Kenyan case law
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Gitau v Attorney General & 2 others (Petition E085 of 2024) [2025] KEHC 11911 (KLR) (Constitutional and Human Rights) (13 August 2025) (Judgment)
✦ The High Court has jurisdiction to entertain the petition.
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Kanyotu v Director of Public Prosecution & another; Marriot Africa International Limited (Interested Party) (Petition E286 of 2023) [2025] KEHC 12494 (KLR) (Constitutional and Human Rights) (13 August 2025) (Judgment)
✦ The Court held that the DPP's decision to decline prosecution was not an abuse of the legal process and was made in the public interest and administration of justice.
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Mwangi & 13 others v In-Charge National Police Traffic & another; Attorney-General (Interested Party) (Miscellaneous Petition 007 of 2025) [2025] KEHC 12264 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The Court found that the Petition meets the threshold for a constitutional petition and that the conduct of the 1st and 2nd Respondents violated the Petitioners' Constitutional rights. However, the Court did not find that the removal and withholding of the Petitioners’ vehicle identification number plates was unlawful, arbitrary, or amounted to administrative action in violation of the Constitution.
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Law Society of Kenya & another v Director of Criminal Investigations & 2 others (Petition E015 of 2025) [2025] KEHC 12504 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The Court held that the arrest and prosecution of the 2nd Petitioner were not justified and amounted to an abuse of legal process.
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Murayi alias Jamal v Nation Media Group Limited & 6 others (Constitutional Petition E666 of 2024) [2025] KEHC 12289 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The court declines to hear the Petition as it does not comply with the constitutional and legal requirements for a Constitutional Petition.
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Asiya v Ministry of Interior and Coordination of National Government & 3 others (Constitutional Petition 079 of 2024) [2025] KEHC 12480 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The visa waiver agreement does not compromise Kenya’s sovereignty nor curtail the application of Kenya’s immigration laws.
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Arunda v Office of the Data Protection Commissioner & another; Data Privacy and Governance Socciety of Kenya (Interested Party) (Constitutional Petition E010 of 2025) [2025] KEHC 12262 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ This Court finds that while Article 23(1) confers original jurisdiction upon the High Court to redress violations of the Bill of Rights, not every dispute involving a constitutional right must necessarily originate in the High Court.
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Githaiga v Director of Public Prosecutions & 2 others; Seraph Engineering Limited & another (Interested Parties) (Constitutional Petition E584 of 2024) [2025] KEHC 12290 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The court found that the Petitioner did not demonstrate that the decision to prosecute her was against public interest, did not further the interest of the administration of justice, or was an abuse of the legal process.
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Gikenyi B. & another v National Assembly & 6 others; Public Service Commission (Interested Party) (Petition E018 of 2025) [2025] KEHC 12276 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The Court finds that the appointments did not exceed the maximum number of commissioners allowed under Article 233(2) of the Constitution, and that the Petitioners have not satisfied the legal and evidentiary threshold to warrant the grant of declaratory, judicial review, and injunctive reliefs.
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Njeri v Kiambu National Polytechnic & 2 others; Kenya National Examination Council & another (Interested Parties) (Constitutional Petition E329 of 2024) [2025] KEHC 12265 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The court found that the Respondents' actions were not in violation of the Petitioner's rights and that the decision to suspend students was procedurally fair and reasonable.
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Echom v Attorney General & another (Constitutional Petition E238 of 2024) [2025] KEHC 12275 (KLR) (Constitutional and Human Rights) (12 August 2025) (Judgment)
✦ The petition is res judicata and is hereby dismissed.
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Kibias v Muyesu & 4 others (Constitutional Petition E004 of 2025) [2025] KEHC 11920 (KLR) (11 August 2025) (Ruling)
✦ The court finds that the constitutional petition meets the requisite threshold for constitutional adjudication and that the reliefs sought are justifiable under the constitutional framework.
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Thuo v Kenya National Highways Authority & 3 others (Constitutional Petition E014 of 2022) [2025] KEHC 11967 (KLR) (11 August 2025) (Judgment)
✦ The court declared that the petitioner's constitutional rights were violated through the detention of his motor vehicle registration number KCJ 132U and subsequent criminal proceedings against his driver.
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Kapsowar Shuttle Savings and Credit Co-operative Society Limited v County Government of Uasin Gishu & another (Constitutional Petition E025 of 2022) [2025] KEHC 11970 (KLR) (11 August 2025) (Judgment)
✦ The Petition is dismissed as it does not meet the basic threshold for a constitutional petition.
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Gikenyi & 3 others v National Health Insurance Fund Pending Medical Claims Verification Committee & 23 others (Constitutional Petition E011 of 2025) [2025] KEHC 11906 (KLR) (11 August 2025) (Judgment)
✦ The Committee's Terms of Reference are unconstitutional and the Committee's actions are null and void.
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Mutuku & another v Governor, County Government of Makueni & 2 others (Constitutional Petition E003 of 2024) [2025] KEHC 12038 (KLR) (11 August 2025) (Judgment)
✦ The court found that the appointment of board members did not violate constitutional or statutory requirements and declined the petition.
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Aoko & another v County Government of Uasin Gishu & 8 others (Constitutional Petition E008 of 2023) [2025] KEHC 11801 (KLR) (7 August 2025) (Ruling)
✦ The court declared the nomination process unconstitutional and null and void, ordered the 1st and 2nd Respondents to prepare, schedule, and conduct fresh nominations, and prohibited the 1st and 2nd Respondents and their agents from vetting, appointing, and swearing the 3rd to 9th Respondents.
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Mwaura & 5 others v County Assemby of Kiambu & 3 others; Wacera & 14 others (Interested Parties) (Constitutional Petition E049 & E050 of 2024 (Consolidated)) [2025] KEHC 11694 (KLR) (1 August 2025) (Judgment)
✦ The proposed amendment is unconstitutional as it excludes nominated members from voting on questions affecting wards and money bills, contrary to the Constitution.
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Otieno & another v Director of Public Prosecution, Siaya & another (Constitutional Petition E003 of 2024) [2025] KEHC 11519 (KLR) (1 August 2025) (Judgment)
✦ The withdrawal of the criminal case was unconstitutional as it violated the Petitioners' right to fair trial and infringed on their constitutional rights.
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Okwama v Milestone Gaming Limited & 3 others; National Assembly (Interested Party) (Constitutional Petition E016 of 2023) [2025] KEHC 11932 (KLR) (31 July 2025) (Judgment)
✦ The petition has no merit.
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East Africa Tour Guides Association & 2 others v County Government of Narok & another (Constitutional Petition E008 of 2023) [2025] KEHC 11777 (KLR) (31 July 2025) (Judgment)
✦ The petition is dismissed as the petitioners failed to demonstrate sufficient public participation and the 12-hour rule was superseded by a new Finance Act.
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Mulla Pride Limited v Office of the Data Protection Commissioner (Petition E420 of 2023) [2025] KEHC 11287 (KLR) (Constitutional and Human Rights) (31 July 2025) (Judgment)
✦ The court found the petition properly before the court and allowed the petition.
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Endarasha Farmers Cooperative Society Limited v Commissioner for Co-operative Development & 11 others (Environment and Land Constitutional Petition E002 of 2023) [2025] KEELC 5654 (KLR) (31 July 2025) (Ruling)
✦ The Motion is dismissed with costs to the 4th and 7th Respondents
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Muraya v Chief Officer Health Services, Nakuru County & 2 others (Constitutional Petition E009 of 2025) [2025] KEHC 11575 (KLR) (31 July 2025) (Ruling)
✦ The court declines to grant the mandatory injunction at this interlocutory stage.
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Yegon (Suing as the Administrator of the Estate of Kipyegon Arap Kirui - Deceased) v Ekaterra Tea Company Limited (Formerly Kenya/Unilever Tea Kenya Ltd) & 2 others (Environment and Land Constitutional Petition E002 of 2022) [2025] KEELC 5694 (KLR) (31 July 2025) (Judgment)
✦ Petition dismissed