Kenyan case law
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Angwenyi t/a Herzog Enterprises & 2 others v Kenya Revenue Authority & 2 others (Petition E137 & E216 of 2023 (Consolidated)) [2025] KEHC 18234 (KLR) (Constitutional and Human Rights) (27 November 2025) (Judgment)
✦ The Court dismisses the Petition as it does not disclose a reasonable cause of action against the 2nd Respondent, the Honorable Attorney General.
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Odhiambo (Suing on behalf of themselves and in the public interest under Art 22 and 258 of the Constitution) v Nairobi County Physical Land Use Planning Liason Committee & 3 others (Environment and Planning Petition E021 of 2025) [2025] KEELC 8298 (KLR) (27 November 2025) (Judgment)
✦ The Petition falls within the ambit of public interest litigation as contemplated under Articles 22 and 258 of the Constitution.
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Ndengu & 6 others (On Behalf of others) v County Public Service Board of Bungoma & 3 others (Constitutional Petition E005 of 2024) [2025] KEELRC 3378 (KLR) (27 November 2025) (Judgment)
✦ The petition is hereby denied and dismissed.
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WH & AT-H (Suing as Father and Mother and Next Friend) v Board of Management of International French School of Nairobi (Petition E325 of 2025) [2025] KEHC 18229 (KLR) (Constitutional and Human Rights) (27 November 2025) (Ruling)
✦ The Respondent's Notice of Preliminary Objection is not a valid Preliminary Objection as it requires factual inquiry and does not solely raise a pure point of law.
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Macharia & another v Inspector General of the National Police Service & 3 others (Petition E209 of 2023) [2025] KEHC 18230 (KLR) (Constitutional and Human Rights) (27 November 2025) (Judgment)
✦ The court will not interfere with the prosecutorial discretion of the DPP unless it is exercised unlawfully or in bad faith.
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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.
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Harry v University of Nairobi & another; Commission for University Education (Interested Party) (Constitutional Petition E022 of 2025) [2025] KEHC 18993 (KLR) (27 November 2025) (Judgment)
✦ The Petition lacks merit and fails in its entirety.
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Masinde v Attorney General & another; Kenya Sugar Board (Interested Party) (Constitutional Petition E013 of 2025) [2025] KEHC 17616 (KLR) (26 November 2025) (Ruling)
✦ A prima facie case is disclosed, there is real risk of prejudice to sugar farmers, public interest favours preserving the subject matter, and conservatory order is issued.
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Mukofu v Director of Public Prosecutions & 3 others (Constitutional Petition E007 of 2021) [2025] KEHC 17495 (KLR) (26 November 2025) (Judgment)
✦ The court finds that the criminal proceedings against the petitioner are not an abuse of process and that the petitioner's fundamental rights and freedoms have not been violated.
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Enukan & 72 others v Tullow Kenya BV & 2 others; National Environment Management Authority & another (Interested Parties); Kenya Legal and Ethical IssuesNational Environment Tribunal Work on Hiv & Aids (kELIN) & another (Amicus Curiae) (Environment and Land Constitutional Petition E001 of 2024) [2025] KEELC 8329 (KLR) (26 November 2025) (Ruling)
✦ The court dismisses the appeal and upholds the decision of the National Environment Tribunal.
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Kenya Pharmaceutical Association v Pharmacy and Poisons Board & another; Pharmaceutical Society of Kenya (Interested Party) (Petition E284 of 2024) [2025] KEHC 17154 (KLR) (Constitutional and Human Rights) (21 November 2025) (Judgment)
✦ The 1st respondent had the mandate to license pharmaceutical technologists to practice the pharmacy profession. The High Court had jurisdiction to hear and determine the claim. There was no violation of the rights to fair administrative action, equality and freedom from discrimination. The decision did not violate the right to the highest attainable standard of health.
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Kodomuk & 3 others v Director of Public Prosecutions & another (Constitutional Petition E008 of 2025) [2025] KEHC 16902 (KLR) (21 November 2025) (Ruling)
✦ The Notice of Preliminary Objection is upheld, and the Petition is struck out.
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Legal Advice Center t/a Kituo Cha Sherio v Safaricom Plc & 2 others; Law Society of Kenya & another (Interested Parties); Goodweek Inter-Services Limited (Proposed Interested Party) (Petition E456 of 2024) [2025] KEHC 16919 (KLR) (Constitutional and Human Rights) (20 November 2025) (Ruling)
✦ The Court finds that the Applicant lacks a proximate stake in the proceedings and dismisses the application with costs.
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Mohamed v Alio aka Ahmed Maalim Hassan aka Ali Barre Shetto & 2 others; United Progressive Alliance Party (Interested Party) (Petition E685 of 2025) [2025] KEHC 17008 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The Court finds that the Petitioner's rights were violated and grants the relief sought.
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Manasseh v Mediamax Network Limited & another (Constitutional Petition E014 of 2023) [2025] KEHC 16916 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The Court has jurisdiction to entertain the Constitutional Petition. The Respondents violated the Petitioner’s right to privacy under Article 31 of the Constitution. The Respondents violated the Petitioner’s right to human dignity under Article 28 of the Constitution. The Respondents violated the Petitioner’s right to property under Article 40 of the Constitution. The Petitioner is entitled to the reliefs sought.
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Kabui v Teacher Service Commission & 2 others (Petition E390 of 2024) [2025] KEHC 18026 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ Pension benefits are contingent accrued expectancies, not vested property rights, until a lawful exit occurs.
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Burudi & another v Independent Electoral and Boundaries Commission Dispute Resolution Committee Comprising of Commissioners Nderitu, and 2 others & 3 others (Petition E680 of 2025) [2025] KEHC 17009 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The Court found that the petitioners' claims were not justiciable as the issues had not crystallized enough for the court's intervention.
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Mwangi v County Government of Nyeri & 3 others (Constitutional Petition E004 of 2025) [2025] KEELRC 3262 (KLR) (20 November 2025) (Ruling)
✦ Court overrules preliminary objection and proceeds with the case.
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Manasseh v Mediamax Network Limited & another (Constitutional Petition E014 of 2023) [2025] KEHC 18025 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The court has jurisdiction to entertain the petition. The Respondents violated the Petitioner's right to privacy and human dignity. The Petitioner is entitled to the reliefs sought.
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Ali & another v Attorney General & 2 others; Pastoralist Parliamentary Group (PPG) (Interested Party) (Constitutional Petition E002 of 2025) [2025] KEHC 16983 (KLR) (20 November 2025) (Judgment)
✦ The court declares the cabinet resolutions unconstitutional and orders the respondents to take legislative and policy measures to restore NACONEK's budget.
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Ngumi v Ndegwa & another (Petition E135 of 2021) [2025] KEHC 18063 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The court found that the Petition does not raise any constitutional issues and that the Respondents did not violate the Petitioner's constitutional rights.
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Mwami v Nairobi City County Assembly Service Board & another (Constitutional Petition E231 of 2023) [2025] KEHC 18059 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The court held that the court has jurisdiction to entertain the petition and that the Petitioner's constitutional rights were violated.
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KM v Attorney General & 2 others (Petition E212 of 2024) [2025] KEHC 16981 (KLR) (Constitutional and Human Rights) (20 November 2025) (Ruling)
✦ The Court finds that the Petition raises substantial questions of law and certifies the matter for empanelment of an uneven Judge bench.
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GI & another v Aga Khan University Hospital (Petition 97 of 2019) [2025] KEHC 17010 (KLR) (Constitutional and Human Rights) (20 November 2025) (Judgment)
✦ The Court found that the Petitioners' delay in brieng the petition is not prejudicial to the Respondent, and the Petitioners are entitled to the relief sought.
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Huko & 28 others v Ministry of Lands and Settlement & another (Constitutional Petition E006 of 2024) [2025] KEELC 7968 (KLR) (19 November 2025) (Judgment)
✦ The court found that the Petitioners' constitutional rights were violated and ordered the government to restore the Petitioners to their land and compensate them for losses.