Kenyan case law
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Njogu v Attorney General & another (Constitutional Petition E043 of 2024) [2025] KEHC 301 (KLR) (24 January 2025) (Judgment)
✦ The Court found that the composition of the nominees did not offend Articles 10 and 54(2) of the Constitution and that the nomination process was in accordance with the Act.
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Law Society of Kenya & 3 others v Inspector General of Police & 4 others (Constitutional Petition E009 of 2025) [2025] KEHC 236 (KLR) (Constitutional and Human Rights) (23 January 2025) (Ruling)
✦ The application is declined and dismissed. The orders were intended to uphold, protect, and defend the constitution and enforce the Bill of Rights.
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Chepngeny & another v Political Parties Disputes Tribunal & 3 others; Devolution Empowerment Party & another (Interested Parties) (Constitutional Petition E009 of 2024) [2025] KEHC 239 (KLR) (23 January 2025) (Ruling)
✦ The court dismissed the petitioners' appeal and upheld the orders of the Political Parties Disputes Tribunal.
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Kenya Human Rights Commission v County Government of Makueni & 21 others; Council of Governors & 3 others (Interested Parties) (Constitutional Petition E006 of 2024) [2025] KEHC 2196 (KLR) (23 January 2025) (Judgment)
✦ The failure to allocate 30% of budgets to development expenditure over the medium term is unconstitutional.
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Mahinda v National Transport and Safety Authority; Director of Criminal Investigation (Interested Party) (Miscellaneous Petition E032 of 2024) [2025] KEHC 3273 (KLR) (Constitutional and Human Rights) (23 January 2025) (Judgment)
✦ Petitioner is the legal, bona fide, and registered owner of KAR 866Z as of 12th September 2005
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Awino v National Assembly & another; Kemei (Interested Party) (Constitutional Petition E460 of 2024) [2025] KEHC 9714 (KLR) (Constitutional and Human Rights) (23 January 2025) (Ruling)
✦ The court lacks jurisdiction to entertain the suit due to the exhaustion of the process before coming to court.
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Gateria v Embu County Government & 3 others; County Assembly of Embu & another (Interested Parties) (Constitutional Petition 5 of 2015) [2025] KEELRC 57 (KLR) (23 January 2025) (Ruling)
✦ The court dismissed the application to set aside the consent order, finding that the petitioner did not prove any elements that would vitiate the consent order.
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Abdullahi v Director of Public Prosecutions & 5 others (Constitutional Petition E021 of 2024) [2025] KEHC 703 (KLR) (23 January 2025) (Ruling)
✦ The court grants the stay of proceedings in the criminal case pending the hearing and determination of the petition.
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Wafula v Safaricom Ltd & 4 others (Petition E362 of 2020) [2025] KEHC 229 (KLR) (Constitutional and Human Rights) (22 January 2025) (Judgment)
✦ The Court dismisses the petition, holding that the doctrine of exhaustion applies and that the Petitioner has not exhausted other statutory and constitutional remedies.
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Osho Chemicals Industries Limited v Attorney General & 2 others; Mitchell Cotts (K) Limited & 3 others (Interested Parties) (Petition E202 of 2022) [2025] KEHC 210 (KLR) (Constitutional and Human Rights) (22 January 2025) (Judgment)
✦ The Court declined to exercise jurisdiction due to the doctrine of exhaustion of remedies, as the Petitioner did not exhaust available dispute resolution mechanisms.
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Mutuma & another v Inspector General of Police & 4 others; Bytech Savanna Ltd & another (Interested Parties) (Petition E439 of 2022) [2025] KEHC 212 (KLR) (Constitutional and Human Rights) (22 January 2025) (Judgment)
✦ The Petitioners' rights under Articles 10(1)(2), 232(1)(2), 244 and 245(2)(b) of the Constitution were violated by the Respondents.
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Motiga v Lugalia & 4 others (Petition E328 of 2023) [2025] KEHC 275 (KLR) (Constitutional and Human Rights) (22 January 2025) (Ruling)
✦ The petition is struck out with costs to the 2nd, 3rd, 4th, and 5th Respondents.
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Board of Management, Ngara Girls High School & another v Erdemann Property Limited & another; Ministry of Education (Interested Party) (Constitutional Petition E066 of 2024) [2025] KEELC 95 (KLR) (21 January 2025) (Ruling)
✦ A conservatory order is issued suspending the operations of Erdemann Property Limited on the suit property pending the hearing and determination of the petition.
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Barnabas East Africa v County Government of Mombasa & 2 others (Constitutional Petition 29 of 2022) [2025] KEELC 42 (KLR) (17 January 2025) (Ruling)
✦ The application is dismissed in its entirety for the 2nd April application, but the 3rd April application is allowed with certain conditions.
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Thuo v Kenya National Highways Authority & 3 others (Constitutional Petition E251 of 2022) [2025] KEHC 48 (KLR) (Constitutional and Human Rights) (15 January 2025) (Judgment)
✦ The Court found the impoundment of the Petitioner’s motor vehicles to be legal and constitutional, and denied the Petitioner’s request for an order of mandamus.
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Orwoba v Attorney General & 4 others (Petition 2 of 2024) [2025] KEHC 49 (KLR) (Constitutional and Human Rights) (15 January 2025) (Judgment)
✦ The Court held that the exercise of the power to check and balance other arms of government does not permit an arm of government to usurp or meddle with the mandate or function of another arm.
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Wachira & another v Director - Super Metro Sacco & 10 others (Petition E538 of 2022) [2025] KEHC 56 (KLR) (Constitutional and Human Rights) (15 January 2025) (Judgment)
✦ The Court found the Petition barred by the doctrine of Constitutional avoidance and dismissed the Petition.
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Ayuma & 11 others v Trustees of the Kenya Railways Staff Retirement Benefits Corporation & 2 others; Kothari (Interested Party); Rift Valley Railways Workers Union (K) (Intended Petitioner) (Petition 65 of 2010) [2025] KEHC 5 (KLR) (Constitutional and Human Rights) (9 January 2025) (Ruling)
✦ The application is dismissed as the applicant has not demonstrated a proximate interest in the suit property and has not explained the inordinate delay in bringing up the application.
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Kenya National Commission on Human Rights & 2 others v Attorney General; Director of Public Prosecutions & 3 others (Interested Parties); Law Society of Kenya (Amicus Curiae) (Constitutional Petition E045 of 2022) [2025] KEHC 6 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment)
✦ The High Court had jurisdiction to determine the matter. The petitioners are entitled to reliefs sought.
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Maina & 3 others v Shoprite Checkers Kenya Ltd; Attorney General (Interested Party) (Petition E004 of 2021) [2025] KEHC 10 (KLR) (Constitutional and Human Rights) (9 January 2025) (Ruling)
✦ The Court dismissed the Application for Conservatory Orders and Review Order.
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Okoiti v National Transport and Safety Authority & 6 others (Petition E463 of 2022) [2025] KEHC 13 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment)
✦ The Court found that the Petition did not invoke the Doctrine of exhaustion and that the Petitioner is entitled to the reliefs sought.
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Kenya Human Rights Commission & another v Chebukati & 2 others (Petition E400 of 2022) [2025] KEHC 8 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment)
✦ The IEBC is not required to keep the results of all Forms 34A & 34B in relation to the Presidential elections permanently accessible on a public portal after the conclusion of the elections.
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Okoiti v Cabinet Secretary, Ministry of Interior and Co-ordination of National Government & 4 others (Petition E261 of 2020) [2025] KEHC 11 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment)
✦ The Court found that the Petition did not invoke the Doctrine of exhaustion and that the tender met the statutory and constitutional legal threshold.
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Kenya Human Rights Commission & 4 others v Independent Electoral & Boundaries Commission & 3 others; National Council for Persons with Disability & another (Interested Parties) (Petition E454 of 2022) [2024] KEHC 16497 (KLR) (Constitutional and Human Rights) (31 December 2024) (Judgment)
✦ Section 36 (8) of the Elections Act is unconstitutional.
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Okoiti v Clerk of the National Assembly (Petition E373 of 2023) [2024] KEHC 16468 (KLR) (Constitutional and Human Rights) (31 December 2024) (Ruling)
✦ The Court finds the Preliminary Objection meritorious and dismisses the Petition.