Kenyan case law
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Mpapale & 5 others (All Suing in their Capacity as Elected/Appointed Representatives of the Mombasa Water Kiosk Operators Association) v Mombasa Water Supply and Sanitation Company Limited (Constitutional Petition E054 of 2022) [2024] KEHC 10841 (KLR) (18 July 2024) (Judgment)
✦ The Court dismissed the petition.
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Awino & 7 others v Inspector General of Police & 3 others (Petition 250 of 2019) [2024] KEHC 8623 (KLR) (Constitutional and Human Rights) (18 July 2024) (Ruling)
✦ The court found that the Notice of Preliminary Objection does not meet the legal threshold of a preliminary objection and is not merited.
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Barnabas East Africa v County Government of Mombasa & 2 others (Constitutional Petition 29 of 2022) [2024] KEELC 5753 (KLR) (17 July 2024) (Ruling)
✦ The court does not have the mandate to conduct a site visit for fact-finding purposes.
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Mukuru v Independent Electoral and Boundaries Commission (IEBC); Wiper Democratic Movement & another (Interested Parties) (Constitutional Petition E003 of 2024) [2024] KEHC 9012 (KLR) (15 July 2024) (Judgment)
✦ The petition is dismissed with costs to the respondent.
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Ddaiddo & 2 others v Tana River County Ward Bursary Fund Board & 2 others (Constitutional Petition E006 of 2023) [2024] KEHC 8833 (KLR) (15 July 2024) (Ruling)
✦ The application for review is disallowed, and the petitioners' application for declarations and injunctions is also disallowed.
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Aura v Cabinet Secretary, Ministry of Health & 11 others; Kenya Medical Practitioners & Dentist Council & another (Interested Parties) (Constitutional Petition E473 of 2023) [2024] KEHC 8436 (KLR) (Constitutional and Human Rights) (12 July 2024) (Ruling)
✦ We have allowed a temporary stay of the suspension of the impugned Acts for 45 days, but the suspension of sections 26 (5) and 27 (4) of the Social Health Insurance Act remains in effect due to our finding of unconstitutionality.
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Omwando v Principal Secretary, Ministry of Health & 6 others; Kingwara & 2 others (Interested Parties) (Constitutional Petition E037 of 2022) [2024] KEHC 8505 (KLR) (12 July 2024) (Ruling)
✦ The application is dismissed with no order as to costs.
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Sanga v Public Service Commission & another (Constitutional Petition E024 of 2022) [2024] KEHC 8406 (KLR) (12 July 2024) (Ruling)
✦ The court finds that the Employment and Labour Relations Court has the jurisdiction to hear and determine issues around advertisement of vacancies, and the petition is struck out.
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Aura v Cabinet Secretary, Ministry of Health & 11 others; Kenya Medical Practitioners & Dentist Council & another (Interested Parties) (Constitutional Petition E473 of 2023) [2024] KEHC 8255 (KLR) (Constitutional and Human Rights) (12 July 2024) (Judgment)
✦ The petition is not sub-judice and the impugned laws are unconstitutional due to lack of proper public participation.
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Consumer Federation of Kenya (COFEK) (Suing Through its Officials Namely Stephen Mutoro, Ephraim Kanake and Henry Ochieng) v Radio Africa Events/Group & 3 others; Competition Authority of Kenya & another (Interested Parties) (Petition E203 of 2023) [2024] KEHC 8254 (KLR) (Constitutional and Human Rights) (11 July 2024) (Ruling)
✦ The Court dismissed the preliminary objections as the dispute is not a contractual one, and COFEK has the requisite locus standi to file the petition.
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Gikenyi & 41 others v Cabinet Secretary Lands & 13 others (Petition E154, E173, E176, E181, E191 & 11 of 2024 (Consolidated)) [2024] KEHC 8475 (KLR) (Constitutional and Human Rights) (11 July 2024) (Ruling)
✦ The applications are dismissed for want of merit.
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Azimio La Umoja One Kenya Coalition Party v President of Kenya & 9 others; Kenya National Commission on Human Rights (Interested Party) (Petition E153 of 2023) [2024] KEHC 8251 (KLR) (Constitutional and Human Rights) (11 July 2024) (Judgment)
✦ The President's action of establishing a Commission of Inquiry was unconstitutional.
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Oluhano & 5 others v Pentecostal Assemblies of God-Kenya Church & 3 others; Orera & 8 others (Interested Parties) (Constitutional Petition 1 & 1 of 2023 (Consolidated)) [2024] KEHC 8289 (KLR) (11 July 2024) (Judgment)
✦ The court found that certain provisions of the PAG-K Church Constitution were unconstitutional and ordered an amendment within 120 days under the supervision of the Registrar of Societies.
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Patnic Insurance Agency v National Health Insurance Fund Management & 4 others (Constitutional Petition E015 of 2022) [2024] KEHC 8429 (KLR) (10 July 2024) (Ruling)
✦ The Petition is struck out as the law upon which the Petition is based has been repealed.
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Masafu v Inspector General of Police & 2 others (Constitutional Petition E020 of 2022) [2024] KEHC 10152 (KLR) (10 July 2024) (Judgment)
✦ The court finds that the maintenance of a permanent criminal record violates the Petitioner's constitutional rights, particularly since he was a minor at the time of the offense.
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ANK v DLK & another (Constitutional Petition E002 of 2022) [2024] KEHC 8394 (KLR) (10 July 2024) (Judgment)
✦ The court held that the property is not matrimonial property and the Petitioner is not entitled to the orders sought.
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Gori & 2 others v British Broadcasting Corporation (BBC) & another (Constitutional Petition E013 of 2024) [2024] KEHC 8151 (KLR) (9 July 2024) (Ruling)
✦ The court declines to grant interim orders and upholds the earlier directions.
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Siddique w/o Arshad Sharif & 2 others v Attorney General & 4 others (Constitutional Petition E009 of 2023) [2024] KEHC 9667 (KLR) (8 July 2024) (Judgment)
✦ The High Court held that the shooting was unlawful, arbitrary, and unconstitutional, and violated the rights to life, dignity, and security of the person under articles 26, 28, and 29 of the Constitution.
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Omodni v Migori County Assembly; County Public Service Boards National Consulative Forum & 6 others (Interested Parties) (Constitutional Petition E004 of 2024) [2024] KEHC 17032 (KLR) (5 July 2024) (Ruling)
✦ The Petition will proceed before the Judge at Migori High Court but the application for interim orders is granted.
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Ali & 4 others v Gashambi & 8 others (Constitutional Petition 8 of 2019) [2024] KEHC 8072 (KLR) (4 July 2024) (Ruling)
✦ The motion is dismissed with no orders as to costs.
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County Government of Kisii & 2 others v Independent Electoral and Boundaries Commission; Monda (Interested Party) (Constitutional Petition E006 of 2024) [2024] KEHC 8477 (KLR) (4 July 2024) (Judgment)
✦ The court held that the Petitioners have made out a case to warrant the grant of the orders sought in the Petition and that the failure to gazette the name of Elijah Obebo as the new Deputy Governor of Kisii County is contrary to the Constitution.
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Hashim & another v County Government of Kajiado & 4 others; Kenya National Commission on Human Rights (KNCHR) (Interested Party) (Constitutional Petition 17 of 2019) [2024] KEHC 9668 (KLR) (2 July 2024) (Judgment)
✦ The court will not address claims against the 2nd Respondent.
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Mount Kenya Bottlers Limited & 3 others v Attorney General & 3 others (Petition 72 of 2011) [2024] KEHC 7779 (KLR) (Constitutional and Human Rights) (28 June 2024) (Ruling)
✦ The reference is dismissed with costs.
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Sum v Njaggah & 2 others; Attorney General (Interested Party) (Constitutional Petition E130 of 2023) [2024] KEELRC 1638 (KLR) (28 June 2024) (Ruling)
✦ The application is dismissed and each party is ordered to bear their own costs.
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Wafubwa v Attorney General & 3 others (Petition E427 of 2020) [2024] KEHC 7762 (KLR) (Constitutional and Human Rights) (28 June 2024) (Judgment)
✦ Petition dismissed