Kenyan case law
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Adipo v Secretary/CEO Law Society of Kenya & another (Constitutional Petition E012 of 2024) [2024] KEHC 12811 (KLR) (18 October 2024) (Ruling)
✦ The Court found that the issue for determination is whether the Court has jurisdiction to determine this matter where the petitioner alleges that his right to access information under Article 35 of the Constitution was infringed by the actions or omissions of the respondents.
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Bubble Engineering Company Limited & another v Attorney General & 5 others; Innovative Concept Limited (Icl (Interested Party) (Petition E387 of 2022) [2024] KEHC 13395 (KLR) (Constitutional and Human Rights) (18 October 2024) (Ruling)
✦ The court granted conservatory orders to restrain the respondents from arresting and prosecuting the 2nd petitioner pending the determination of the petition.
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Gachagua v State Law Office & 4 others (Petition E565 of 2024) [2024] KEHC 12436 (KLR) (Constitutional and Human Rights) (18 October 2024) (Order)
✦ The court ordered the pleadings to be served immediately and responded to within 3 days, certified the matter as raising substantial questions of law and public interest, and issued a conservatory order staying the implementation of the Senate's resolution until October 24, 2024.
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Chairman, Garissa Juakali Association v Secretary, County Government of Garissa & another (Constitutional Petition E009 of 2024) [2024] KEHC 13063 (KLR) (17 October 2024) (Judgment)
✦ The petition is dismissed for want of merit
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Awino v Macharia; Ethics and Anti-Corruption Commission (Interested Party) (Petition E330 of 2023) [2024] KEHC 12476 (KLR) (Constitutional and Human Rights) (17 October 2024) (Judgment)
✦ The Court finds that the Petitioner's case lacks sufficient evidence to support the allegations and that the issues are not ripe for determination.
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Alba Petroleum Limited v National Land Commission & 4 others (Constitutional Petition 36 of 2022) [2024] KEELC 6882 (KLR) (17 October 2024) (Ruling)
✦ The Notice of Preliminary objection is found to have merit and is allowed with no orders as to costs.
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Ledama v Narok County Government (Constitutional Petition 1 of 2024) [2024] KEHC 12661 (KLR) (16 October 2024) (Judgment)
✦ The petition succeeds to the extent encapsulated in the specific orders
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Njau v Wangai & 6 others; National Police Service Commission & 2 others (Interested Parties) (Constitutional Petition E006 of 2021) [2024] KEHC 12698 (KLR) (16 October 2024) (Judgment)
✦ The petition passes the Anarita Karimi test and does not suffer any deficiency or lack of procedural rectitude.
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Gichobi (Suing as the Chief Executive of Kenya Indigenous Languages Forum (KILAFO)) v County Government of Kirinyaga & 4 others (Constitutional Petition 3A of 2019) [2024] KEHC 12491 (KLR) (16 October 2024) (Ruling)
✦ The judge is recused from the matter
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County Assembly of Laikipia v County Assemblies Sports Association Sued Through Imwatok & 2 others; County Assemblies Forum Through its Officials; Hon: Sabulei Philemon Kiplangat (Chairman) Hon: James Chege Mwaura (Secretary) Hon: Omar Mohamed Martin (Treasurer) & another (Interested Parties) (Constitutional Petition E005 of 2024) [2024] KEHC 12531 (KLR) (16 October 2024) (Ruling)
✦ The Petition is dismissed as the doctrine of constitutional avoidance applies.
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Ramtu v Bakari & 6 others (Constitutional Petition 59 of 2019) [2024] KEELC 6917 (KLR) (16 October 2024) (Ruling)
✦ The Court dismissed the Notice of Preliminary Objection with costs to the Respondents and determined the Petition on its merits.
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Gachagua v Speaker of the National Assembly & 3 others (Petition E550 of 2024) [2024] KEHC 12876 (KLR) (Constitutional and Human Rights) (15 October 2024) (Ruling)
✦ The court held that the High Court does not have jurisdiction to issue conservatory orders during an ongoing impeachment process conducted by Parliament.
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Cove Investments Limited v Johana Kiprotich Rono & Joseph Rono Langat as the Representatives of the Estate of Mathias Kimnyole Langat & 5 others (Constitutional Petition 360 of 2017) [2024] KEELC 6730 (KLR) (15 October 2024) (Ruling)
✦ The court dismissed the application to join the 3rd, 4th, 5th and 6th respondents to the suit for purposes of execution.
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County Government of Uasin Gishu & 2 others v Independent Electoral and Boundaries Commission (Constitutional Petition E024 of 2024) [2024] KEHC 12338 (KLR) (15 October 2024) (Judgment)
✦ The court held that it was not a requirement for the deputy governor that resigned to tender his resignation to the IEBC and it was practically absolute if the deputy governor tendered his resignation to the governor of a particular county. The court also held that the action of gazettement of the deputy governor by the CEO of the IEBC was a simple administrative one; involving the placing a notice communicating the decision of the court and that such an action did not call for the Commission to sit, deliberate and come up with a decision.
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Shiels v Office of the Director Public Prosecution & 4 others (Constitutional Petition 2 of 2022) [2024] KEHC 12323 (KLR) (14 October 2024) (Ruling)
✦ The application for a stay of execution is denied. The criminal case will be heard on 3rd March, 2025.
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Oliele & 2 others v Parliament of Kenya & 3 others; Football Kenya Federation (Interested Party) (Constitutional Petition E001 of 2024) [2024] KEHC 12242 (KLR) (11 October 2024) (Judgment)
✦ The court found that the petitioners' claims were not well-founded and that the impugned provisions were not in contravention of the Constitution of Kenya.
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Gachagua v Speaker of the National Assembly of Kenya & 3 others (Petition E522 of 2024) [2024] KEHC 12075 (KLR) (Constitutional and Human Rights) (11 October 2024) (Ruling)
✦ The Court denied the petitioners' application for empanelment and transmission of files.
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Maina v National Assembly & 4 others; Gachagua, EGH the Deputy President of the Republic of Kenya & another (Interested Parties) (Constitutional Petition E014 of 2024) [2024] KEHC 12296 (KLR) (11 October 2024) (Ruling)
✦ Petition E014 and Petition E013 are consolidated and referred to the Chief Justice for empanelment of a bench to hear the petitions.
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TWW v KJH & 2 others (Petition E267 of 2021) [2024] KEHC 12070 (KLR) (Constitutional and Human Rights) (9 October 2024) (Judgment)
✦ The Court declared the contempt of court orders unlawful and unconstitutional.
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Shariff & 3 others v Director of Public Prosecutions & 4 others (Petition E185 of 2021) [2024] KEHC 12086 (KLR) (Constitutional and Human Rights) (9 October 2024) (Ruling)
✦ The Court held that the consent order cannot be set aside as it was not obtained by fraud, collusion, or contrary to the policy of the court.
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County Government of Meru v Kenya Medical Practitioners Pharmacists and Dentists Union & 2 others; Meru County Public Service Board & 2 others (Interested Parties) (Constitutional Petition E004 of 2024) [2024] KEELRC 2449 (KLR) (9 October 2024) (Judgment)
✦ The court found that the petitioner has locus standi and that the petition meets the competence threshold. The court also found that the respondents have violated the constitutional rights of the residents of Meru and granted the relief sought.
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Mohamed & another v Attorney General & 2 others (Constitutional Petition E007 of 2023) [2024] KEHC 12089 (KLR) (9 October 2024) (Judgment)
✦ The Court has jurisdiction to entertain the petition.
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Njuguna & 12 others v Tea Board of Kenya & 2 others (Constitutional Petition E020 of 2024) [2024] KEHC 14522 (KLR) (9 October 2024) (Ruling)
✦ The petition is withdrawn due to the withdrawal of the election manual and the subsequent election of directors for KTDA managed factories.
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Awino & another v Nairobi County Executive Committee Member for Physical and Land Use Planning & 9 others (Petition E009 of 2022) [2024] KEHC 12085 (KLR) (Constitutional and Human Rights) (9 October 2024) (Ruling)
✦ The High Court lacks the requisite jurisdiction to handle the matter as per the provisions of Article 165(5)(b) as read together with Article 162(2)(b) of the Constitution.
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Geyser International Assets Limited v Attorney General & 3 others (Constitutional Petition 209 of 2015) [2024] KEELC 7289 (KLR) (9 October 2024) (Ruling)
✦ The Petitioner's application is dismissed, and costs are awarded to the 2nd and 4th Respondents to be borne by the Petitioner.