| Senate & 3 others v Speaker of the National Assembly & 10 Others, Petition No. 19 (E027) of 2021[2025] KESC 11 (KLR) | Scope of Senate’s participation in law making | The Senate ought to have been involved in considering and enacting the listed statutes. | o The Equalization Fund Appropriation Act, No. 3 of 2018; o The Sacco Societies (Amendment) Act, No. 16 of 2018; and, o The amendments to Sections 3 and 4 of the Kenya Medical Supplies Authority Act introduced by the Health Laws (Amendment) Act, No. 5 of 2019. . The Sacco Societies (Amendment) Act, 2018 for a period of 18 months from the date of the judgment to allow for its proper re-enactment in accordance with the Constitution. | The Parliament to enact new legislation with Senate’s participation. |
| Ndegwa v Attorney General & another (Petition 121 of 2019) [2024] KEHC 9991 (KLR) (Constitutional and Human Rights) (12 August 2024) (Judgment) | Whether the punishment imposed by section 8 (4) for non-disclosure of dual citizenship was a disproportionate and unjustifiable limitation of Kenyan-born dual citizen’s rights and fundamental freedoms, hence unconstitutional. | o The punishment imposed by Section 8(4) of the Citizen and Immigration Act for non-disclosure of dual citizenship is an unreasonable and unjustifiable on the right of dual citizenship and by extension an unnecessary fetter to the freedom and the security of the person and freedom of movement hence unconstitutional. | Kenya Citizenship and Immigration Act, section 8 (4) | Unconstitutional provision. |
| 1. | Aura v Cabinet Secretary, Ministry of Health & 11 others; Kenya Medical | Whether the process of enactment of SHIA, DHA, and PHA was flawed and rendered the Acts | “Let Parliament undertake sensitization, adequate, reasonable, | Social Health Insurance Fund Act, 2023 Digital Health Act, 2023 Primary Healthcare Act, | Unconstitutional Legislation |
| Practitioners & Dentist Council & another (Interested Parties) (Constitutional Petition E473 of 2023) [2024] KEHC 8255 (KLR) (Constitutional and Human Rights) (12 July 2024) (Judgment) | unconstitutional | sufficient and inclusive public participation in accordance with the Constitution before enacting the said Acts and amend the unconstitutional provisions in terms of this judgment. b. Compliance with (a) above be undertaken within 120 days of the date of this judgment. c. Within that period, the Acts shall remain suspended. d. In default of a and b above, on 10/11/2024, the following relief shall take effect forthwith:- A declaration is hereby issued that the entire Social Health Insurance Fund Act, 2023; the entire Digital Health Act, 2023 and the entire Primary Health Act, 2023 are all unconstitutional for the reasons set out in this Judgment and therefore invalid, null and void. | 2023 | |
| 2. | Kenya National Commission on Human Rights & 2 others v Attorney General; Director of Public Prosecutions & 3 others (Interested Parties); Law Society of Kenya (Amicus Curiae) (Constitutional Petition E045 of 2022) [2025] KEHC 6 (KLR) (Constitutional and Human Rights) (9 January 2025) (Judgment) | Whether section 226 as read with section 36 of the Penal Code that criminalised attempted suicide was unconstitutional for violating the rights to dignity, equality, and freedom from discrimination on the basis of health and disability. Whether the crime of attempted suicide was unconstitutional for denying the survivors the highest attainable standards of health as the stigmatisation associated with crime hindered the victims from seeking help. | declaration that Section 226 of the Penal Code is unconstitutional for violating Articles 27, 28 and 43 of the Constitution | Section 226 as read with Section 36 of the Penal Code | Unconstitutional provision |
| 3. | 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) | Whether the NGCD Fund Act, 2015 undermined the constitutional principles of devolution by encroaching on the functional and financial autonomy of county governments. Whether NGCD Fund Act, 2015 infringed on the basic structure of the Constitution by effectively creating a third level of government. Whether the NGCD Fund | “The NGCD Fund Act, 2015 as amended in 2022 and 2023 is unconstitutional. The NGCD Fund Act, 2015and all its programmes, projects and activities shall cease to operate at the stroke of midnight on 30 June 2026.” | The National Government Constituencies Development Fund Act of 2015 as amended in 2022 and 2023 | Unconstitutional provision |
| | Act, 2015 encroached on the functions reserved for county governments, leading to duplication and inefficiency. Whether the involvement of Members of Parliament in the implementation and oversight of the Fund under the NGCD Fund Act, 2015 contravened the doctrine of separation of powers by blurring the distinction between legislative and executive functions. Whether the allocation of funds under the NGCD Fund Act, 2015 complied with the constitutional principles of prudent and responsible financial management particularly in ensuring transparency, accountability, and avoidance of duplication of funding structures. Whether the enactment of the NGCD Fund Act, 2015 adhered to constitutional procedures, including consultation with the Senate and the Commission on Revenue Allocation, given its impact on county governments and revenue allocation. | | | |
| 4. | Okoiti v Attorney General & 3 others; Sugut & 6 others (Interested Parties) (Petition E104 of 2023) [2024] KEHC 15701 (KLR) (Constitutional and Human Rights) (13 December 2024) (Judgment) | Whether the withdrawal of the Senate’s Standing Committee on Justice, Legal Affairs and Human Rights Committee’s amendments to the IEBC (Amendment Bill, 2022) without, allowing debate on it and eventual passing of legislation, negated the public participation exercise. | “A declaration that the Independent Electoral and Boundaries Commission (Amendment) Act No. 1 of 2023 is unconstitutional and, therefore, invalid, null and void.” | Independent Electoral and Boundaries Commission (Amendment) Act No. 1 of 2023 | Unconstitutional Legislation |
| 5. | Council of Legal Education v Tusasirwe & 13 others (Civil Appeal 242 of 2017) [2025] KECA 459 (KLR) (7 March 2025) (Judgment) | Whether sections 4 and 16 of the Kenya School of Law Act was in conflict with section 12 and 13 of the Advocates Act as regards the qualification for admission to the Advocates Training Program and the admission into the Roll of Advocates. | “… there is a disconnect between sections 12 and 13 of the Advocates Act and section 16 and the Second Schedule to the Kenya School of Law Act, both of which are enactments of the Parliament of Kenya. Urgent legislative intervention is necessary to make the two statutes consistent, and if need be, to require in precise and clear terms that East African Community nationals seeking admission to the roll of advocates of the High Court of Kenya should meet tabulated or specified qualifications required of Kenya nationals or their equivalent. In doing so, account must be taken of the Country’s obligations under the Treaty and the relevant Protocols thereunder.” | Sections 4 and 16 of the Kenya School of Law Act and sections 12 and 13 of the Advocates Act | Inconsistent Provision |
| 6. | 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) | Whether section 46A(i) and (j) of the Kenya Information and Communications Act was unconstitutional for giving the Communications Authority of Kenya a similar role to that given to the Media Council of Kenya under article 34(5) of the Constitution. ii. Whether governmental control or censorship through giving of directions to media content and as to how and when content should be aired was adversative to the independence and freedom of media. | The court held that section 46A i & j and 46H(1) of the Kenya Information and Communications Act is unconstitutional. The court further issued a declaration that the Broadcasting Code for broadcast media as prescribed by Communications Authority of Kenya is unconstitutional and therefore null and void | Kenya Information and Communications Act (Section 46Ai & j and 46H (1)) Broadcasting Code for broadcast media as prescribed by Communications Authority of Kenya | Unconstitutional provisions |
| 7. | I&M Bank Limited v Mitini Scapes Development Limited (Insolvency Cause E107 of 2024) [2025] KEHC 5491 (KLR) (Commercial and Tax) (30 April 2025) (Ruling) | Whether Sections 520 and 534 of the Insolvency Act, by defining an administrator as a person appointed "under this Part," precluded holders of debentures made under the Companies Act (repealed) that predates the Insolvency Act from making direct appointments under the Insolvency Act. Whether an interpretation of the Insolvency Act that precluded holders of debentures predating the Act from making direct appointments of administrators aligned with the Act's overall objective of providing a comprehensive and efficient framework for company rescue. | Sections 520 and 534 of the Insolvency Act, that precludes holders of debentures predating the Act from making direct appointments of administrators, does not align with the Act's overall objective of providing a comprehensive and efficient framework for company rescue. | Sections 520 and 534 of the Insolvency Act | Inconsistent Provision |
| 8. | Gichuki v County Government of Nairobi & 6 others (Petition E222 of 2023) [2025] KEHC 2364 (KLR) (Constitutional and Human Rights) (6 March 2025) (Judgment) | Whether section 43 of Nairobi County Alcoholic Drinks Control and Licensing Act that established the Nairobi County Alcoholic Drinks Control Fund is unconstitutional? | A declaration is hereby issued that the entire Section 43 of Nairobi County Alcoholic Drinks Control and Licensing Act that establishes the Nairobi County Alcoholic Drinks Control Fund is unconstitutional, null and void. | Section 43 of Nairobi County Alcoholic Drinks Control and Licensing Act | Unconstitutional Provision |
| 9. | Gichuhi & 2 others v Data Protection Commissioner; Waigwa & another (Interested Parties) (Application E202 of 2023) [2024] | Constitutionality of section 8 of the Fair Administrative Action Act. | “164.I should not be mistaken to be saying that no particular category of cases can be resolved within a specific timeline. | Fair Administrative Action Act. Section 8 | |
| KEHC 15107 (KLR) (Judicial Review) (2 December 2024) (Judgment) | | Indeed they can and, as matter of fact, some have been resolved within a shorter period than that prescribed by statute. All I am saying is that, it would be an act of discrimination against a section of litigants to delay the hearing and determination of their cases merely because judicial review applications have to be prioritised. And to the extent that section 8 of the Fair Administrative Action Act purports to promote this sort discrimination, it is inconsistent with and contrary to the provisions of the Constitution to which reference has been made.” | | |