024) [2025] KEHC 19412 (KLR) (4 December 2025) (Ruling)

✦ The Court held that constitutional petitions are, more often than not, civil in nature and thus not subject to the limitation imposed by Article 143(2).

PAMM & 3 others v Shoprite Checkers Kenya Ltd; Attorney General (Interested Party) (Petition E004 of 2021) [2025] KEHC 18632 (KLR) (Constitutional and Human Rights) (4 December 2025) (Ruling)

✦ The reference was timely filed, and the taxing officer did not err in principle while taxing the Bill of Costs.

Aukot & 3 others v Registrar of Political Parties (Constitutional Petition E423 of 2023) [2025] KEHC 19210 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The Court held that Section 7(2)(a) of the Political Parties Act is unconstitutional and that the Court has jurisdiction to determine the instant issue.

Wachira v Disciplinary Tribunal Established under Advocates Act, 1989 (Petition E051 of 2024) [2025] KEHC 19214 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The Petition is misconceived and lacks merit, and is accordingly dismissed.

Dande v Capital Markets Authority & 2 others (Constitutional Petition E008 of 2023) [2025] KEHC 19212 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The court dismisses the petition based on the doctrine of res judicata.

Cytonn Investments Management PLC v Capital Markets Authority & 2 others (Constitutional Petition E009 of 2023) [2025] KEHC 19222 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The petition is dismissed with costs due to lack of merit and abuse of process.

Kingbros Kenya Limited & another v Nairobi City County Government & 2 others (Constitutional Petition E419 of 2024) [2025] KEHC 19211 (KLR) (Constitutional and Human Rights) (4 December 2025) (Judgment)

✦ The Court held that the impounding and detention of the vehicle was not lawful and constitutional, and the Respondents are not liable for the damage caused.

Omollo v Ministry of Interior and Co-ordination of the National Government & 4 others (Constitutional Petition E002 of 2024) [2025] KEHC 18171 (KLR) (4 December 2025) (Judgment)

✦ Petition dismissed

Were & 6 others v Ethics & Anti-Corruption Commission & 4 others; King Group Company Limited & 3 others (Interested Parties) (Constitutional Petition E543 of 2025) [2025] KEHC 19234 (KLR) (Constitutional and Human Rights) (3 December 2025) (Ruling)

✦ The Court finds the Respondent's Motion to Transfer without merit and dismisses it.

Mugane v Music Copyright Society of Kenya & another (Constitutional Petition E120 of 2025) [2025] KEHC 18583 (KLR) (Constitutional and Human Rights) (3 December 2025) (Ruling)

✦ The court denied the application to transfer the case, finding that the two cases have significant differences in their subject matter and that there is no real danger of conflicting final decisions.

Sime & 10 others v Attorney General & another; Independent Electoral & Boundaries Commission & another (Interested Parties) (Constitutional Petition E002 of 2024) [2025] KEHC 18133 (KLR) (3 December 2025) (Judgment)

✦ The 2nd Respondent had the mandate to relocate administrative boundaries, and there was sufficient public participation.

Chemao & 4 others v Cabinet Secretary, National Treasury and Economic Planning & 3 others; National Assembly (Interested Party) (Petition E577 of 2025) [2025] KEHC 18578 (KLR) (Constitutional and Human Rights) (3 December 2025) (Ruling)

✦ The petitioners' application for confirmation and extension of interim orders is granted.

Kibet & 5 others v Cheboi & 9 others (Constitutional Petition E005 of 2024) [2025] KEELC 8480 (KLR) (3 December 2025) (Ruling)

✦ The petition was not complex and was determined at a preliminary stage, so the taxation of costs was not justified. The reference is dismissed with costs.

Jogoo Road Uhuru Open Air Market Group & 6 others v Ag County Secretary and the Head of County Public Service; Nairobi City County & 4 others (Environment and Land Constitutional Petition E023 of 2025) [2025] KEELC 8393 (KLR) (3 December 2025) (Ruling)

✦ The Court finds that the development of the Jogoo Road Open Air market is in public interest and a priority, and the Petitioners have not met the threshold for grant of a conservatory order.

Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party) (Constitutional Petition E021 of 2025) [2025] KEHC 17989 (KLR) (2 December 2025) (Ruling)

✦ The court found that the applicants have not established sufficient grounds to warrant a review of the ruling.

Okoiti v Attorney General & 2 others; National Land Commission & 3 others (Interested Parties) (Petition E349 of 2021) [2025] KEHC 17900 (KLR) (Constitutional and Human Rights) (28 November 2025) (Judgment)

✦ The court declared the impugned provisions unconstitutional, while upholding section 15(10).

Ndegwa v Attorney General & 3 others; Public Procurement Regulatory Authority (Interested Party) (Constitutional Petition E001 of 2025) [2025] KEHC 17410 (KLR) (Anti-Corruption and Economic Crimes) (28 November 2025) (Judgment)

Kariuki (Suing as a member of and in the interest of a group of persons going by the name Eintreten Association) & 4 others v Mwangi & another (Constitutional Petition E009 of 2024) [2025] KEHC 17615 (KLR) (28 November 2025) (Judgment)

✦ The 1st respondent's affidavit was found to be incompetent. The petitioners had standing as associations made up of Kenyan citizens. The CAJ's order was final and binding, and the petitioners were estopped from re-litigating the merits.

Muhindi & another v Committee & 3 others; IEBC Vihiga Constituence (Interested Party) (Constitutional Petition E001 of 2023) [2025] KEHC 17602 (KLR) (27 November 2025) (Judgment)

✦ The Petition was not merited and was dismissed.

Wechuli v Republic (Constitutional Petition E716 of 2024) [2025] KEHC 18253 (KLR) (Constitutional and Human Rights) (27 November 2025) (Judgment)

✦ The life sentence is unconstitutional as it violates the Petitioner's right to dignity and the principle of proportionality in sentencing.

Mbori v Republic (Constitutional Petition E236 of 2025) [2025] KEHC 18254 (KLR) (Constitutional and Human Rights) (27 November 2025) (Judgment)

✦ The Petitioner's petition is not merited as the Court of Appeal's decision is final and the High Court cannot re-examine the legality of the sentence.

Kira v Kenya National Highways Authority (Constitutional Petition E063 of 2021) [2025] KEELRC 3435 (KLR) (27 November 2025) (Judgment)

✦ The Petitioner’s employment was unfairly terminated