Kenyan case law
-
Orange Democratic Movement Party & 4 others v Speaker of National Assembly & 5 others (Constitutional Petition E491 of 2023 & E010 & E025 of 2024 (Consolidated)) [2024] KEHC 11494 (KLR) (Constitutional and Human Rights) (24 September 2024) (Judgment)
✦ The Privatisation Act, 2023 and the decision to privatize KICC are unconstitutional.
-
Phoro v Eldoret Technical Training Institute (Constitutional Petition E006 of 2023) [2024] KEHC 10974 (KLR) (20 September 2024) (Ruling)
✦ The Petition is struck out, and the Petitioner is directed to pursue her complaint before the office of the Data Protection Commissioner.
-
Gikonyo & another v National Assembly of Kenya & 4 others; Council of Governors & 3 others (Interested Parties) (Constitutional Petition 178 of 2016) [2024] KEHC 10886 (KLR) (Constitutional and Human Rights) (20 September 2024) (Judgment)
✦ We find that the petition is moot due to the 2022 and 2023 amendments to the Act and the lapsed nature of the Division of Revenue Act for the 2016/2017 financial year.
-
Ongili v Nation Media Group Kenya Limited & another; Director of Public Prosecutions (Interested Party) (Petition E012 of 2020) [2024] KEHC 11391 (KLR) (Constitutional and Human Rights) (20 September 2024) (Judgment)
✦ The 1st respondent's coverage of the matter through the interview and subsequent newspaper stories did not violate the petitioner's rights and fundamental freedoms.
-
Wamburu v Director of Public Prosecution & another (Petition E430 of 2023) [2024] KEHC 11496 (KLR) (Constitutional and Human Rights) (20 September 2024) (Judgment)
✦ The decision to arrest and prosecute the petitioner was in violation of Article 157(11) of the Constitution.
-
Ahmed v Director of Public Prosecutions & 3 others (Constitutional Petition E028 of 2022) [2024] KEHC 13219 (KLR) (20 September 2024) (Judgment)
✦ The court finds that the Petitioner has not demonstrated that the criminal proceedings will undermine his right to a fair hearing and that the ODPP acted within its constitutional mandate.
-
Wanyiri v Eldoret Small Claims Court & 2 others; Wanjohi (Interested Party) (Constitutional Petition 21 of 2023) [2024] KEHC 10845 (KLR) (20 September 2024) (Ruling)
✦ The Notice of Motion seeking conservatory orders is hereby dismissed.
-
Law Society of Kenya & 3 others v Inspector General of Police & 4 others (Petition E436 of 2024) [2024] KEHC 10995 (KLR) (Constitutional and Human Rights) (20 September 2024) (Ruling)
✦ The conviction and sentence for contempt are set aside as the contemnor has purged his guilt through a process of remorse and apology.
-
Gichuhi v County Government of Kirinyaga & 2 others (Constitutional Petition 2 of 2017) [2024] KEELC 5961 (KLR) (19 September 2024) (Judgment)
✦ The Court finds that the Petition meets the threshold of precision as articulated and established in the Case of Anarita karimi Njeru –vs- Republic (1979) eKLR. The Petitioner's claim against the Respondents was articulated with reasonable clarity and precision.
-
Mughanga v County Government of Taita Taveta & 2 others (Constitutional Petition E001 of 2024) [2024] KEHC 11017 (KLR) (19 September 2024) (Judgment)
✦ The process for the nomination and appointment of Board members for Voi and Taveta Municipalities is not transparent and is a sham.
-
Kiamba & another v Attorney General; Ethics and Anti-Corruption Commission (Interested Party) (Constitutional Petition E025 of 2024) [2024] KEHC 10917 (KLR) (19 September 2024) (Ruling)
✦ The Court ordered that the Preliminary Objections raised by the respondent and the interested party be and are hereby dismissed.
-
Sang & 7 others v Cabinet Secretary for Interior & Co-Ordination of National Security & another (Constitutional Petition E014 of 2022) [2024] KEHC 11107 (KLR) (19 September 2024) (Judgment)
✦ The court held that the creation and elevation of certain administrative units in Eastern Mau without public participation was unconstitutional.
-
Lonzi v National Youth Service & 2 others; National Land Commission (Interested Party) (Environment and Land Constitutional Petition E013 of 2022) [2024] KEELC 5939 (KLR) (18 September 2024) (Judgment)
✦ The Court quashed the decision of the 1st and 2nd Respondents conveyed in the Public Notice published in the Daily Nation newspaper publication dated 13th February, 2018 in respect to the suit land.
-
Shimaka v Clerk Kakamega County Assembly & another (Constitutional Petition 18 of 2022) [2024] KEHC 12283 (KLR) (18 September 2024) (Ruling)
✦ The court denied the application for stay of proceedings
-
Njuguna v Nairobi Hospital (Constitutional Petition E003 of 2024) [2024] KEHC 11314 (KLR) (17 September 2024) (Ruling)
✦ The court ordered the petitioner to provide security in the form of title deeds and to settle the outstanding medical bills within 60 days.
-
Law Society of Kenya & 3 others v Inspector General of Police & 4 others (Petition E436 of 2024) [2024] KEHC 10634 (KLR) (Constitutional and Human Rights) (13 September 2024) (Sentence)
✦ The Court found the disobedience amounted to contempt, contrary to Articles 2(1), 3, 10, 159 and 160 of the Constitution.
-
Law Society of Kenya & 3 others v Inspector General of Police & 4 others (Petition E436 of 2024) [2024] KEHC 10566 (KLR) (Constitutional and Human Rights) (9 September 2024) (Ruling)
✦ The Inspector General of Police is found guilty of contempt of court and ordered to explain his conduct.
-
Ali v Cabinet Secretary, Ministry of Education, Science and Technology & another (Petition E296 of 2022) [2024] KEHC 10539 (KLR) (Constitutional and Human Rights) (3 September 2024) (Judgment)
✦ The court ordered the 1st respondent to establish the Education Standards and Quality Assurance Council (ESQAC) and to appoint relevant officers as by law envisaged within 60 days from the date of the judgment.
-
Macager & 23 others v Kenya Revenue Authority & 4 others (Petition 224 of 2019) [2024] KEHC 10549 (KLR) (Constitutional and Human Rights) (3 September 2024) (Judgment)
✦ Sections 44 and 60 of the Tax Procedures Act are not unconstitutional. The presumption of innocence under article 50(2)(a) of the Constitution does not apply in civil cases.
-
Lococo & 2 others v Director of Public Prosecution & 10 others (Constitutional Petition E006 of 2024) [2024] KEHC 10488 (KLR) (29 August 2024) (Ruling)
✦ The court held that the jurisdictional issue is a pure point of law and that the court has jurisdiction to hear the petition.
-
Karimi & 59 others v Cabinet Secretary, Ministry of Agriculture Livestock and Fisheries & 10 others (Constitutional Petition 8 of 2019) [2024] KEHC 10748 (KLR) (29 August 2024) (Judgment)
✦ The petition is premature and the Petitioners have not demonstrated that Section 43 of the AFA Act and Section 14 of the Crops Act are unconstitutional.
-
Nyang’era t/a Nyasae and Associates v Disciplinary Committee of the Institute of Certified Public Accountants of Kenya; Kenya Tea Development Agecny Limited (Interested Party) (Petition E403 of 2017) [2024] KEHC 10388 (KLR) (Constitutional and Human Rights) (26 August 2024) (Ruling)
✦ The court grants the stay of execution pending the appeal
-
Ashiudu v Republic (Constitutional Petition E001 of 2023) [2024] KEHC 10563 (KLR) (26 August 2024) (Judgment)
✦ Section 296(2) and 297(2) of the Penal Code violate articles 27, 28, 29, and 50(2)(q) of the Constitution.
-
Kiema v CM, Milimani Commercial Court & another; Wambua & another (Interested Parties) (Petition 293 of 2019) [2024] KEHC 10400 (KLR) (Constitutional and Human Rights) (26 August 2024) (Ruling)
✦ The court should allow the petitioner's application for reinstatement of the petition and set aside the dismissal of the suit for want of prosecution.
-
MC & another v Kipyegon & 5 others (Petition E514 of 2021) [2024] KEHC 10387 (KLR) (Constitutional and Human Rights) (26 August 2024) (Judgment)
✦ The Court found that the State actors failed to perform their due diligence obligation and violated the 1st Petitioner's constitutional rights.