Kenyan case law
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Khaemba v Inspector General of Police & 2 others (Constitutional Petition E002 of 2024) [2025] KEHC 11616 (KLR) (30 July 2025) (Judgment)
✦ The Court finds that the Petitioner has not pleaded with the specificity required by law the details of how the rights have been violated and the extent of the violation.
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JE & 72 others v Tullow Kenya BV & 2 others; National Environment Management Authority & another (Interested Parties); Kenya Legal and Ethical Issues Network on Hiv & Aids (KELIN) & another (Amicus Curiae) (Environment and Land Constitutional Petition E001 of 2024) [2025] KEELC 5917 (KLR) (30 July 2025) (Ruling)
✦ The court does not find the matter to satisfy the constitutional and legal standards for the empanelment of a bench.
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Mundia v Kenya Copyright Board & 5 others; Kenya Dental Association & 6 others (Interested Parties) (Petition E076 of 2024) [2025] KEHC 11144 (KLR) (Constitutional and Human Rights) (29 July 2025) (Judgment)
✦ The impugned legal notice was declared unconstitutional for lack of public participation.
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Wambugu (Formerly Practicing as PM Wamae and Company Advocates) v Nganga & another; Director of Public Prosecutions & 2 others (Interested Parties) (Petition E340 of 2020) [2025] KEHC 11147 (KLR) (Constitutional and Human Rights) (29 July 2025) (Judgment)
✦ The petition is declined and dismissed.
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Sombesha v Land Adjudication and Settlement Officer, Trans Mara/West District & 3 others; Roiko & another (Interested Parties) (Constitutional Petition 381 of 2017) [2025] KEELC 5585 (KLR) (25 July 2025) (Judgment)
✦ The Court finds that the proceedings adhered to the provisions of the Land Adjudication Act and respected the principles of natural justice.
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Bandika & another v Director of Criminal Investigtions, Kwale County & another (Constitutional Petition 12 of 2022) [2025] KEHC 18720 (KLR) (25 July 2025) (Judgment)
✦ The petition is dismissed as there is no merit in it.
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Ndegwa v Kenya Deposit Insurance Corporation & 3 others (Petition E560 of 2024) [2025] KEHC 10775 (KLR) (Constitutional and Human Rights) (24 July 2025) (Judgment)
✦ The Court found the Petition did not meet the constitutional threshold due to lack of precision in pleading.
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Gathomi v Attorney General & 4 others (Constitutional Petition 6B of 2019) [2025] KEHC 10876 (KLR) (24 July 2025) (Judgment)
✦ The Court finds that the Petition has merit and allows it, issuing declarations and awarding general damages.
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Owour v Olang’o & 7 others (Constitutional Petition E002 of 2021) [2025] KEHC 11279 (KLR) (24 July 2025) (Judgment)
✦ Petition dismissed with no orders as to costs
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Our Open Market Limited v Central Bank of Kenya (Constitutional Petition E300 of 2022) [2025] KEHC 10810 (KLR) (Constitutional and Human Rights) (24 July 2025) (Ruling)
✦ The court orders the file to be placed before the Presiding Judge of the Division for re-allocation and further directions.
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Njiru v Governor Embu County & 3 others; Mubothi (Interested Party) (Constitutional Petition E001 of 2023) [2025] KEHC 10973 (KLR) (24 July 2025) (Ruling)
✦ The petition is dismissed and the application for extension of time to file a reference from the decision of the taxing master is granted.
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MSA (A Minor suing through her Mother and next friend SAA v Principal, the Ark Angels Kanyueri High School & another (Constitutional Petition E004 of 2024) [2025] KEHC 11168 (KLR) (23 July 2025) (Judgment)
✦ The court declared the respondents' actions unconstitutional, unprocedural, and wrongful.
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Kenya Chambers of Commerce and Industry v Cabinet Secretary, Ministry of Interior & Coordination of National Government & 2 others (Constitutional Petition E003 of 2024) [2025] KEHC 11133 (KLR) (22 July 2025) (Judgment)
✦ The petition is dismissed as lacking merit.
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Kimanthi v Attorney General & another (Constitutional Petition 2 of 2024) [2025] KEHC 11098 (KLR) (22 July 2025) (Judgment)
✦ Sections 14 and 21 of the Statutory Instruments Act are declared unconstitutional.
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Benjamin v Attorney General & 4 others; National Council of Churches of Kenya & 3 others (Interested Parties) (Petition E001 of 2024) [2025] KEHC 11106 (KLR) (Constitutional and Human Rights) (22 July 2025) (Judgment)
✦ The petition is not sub judice, and the impugned sections are not unconstitutional.
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Achieng & 2 others v Cabinet Secretary, Ministry of Interior and Coordination of Government & 2 others (Petition E404 of 2023) [2025] KEHC 10658 (KLR) (Constitutional and Human Rights) (18 July 2025) (Judgment)
✦ The court found that there was no lawful reason for Mr. Ekunpa's removal from Kenya, and the respondents acted outside the law.
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Kundu & another v Office of the Director of Public Prosecutions & 2 others (Constitutional Petition E002 of 2024) [2025] KEHC 10952 (KLR) (18 July 2025) (Judgment)
✦ The arrest was arbitrary and unlawful, and the petitioners are entitled to a declaration that their rights have been violated.
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Gwiyanga & 255 others v Human Resource Management Professionals Examinations Board (HRMPEB) (Petition E201 of 2024) [2025] KEHC 10560 (KLR) (Constitutional and Human Rights) (18 July 2025) (Judgment)
✦ The petition is not res judicata and the impugned actions violate the Constitution and rights and freedoms guaranteed in the Bill of Rights.
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Katiba Institute v Communications Authority of Kenya & 2 others; Data Privacy and Governance Society of Kenya & 3 others (Interested Parties); Ideate Policy Africa Limited (ITPA) (Amicus Curiae) (Petition E647 of 2024) [2025] KEHC 10568 (KLR) (Constitutional and Human Rights) (18 July 2025) (Judgment)
✦ The court held that the IMEI number being the digital fingerprint of the device, became personal data as soon as it was associated with a person and it was thus personal data which required protection under article 31 of the Constitution on the right to privacy. The court further held that the notices were a threat to the right to privacy and therefore violated the Constitution and the Data Protection Act.
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Ouma & another v Orengo & 11 others (Constitutional Petition E007 of 2022) [2025] KEHC 10363 (KLR) (18 July 2025) (Judgment)
✦ The Court found that the County Assembly did not comply with the requirements of the Public Appointment (County Assemblies Approvals) Act, 2017.
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Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party) (Constitutional Petition E021 of 2025) [2025] KEHC 10457 (KLR) (18 July 2025) (Ruling)
✦ The petition and application are dismissed for want of jurisdiction and for offending the doctrine of res judicata.
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Kaiti v OCS Kakamega Police Station & another (Constitutional Petition E004 of 2024) [2025] KEHC 10610 (KLR) (17 July 2025) (Judgment)
✦ There is a conflict between the National Alcoholic Drinks Control Act, 2010 and the Kakamega County Alcoholic Drinks Control Act, 2014 regarding the distance of liquor licensed premises from a learning institution of minors.
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Erdermann Property Limited v London Distillers (K) Limited (Constitutional Petition 43 of 2019) [2025] KEHC 10505 (KLR) (17 July 2025) (Ruling)
✦ The reference is partially successful with respect to the award of instruction fees in the applicant's party-to-party bill of costs dated 28th September 2023, which is set aside and replaced with an award of Kshs.50,000.00. Each party shall bear their own costs.
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Keny & 7 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 4 others (Environment and Land Constitutional Petition 6 of 2017 & Constitutional Petition 5 of 2017 (Consolidated)) [2025] KEELC 5370 (KLR) (17 July 2025) (Ruling)
✦ The court declared that the Petitioners' rights have been violated and directed the National Land Commission to identify and open a register of Ogiek community members and identify land for resettlement.
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Haki Na Sheria Initiative & 2 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 5 others; Global Strategic Litigation Council for Refugee Rights (Amicus Curiae); Katiba Institute & 2 others (Interested Parties) (Constitutional Petition E011 of 2022 & E001 of 2023 (Consolidated)) [2025] KEHC 10567 (KLR) (17 July 2025) (Judgment)
✦ KCIA section 11 is inconsistent with article 15(1) of the constitution.