Kenyan case law
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Sarma Enterprises Ltd & another v Superloop Ltd & 2 others; Mugendi & 6 others (Interested Parties) (Petition E412 of 2022) [2024] KEHC 14499 (KLR) (Constitutional and Human Rights) (21 November 2024) (Ruling)
✦ The Court should not strike out the 1st Petitioner and the 2nd Respondent from the instant Petition.
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Yiari v Inspector General of Police & 3 others (Constitutional Petition 4 of 2017) [2024] KEHC 14541 (KLR) (20 November 2024) (Judgment)
✦ The court found the petition meets the constitutional threshold and the respondents violated the rights of the pastoralist communities.
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Makutano Self Help Group (Suing Through its Representatives Luke Gitonga, Cyprian Iguna Gwatia and Gitonga Chakanu) v County Government of Tharaka Nithi & another (Environment and Land Constitutional Petition E002 of 2023) [2024] KEELC 13302 (KLR) (20 November 2024) (Judgment)
✦ The court has jurisdiction to hear the case.
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Caterers v National Land Commission & 2 others (Environment and Land Constitutional Petition E025 of 2021) [2024] KEELC 13310 (KLR) (20 November 2024) (Judgment)
✦ The court has jurisdiction to hear the dispute as the Land Acquisition Tribunal was not operational when the suit was filed. The petitioner's rights were violated, and he deserves compensation.
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Abdalla & 6 others v Khansa Developers Limited & 3 others (Constitutional Petition 16 of 2022) [2024] KEELC 13226 (KLR) (18 November 2024) (Ruling)
✦ The Notice of Motion application is dismissed with costs to the Respondents
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Bliss Holdings Limited v Onyango & 5 others (Constitutional Petition E006 of 2024) [2024] KEELC 13228 (KLR) (18 November 2024) (Ruling)
✦ An interim conservatory order restraining the respondents from dealing with the specific land was granted.
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Apondi v Attorney General (Constitutional Petition 13 of 2015) [2024] KEHC 14370 (KLR) (Constitutional and Human Rights) (15 November 2024) (Judgment)
✦ The petition fails and is dismissed.
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Wandabwa & 3 others v County Executive Committee Member -Lands, Urban/Planning,Housing and Municipalities Bungoma County & 2 others (Environment and Land Constitutional Petition E004 of 2024) [2024] KEELC 7566 (KLR) (14 November 2024) (Ruling)
✦ The court granted the application to withdraw the petition.
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Juma & 4 others (on their Behalf and on Behalf of 285 Others Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Constitutional Petition E148 of 2023) [2024] KEELRC 2800 (KLR) (14 November 2024) (Ruling)
✦ The Court declared that the petitioners' rights were violated and ordered the respondents to take measures to address the violations.
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Masinde v County Government of Busia (Environment and Land Constitutional Petition E001 of 2023) [2024] KEELC 13435 (KLR) (14 November 2024) (Judgment)
✦ Petitioner is entitled to Kshs.150,000 for violation of Article 47 of the Constitution and half the costs of the Petition.
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Ojwang (Acting on her Behalf & on Behalf of Seth Opondo Ojwang) & another v Holy ghost Coptic Church of Africa & 6 others; National Gender & Equality Commission & another (Interested Parties) (Constitutional Petition 23 of 2018) [2024] KEHC 14156 (KLR) (14 November 2024) (Ruling)
✦ The applicants cannot seek review of the judgment after filing an appeal. The applicants are estopped from re-opening the case as they have already appealed the judgment.
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Mwinzi v Republic (Constitutional Petition E005 of 2024) [2024] KEHC 14080 (KLR) (13 November 2024) (Ruling)
✦ The petition lacks merit and is hereby dismissed.
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Murunga v Director of Public Prosecutions & 2 others; Watilili (Interested Party) (Constitutional Petition E010 of 2023) [2024] KEHC 14103 (KLR) (13 November 2024) (Judgment)
✦ The arrest, charging, and prosecution of the Petitioner violate the Petitioner's rights and fundamental freedoms as enshrined in Articles 27, 47, 48, 49 and 50 of the Constitution and Article 157(11) of the Constitution.
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Wangui v County Government of Trans-Nzoia (Constitutional Petition E002 of 2023) [2024] KEHC 14144 (KLR) (13 November 2024) (Judgment)
✦ The Petition is hereby disallowed.
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Kabalachi v Director of Public Prosecution (Constitutional Petition E022 of 2024) [2024] KEHC 14079 (KLR) (13 November 2024) (Ruling)
✦ The application for stay of proceedings has merit and is hereby granted.
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Ogao v Chairman, Land Disputes Tribunal, Nyamira County & 2 others (Environment and Land Constitutional Petition E002 of 2024) [2024] KEELC 14111 (KLR) (11 November 2024) (Ruling)
✦ The Petition is dismissed and the parties are returned to Nyamira Chief Magistrate's Court Civil Suit No. ELC 26 of 2020.
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Mogaka v Attorney General & 2 others (Constitutional Petition E021 of 2022) [2024] KEHC 14001 (KLR) (11 November 2024) (Ruling)
✦ The application is dismissed with no orders
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Kenya Pharmaceutical Distributors Association & another v Anti-Counterfeit Authority & 2 others; Kenya Industrial Property Institute & 3 others (Interested Parties) (Petition E536 of 2022) [2024] KEHC 13766 (KLR) (Constitutional and Human Rights) (7 November 2024) (Ruling)
✦ The Petition is not barred by res judicata, as the previous suit did not address the constitutional aspects of the Act.
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Karime v Director of Public Prosecution & 2 others (Constitutional Petition E004 of 2023) [2024] KEHC 13846 (KLR) (7 November 2024) (Judgment)
✦ The court dismissed the petition, finding that the Petitioner did not establish a prima facie case with a likelihood of success and that the Respondents' actions were not likely to violate her rights.
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Marwa v National Assembly & 3 others; Law Society of Kenya & 2 others (Interested Parties) (Constitutional Petition E019 of 2023) [2024] KEHC 14081 (KLR) (7 November 2024) (Judgment)
✦ The petition is dismissed as it was not pleaded with precision and the petitioner failed to demonstrate the Constitutional violations with precision.
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Kenya Union of Journalists v Communications Authority of Kenya & another; Media Council of Kenya (Interested Party) (Petition 501 of 2019) [2024] KEHC 13677 (KLR) (Constitutional and Human Rights) (7 November 2024) (Judgment)
✦ Sections 46A(i) and (j) of the Kenya Information and Communications Act are unconstitutional for giving CAK a similar role to that given to the Media Council of Kenya (MCK) under article 34(5) of the Constitution.
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Muriuki & 5 others v China Wu Yi Company Limited & another (Constitutional Petition 1 of 2022) [2024] KEELC 7350 (KLR) (7 November 2024) (Judgment)
✦ Petitioners' constitutional rights were violated
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Mwangi & 6 others v Attorney General & 6 others; Kenya University Biodiversity Consortium & 6 others (Interested Parties) (Petition E475 of 2022) [2024] KEHC 13678 (KLR) (Constitutional and Human Rights) (7 November 2024) (Ruling)
✦ The Court found the ELC Court had jurisdiction to hear the consolidated petition.
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Nyakio v NCBA Bank Kenya PLC (Constitutional Petition E023 of 2023) [2024] KEHC 14012 (KLR) (6 November 2024) (Ruling)
✦ The court has ordered the Petitioner to be given a chance to highlight the applications or to take a ruling date.
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DWG v Director of Public Prosecution (Constitutional Petition 8 of 2020) [2024] KEHC 14545 (KLR) (6 November 2024) (Judgment)
✦ The court grants the Petitioner's request for a new trial and quashes the conviction and sentence.