Category Archives for Litigation

Appointment of 128 parastatal heads in 2018 declared unconstitutional by the High Court.

Appointment of 128 parastatal heads in 2018 declared unconstitutional by the High Court.

Court holds that parastatal appointments must be fair, open, and competitive to give all Kenyans a fair chance. Court also finds that the 2018 posts were not advertised or interviews conducted. Gender, ethnicity, and disabilities…
BBI Consolidated Judgment

BBI Consolidated Judgment

DAVID NDII & OTHERS……………………..……….………PETITIONERS VERSUS ATTORNEY GENERAL & OTHERS……………………..RESPONDENTS JUDGMENT I. HISTORY OF THE LITIGATION 1. On 18th March, 2018, President Uhuru Kenyatta and Mr. Raila Odinga had what is now famously known as the…
High Court of Kenya: Tribunals are subordinate courts falling under the Judiciary.

High Court of Kenya: Tribunals are subordinate courts falling under the Judiciary.

The High Court of Kenya has affirmed that Tribunals are subordinate courts falling under the Judiciary. It holds that appointment to Tribunals must be by the Judicial Service Commission(JSC) and not the Executive. Katiba Institute…
Mitu-Bell Welfare Society v Kenya Airports Authority, SC Petition 3 of 2018

Mitu-Bell Welfare Society v Kenya Airports Authority, SC Petition 3 of 2018

The Supreme Court has delivered its judgment in the appeal by Mitu-Bell Welfare Association (Mitubell) on the evictions of over 3000 households and the interpretation of socio-economic rights under the Constitution of Kenya. Katiba Institute…
Judgment: Constitutional Petition No. 331 of 2016

Judgment: Constitutional Petition No. 331 of 2016

High Court bench (partly allowing a Petition by Katiba Institute) holds that all appointments to parastatals must be fair, transparent,& competitive and subject to affirmative action. It finds that the challenged appointments were not competitive…