Kenyan case law
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Masha v Office of the Director of Public Prosecution & 2 others (Constitutional Petition E013 of 2021) [2024] KEHC 15982 (KLR) (17 December 2024) (Ruling)
✦ The Court allowed the prayer c and d of the application, allowing the Petitioner to pay the Respondent costs of Kshs. 20,000/= within 14 days from the date hereof, failure to which the interest on the said sum will accrue monthly at court's rate.
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Rama & 27 others v Inspector General of National Police Service & 2 others (Constitutional Petition E004 of 2024) [2024] KEELC 13833 (KLR) (16 December 2024) (Ruling)
✦ The ELC has jurisdiction to hear constitutional violations related to the environment and land use, but not to supervise other coordinate courts or subordinate courts.
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EBN v Republic (Constitutional Petition E005 of 2024) [2024] KEHC 16615 (KLR) (16 December 2024) (Ruling)
✦ Application is dismissed
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Kadenge v Land Registrar, Kilifi Land Registry (Constitutional Petition 21 of 2022) [2024] KEELC 13821 (KLR) (16 December 2024) (Ruling)
✦ The application for dismissal of the petition for want of prosecution is declined
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Kaniu v Family Bank Limited; Central Bank of Kenya & another (Interested Parties) (Petition E342 of 2023) [2024] KEHC 15767 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The Court has jurisdiction to entertain the suit.
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Chamao & 2 others v Ichung’wah & 13 others; Independent Electoral and Boundaries Commission & 2 others (Interested Parties) (Petition E371 of 2023) [2024] KEHC 15727 (KLR) (Constitutional and Human Rights) (13 December 2024) (Ruling)
✦ The Court upholds the Preliminary Objections and discharges the 7th and 9th Respondents from the Petition.
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Bia Tosha Distributors Limited v Kenya Breweries Limited & 3 others; Cogno Ventures Limited (Interested Party) (Constitutional Petition 249 of 2016) [2024] KEHC 15737 (KLR) (Constitutional and Human Rights) (13 December 2024) (Ruling)
✦ The Supreme Court's judgment directs the High Court to assess suitable punishment for contempt of court on priority basis as it deals with the petition pending before it on its merits.
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Maina v Inspector General of the National Police Service & 3 others; Kamau (Interested Party) (Petition E288 of 2023) [2024] KEHC 15728 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The Court found that the arrest and prosecution of the Petitioner was not prejudicial to the administration of justice and that the Petitioner is not entitled to the relief sought.
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Kenya Human Rights Commission & another v Attorney General & another; Law Society of Kenya & another (Interested Parties) (Petition E179 of 2022) [2024] KEHC 15702 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The court held that the right to access information is provided for in the Constitution under Article 35 and that the Access to Information Act was enacted to give effect to this right. The court found that the government had a constitutional duty to provide access to financial information and that its refusal breached principles of transparency.
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Nzaku v Advocates Disciplinary Committee, the Law Society of Kenya; Kirathe (Interested Party) (Petition E285 of 2022) [2024] KEHC 15753 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The court finds that the rules of natural justice were not violated, and the petitioner's arguments are not supported.
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Okoiti v Attorney General & 3 others; Sugut & 6 others (Interested Parties) (Petition E104 of 2023) [2024] KEHC 15701 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The Senate's processing of the Bill violated Articles 118 (1) (b) and 10(2) (a) of the Constitution, making the Independent Electoral and Boundaries Commission (Amendment) Act No. 1 of 2023 unconstitutional and invalid.
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McKnight v Limika (Petition 6 of 2023) [2024] KEHC 15765 (KLR) (Constitutional and Human Rights) (13 December 2024) (Ruling)
✦ The Petition does not meet the constitutional threshold set by Anarita Karimi and Mumo Matemu, and the Preliminary Objection is merited.
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Amadi (Suing as the Official Representative of Kenya Renewable Energy Association) v Kenya Revenue Authority; Greentech Solutions Limited & 19 others (Interested Parties) (Petition E127 of 2022) [2024] KEHC 15729 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment)
✦ The Respondent’s reclassification of the HS Code for solar water heaters from HS 8419.19 to HS 8516.10 and its ruling dated 22nd November 2021 contravened the Petitioner’s constitutional rights under Articles 2, 10, 40, 47, 201 and 232 of the Constitution.
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Ichicha v Land Registrar Tigania East/West & another (Environment and Land Constitutional Petition E006 of 2024) [2024] KEELC 13832 (KLR) (11 December 2024) (Judgment)
✦ The petition is dismissed with no order as to costs.
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Munyi (Suing as Next Friend of CMM (Minor) & another v Minet Kenya Insurance Brokers Limited & another (Petition E481 of 2022) [2024] KEHC 15811 (KLR) (Constitutional and Human Rights) (9 December 2024) (Judgment)
✦ The court found that the 1st petitioner's rights and fundamental freedoms were violated due to the 1st respondent's failure to inform them about the cover limit exhaustion.
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Ragot v Officer in Charge, Directorate of criminal Investigations Department, Kisumu & 2 others; Njer (Interested Party) (Constitutional Petition E013 of 2024) [2024] KEHC 15774 (KLR) (9 December 2024) (Ruling)
✦ Petition is premature and application for conservatory orders is dismissed
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Mwai v United Nations Savings & Credit Cooperative Society Limited & another (Constitutional Petition 404 of 2014) [2024] KEHC 15821 (KLR) (Constitutional and Human Rights) (6 December 2024) (Judgment)
✦ The petition is declined and dismissed.
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Mbugua (Rev) Displaced Citizen & another v Attorney General & 5 others (Petition 447 of 2013) [2024] KEHC 15528 (KLR) (Constitutional and Human Rights) (6 December 2024) (Judgment)
✦ The court held that the petition did not meet the constitutional threshold as it failed to specify the rights violated and the manner of the violations.
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Kithi v Director of Public Prosecution & 2 others (Civil Appeal E007 & E015 of 2020 & Constitutional Petition 2 of 2019 (Consolidated)) [2024] KECA 1760 (KLR) (6 December 2024) (Judgment)
✦ We find in favor of the 3rd respondent and dismiss the appeal.
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Haki Na Sheria Initiative & 3 others v Cabinet Secretary Ministry of Interior and Co-ordination of National Government & 4 others; Katiba Institute & 2 others (Interested Parties); Global Strategic Litigation Council for Refugee Rights (Amicus Curiae) (Constitutional Petition E011 of 2022 & Petition E001 of 2023 (Consolidated)) [2024] KEHC 15353 (KLR) (6 December 2024) (Ruling)
✦ The court reinstated the expunged expert affidavit, finding the delay to be due to unforeseeable family reasons and allowing the application.
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Gesicho v Kenyatta & another; Speaker of the National Assembly & 3 others (Interested Parties) (Petition 321 of 2018) [2024] KEHC 15354 (KLR) (Constitutional and Human Rights) (6 December 2024) (Judgment)
✦ The Court has jurisdiction to entertain the matter, but the Petition is dismissed with costs.
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Khan & 4 others v Board of Directors Oshwal Academy Limited (Petition 74 of 2019) [2024] KEHC 17252 (KLR) (Constitutional and Human Rights) (6 December 2024) (Judgment)
✦ A declaration is issued that the decision of the 1st Respondent to inhibit and/or disallow performance of dhuhr prayers by Muslim learners indirectly discriminated against them on the basis of their religion.
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Law Society of Kenya, Kericho Chapter & 2 others v Wafula & 8 others (Constitutional Petition 10 of 2024) [2024] KEHC 15391 (KLR) (5 December 2024) (Ruling)
✦ The court declines jurisdiction due to the doctrine of exhaustion and strikes out the petition and motion.
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Ndicho v Registrar of Societies & 3 others (Petition E447 of 2022) [2024] KEHC 15298 (KLR) (Constitutional and Human Rights) (5 December 2024) (Judgment)
✦ The matter is not res judicata, and the respondents violated the Constitution's preamble and other provisions.
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Mwatsuma & 4 others (Suing in their Capacity as the Bona Fide Occupants and Owners of Land No 368/11 /MN, 370/11/MN and 367/11/MN Utange Mombasa) v Karama & 12 others (Constitutional Petition E004 of 2024) [2024] KEELC 13702 (KLR) (4 December 2024) (Ruling)
✦ The Court has consolidated ELC case no 113 of 2019 with this Petition and both to run concurrently. The Petitioners' claim for contempt against the Respondents is dismissed. Costs of the application dated 26th January, 2024 are awarded to the Respondents.