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Citation
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Judgment date
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| April 2026 |
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Whether substantive judicial review pleadings may materially depart from the leave-stage record under Rule 8(1)(a).
Judicial review — Leave as screening stage — Rule 8(1)(a) GN No. 324/2014 — Variance between leave-stage and substantive pleadings — Introduction of new facts, annexures and prayers — Expungement of offending affidavit paragraphs vs. striking out application
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10 April 2026 |
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Whether the court may grant mandamus for the applicant's reinstatement under the Act; preliminary objection dismissed.
Judicial review – Certiorari and Mandamus – Jurisdiction under s.17(2) Law Reform (Fatal Accidents and Miscellaneous Provisions) Act – Rule 15 GN 324/2014 – Preliminary objection – pure point of law (Mukisa test) – dismissal of preliminary objection – remedy of striking out untenable prayer
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9 April 2026 |
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Whether the applicant met criteria for leave to seek judicial review challenging disciplinary dismissal.
Judicial review — leave to apply — criteria for leave (prima facie case, interest, timeliness, public body decision, exhaustion of remedies, good faith) — certiorari and mandamus challenging disciplinary dismissal
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9 April 2026 |
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Court held that cross-examination under Rule 15(3)(b) is limited to court‑summoned witnesses; deponent’s attendance was not justified.
Civil procedure — Evidence by affidavit — Interpretation of Rule 15(3)(b) and Rule 15(4) of the Basic Rights and Duties Enforcement Rules — Cross-examination limited to witnesses summoned by the Court — Order XIX Rule 2(1) CPC — Requirements to summon deponent for cross-examination: identify disputed averments, show relevance, and demonstrate necessity
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9 April 2026 |
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Leave to seek judicial review granted despite missing inquiry record where distinct arguable procedural irregularities were shown.
Judicial review — Leave to apply — Requirement of prima facie/arguable case — Role of disciplinary inquiry record and investigation report at leave stage — Timeliness, interest, exhaustion of remedies, good faith — Procedural irregularities (amendment of charges, statutory delay, non‑service of report)
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2 April 2026 |
| March 2026 |
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A user's constitutional challenge to an online platform suspension is competent; preliminary objections on remedies, res judicata and locus standi overruled.
Constitutional review – exhaustion of alternative remedies – Section 39 TCRA Act – appeal rights of licensees v. users; Res judicata – application in public interest litigation and need for factual inquiry; Locus standi and affidavit of admissibility – Section 4(2) BRADEA – personal effect from suspension of online platform; Challenge to Online Content Regulations – competence to be heard.
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16 March 2026 |
| February 2026 |
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A pending Court of Appeal revision challenging leave to institute judicial review divests the High Court of jurisdiction and warrants a stay.
Judicial review — Leave as jurisdictional gateway — Effect of pending revision/appeal on subordinate court jurisdiction — Rules 5(2) and 5(6): ex parte vs inter partes leave — Section 20(3) limitation relates to instituting leave — Judicial comity and persuasive value of concurrent decisions.
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25 February 2026 |
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The applicant was granted extension because alleged jurisdictional defects and denial of hearing constituted apparent illegality.
Limitation of actions – extension of time – illegality of administrative decision as sufficient ground – requirement that illegality be apparent on face of record – judicial review leave application requirements.
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6 February 2026 |
| January 2026 |
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Leave for judicial review dismissed; subsistence and honoraria claims not properly before the High Court.
Public Service Act – jurisdiction – claims for subsistence allowances and honoraria not arising from disciplinary proceedings – wrong forum for judicial review – preliminary objection upheld; reliance on Rombo District Council & Another.
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13 January 2026 |
| December 2025 |
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Whether the High Court may grant leave to judicially review INEC’s allocation of Special Seats alleging illegality and breach of natural justice.
Administrative law – Judicial review – Leave stage as screening for arguable case – Jurisdictional objection premature where alleged breach of natural justice and excess of jurisdiction in electoral administrative act – Election petitions vs judicial review – Evidentiary requirements at leave stage (Forms 24B not always fatal).
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30 December 2025 |
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Leave granted to apply for judicial review of alleged denial of natural justice in termination of employment.
Administrative law — Judicial review — Leave to apply — Criteria: timeliness, sufficient interest, arguable/prima facie case — Natural justice — Vagueness of charges and denial of documents — New issues raised on appeal — Labour-related dismissal.
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23 December 2025 |
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Application for judicial review struck out for misjoinder: prerogative orders against President must be brought against Attorney General.
Judicial review — leave for prerogative orders (certiorari, mandamus, prohibition) — Misjoinder — Section 19 Law Reform Act and section 8(1) Presidential Affairs Act require proceedings against the President to be brought against the Attorney General — Remedy for misjoinder: amendment vs striking out — Affidavit as evidence cannot be amended at will — Court not empowered at leave stage to determine constitutionality of those statutory bars.
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17 December 2025 |
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Failure to join the Attorney General in government‑related proceedings is fatal; application struck out with costs.
Public procurement — judicial review — joinder of Attorney General — Government Proceedings Act s.11 — non‑joinder fatal — Order 1 r.10(2) Civil Procedure Code — application struck out with costs.
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11 December 2025 |
| November 2025 |
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A procurement authority may initiate debarment suo motu and is not bound by the 28‑day limit applicable to procuring entities' proposals.
Public procurement – Debarment – Distinction between debarment proposals submitted by procuring entities/third parties and debarment initiated suo motu by the regulatory Authority – Regulation 98(1) time limit applies to proposals by others, not Authority‑initiated debarments.* Administrative law – Judicial review – Illegality and procedural fairness – Right to be heard and admissibility of documents produced in appellate proceedings.* Section 125(2)(b)–(3) Public Procurement Act – Case stated by Attorney General and weight of AG opinion.
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14 November 2025 |
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An application for interim relief fails where the underlying appeal has been finally disposed, rendering the application overtaken by events.
Interim injunctions — section 2(3) Judicature and Application of Laws Act — Atilio v Mbowe tri‑test (serious question, irreparable harm, balance of convenience); effect of Ministerial determination under section 20(1)/(2) Societies Act — appeal time‑barred — doctrine of overtaken by events; admissions in affidavits binding.
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14 November 2025 |
| October 2025 |
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Leave granted for judicial review on arguable ultra vires interference by Registrar; applicant shown to have locus standi.
Judicial review — leave to apply for prerogative orders — conditions: arguable case, locus standi, timeliness, no alternative remedy; Societies Act — limits of Registrar’s intervention in internal affairs; Trustees Incorporation Act — certificate of incorporation as proof of legal personality; Fatal Accidents and Miscellaneous Provisions Rules (G.N
No. 324 of 2014) — procedure for prerogative orders
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24 October 2025 |
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The court stayed the applicants' judicial review pending resolution of a Court of Appeal revision challenging the grant of leave.
* Administrative law – prerogative orders (certiorari and prohibition) – prerequisite of leave to institute judicial review. Civil procedure – preliminary objection – limits: must be pure point of law; court may take judicial notice of pending superior court proceedings. Judicial prudence – stay of proceedings – where a superior court revision challenges the foundational leave, lower court should stay to avoid nugatory or conflicting decisions. Right to be heard – joinder and procedural challenges may be determined by the superior court seized of the revision
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17 October 2025 |
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The applicant’s challenge to the Electoral Commission’s nomination decision dismissed; section 37(6) upheld, limited judicial review preserved.
Electoral law – nomination objections – statutory finality clause (section 37(6) PPCEA) – jurisdictional ouster – compatibility with Article 74(12) of the Constitution – judicial review and supervisory jurisdiction preserved – fair hearing (Article 13(6)(a))
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15 October 2025 |
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6 October 2025 |
| September 2025 |
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Leave for judicial review denied where applicant failed to disclose material documents and show a prima facie case.
Judicial review — Leave stage — must raise prima facie/arguable case, disclose material facts and attach key documents; locus standi/public interest; alternative statutory remedies under Elections Act; failure to produce decision/resolution/recordings is fatal at leave stage.
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30 September 2025 |
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Court may grant interim status-quo orders in election petitions despite jurisdictional challenges, but petitioners must strictly substantiate prerequisites.
Constitutional law — electoral disputes — interim conservatory orders — maintenance of status quo — inherent jurisdiction of the High Court. Procedural law — preliminary objections on jurisdiction — hearing by written submissions; expedited timetable. Statutory interpretation — Basic Rights and Duties Enforcement Act s.8(4) does not oust inherent judicial powers to grant interim conservatory relief. Interim relief — prerequisites: imminent danger, greater hardship, and clearly specified status quo
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29 September 2025 |
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Leave granted to seek judicial review of Registrar’s disqualification for alleged excess of power and denial of hearing.
Judicial review — leave to apply — requirements: public‑body decision, arguable case, locus standi, promptness, exhaustion of remedies, six‑month limit Administrative law — natural justice — right to be heard where decision affects candidacy Scope of judicial review — procedural propriety versus merits Preliminary objections — overtaken by events/abuse of process — dismissed as meritless
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26 September 2025 |
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Unpaid filing fees leave electronic submissions unfiled; petition dismissed for want of prosecution.
Civil procedure — Electronic filing — filing is a process requiring payment of assessed filing fees before a document becomes part of the court file; pending-bill status is not filed. Electronic filing — control numbers and fee payment — generation of a control number without payment does not perfect filing. Procedural relief — overriding objective and Article 107A — not available to excuse inaction or neglect by counsel
Remedy — dismissal for want of prosecution where ordered submissions were not filed and no corrective steps taken
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25 September 2025 |
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Court may shorten the 14-day reply period in urgent constitutional petitions; Reply to Counter Affidavit declined.
Constitutional procedure; interpretation of 'within 14 days' as a maximum period; court's power to shorten statutory time in urgent matters; Reply to Counter Affidavit is a judicial practice not a rule-based right; affidavits as substitute for oral evidence and proper procedure for supplementary evidence.
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22 September 2025 |
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The court held that exclusion from the nomination process without a hearing violated constitutional rights and ordered the process reopened.
Constitutional law – electoral commission independence – Article 74(11) of the Constitution – fair hearing – Article 13(6)(a) – nomination process – exclusion of candidate – effect of Registrar's information – requirement for fair procedure in electoral determinations.
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11 September 2025 |
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11 September 2025 |
| August 2025 |
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Applicants failed to prove unlawful arrest or infringement of worship where the religious society had been deregistered.
Constitutional law – Freedom of religion (Article 19) subject to law; Personal liberty (Article 15) – burden of proof on claimant to show unlawful arrest/detention; Societies Act – deregistration removes legal status to act as registered society; Evidential law – unfiled video evidence inadmissible; Limitations on fundamental rights in democratic society.
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29 August 2025 |
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A constitutional petition challenging party nomination processes was struck out for failure to exhaust internal remedies and defective affidavit.
Constitutional law – locus standi – exhaustion of internal remedies – party political processes – competence of pleadings – affidavit defects – legal arguments and conclusions in affidavits – premature petitions – ouster of court jurisdiction where remedies are available under other law
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22 August 2025 |
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The court upheld the constitutionality of the Independent National Electoral Commission Act, rejecting claims of executive dominance and violations of rights.
Constitutional law – freedom of association and equality before the law – electoral commissions – independence and appointment of electoral commissioners – separation of powers – presumption of constitutionality – judicial review of statutes – interpretation of constitutional safeguards for electoral management bodies – public interest litigation
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12 August 2025 |
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7 August 2025 |
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Leave granted to the 1st applicant for judicial review of procurement decision; the 2nd applicant lacked supporting affidavits.
Judicial Review – Leave to Apply – Legal Criteria – Prima Facie Case – Procurement Law
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6 August 2025 |
| July 2025 |
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30 July 2025 |
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29 July 2025 |
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Court upholds presidential removal and appellate powers in public service and enforces mandatory exhaustion of internal remedies; petition dismissed.
Constitutional law — public service — presidential power to remove public servants in the public interest — procedural safeguards in Standing Orders and Regulations; final presidential appellate authority in public service disciplinary appeals; mandatory exhaustion of internal public service remedies before invoking labour law remedies; jurisdiction of High Court (Main Registry) to entertain judicial review of public service disciplinary decisions.
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29 July 2025 |
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18 July 2025 |
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Applicants did not demonstrate sufficient interest to challenge electoral regulations via judicial review.
Judicial review – leave to appeal – sufficient interest – stakeholders in electoral regulations.
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11 July 2025 |
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Affidavit defects can be expunged if remaining parts still support a judicial review application.
Judicial review application - Affidavit defects - Opinions and conclusions in affidavits - Expunging extraneous paragraphs.
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11 July 2025 |
| June 2025 |
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Termination of a labour officer based on disciplinary grounds upheld; proper procedures and natural justice observed.
Judicial review – Certiorari and Mandamus – Employment termination – Observance of natural justice – Proper impleading of parties.
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27 June 2025 |
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Extension refused where applicants failed to account for delay and had access to disciplinary record.
Judicial review—extension of time—requirements under section 14 Law of Limitation and Lyamuya guidelines; non‑supply of disciplinary record; apparent illegality; accounting for delay; abuse of court process.
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19 June 2025 |
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18 June 2025 |
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Interlocutory relief dismissed as purported deregistration notice lacked legal effect and official standing.
Civil Procedure – Interlocutory orders – Restraining deregistration communication – Legal prerequisites and officiality of orders
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13 June 2025 |
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Omission to file the mandatory statement under Rule 8(1)(a) renders the judicial review application incompetent.
Judicial review procedure – Rule 8(1)(a) GN No. 324 of 2014 – mandatory requirement to file chamber summons, affidavit and statement at main application stage – filing vs annexing – limits of overriding objective doctrine.
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12 June 2025 |
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Judicial review struck out as time-barred: e-filing completion accrues upon payment/control-number generation, not mere submission.
Judicial review — time limits under GN No. 324 of 2014 — electronic filing — whether filing accrues on submission or on generation of payment control number/payment of court fees — Rules 21(1) (Electronic Filing Rules) read with Rules 3 and 5(1) (Court Fees Rules) — failure to apply to Registrar under Rule 24 for exemption — application struck out as time-barred.
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11 June 2025 |
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Court overruled jurisdictional preliminary objection, finding it raised factual locus/merits issues, not a pure jurisdictional bar.
Civil procedure — Preliminary objection — jurisdiction vs facts; injunctive relief under s.2(3) Judicature and Application of Laws Act; locus standi; consideration of pleadings and annexures when deciding jurisdictional objections.
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6 June 2025 |
| May 2025 |
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A constitutional petition is incompetent where it challenges statutory illegality (not statute constitutionality) without showing alternative remedies unavailable or ineffective.
Constitutional review — scope of BRADEA jurisdiction — limited to purely constitutional matters; abuses of statutory powers where statute’s constitutionality not challenged fall outside BRADEA per Freeman Aikael Mbowe. Alternative remedies — constitutional petition is last resort; petitioner must show alternative remedies are unavailable, ineffective or inadequate before invoking BRADEA. Statutory vs constitutional complaints — distinction between illegality under statute and constitutionality per se
Retrospectivity — procedural amendment deleting single-judge competence should not be applied retrospectively where hearing concluded before amendment
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15 May 2025 |
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A public-interest constitutional challenge to committal provisions was dismissed as res judicata to a prior judgment.
Constitutional law – challenge to Criminal Procedure Act committal provisions; Res judicata – application in public interest litigation and as a preliminary objection; Preliminary inquiries/committal proceedings – finality of prior judgment and privity in public-interest cases.
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15 May 2025 |
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Applicant failed to show apparent illegality or sufficient cause to justify extension of time to set aside dismissal.
Extension of time – requirements to account for each day of delay, diligence and absence of inordinate delay; Illegality as ground for extension – must be apparent on face of record; Electronic filing technical issues – must be substantiated by affidavits from responsible officers; Dismissal for want of prosecution – lawful where party absent and court waited; Court vacation – judges may hear matters during vacation.
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13 May 2025 |
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Dowry paid in contemplation of a contracted marriage is a gift and not recoverable after dissolution.
Family law — Dowry as gift — Section 71 Law of Marriage Act — Gifts given in contemplation of marriage become absolute once marriage contracted — Customary rules on dowry recovery displaced by statute; irrelevance of lack of issue or blame for divorce.
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9 May 2025 |
| April 2025 |
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Petition struck out for failure to show personal affectation, non-exhaustion of remedies, and inclusion of a non-existent party.
Constitutional procedure — admissibility under BRADEA s.4(2) — requirement to state extent of personal affectation; Exhaustion of alternative remedies — judicial review preferable for challenges to administrative/statutory exercise of power; Non-existent party — impleading abolished office renders petition incurably defective; Misjoinder — Order I R.9/10 CPC not applicable where non-existing party central to pleadings; Petition struck out.
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9 April 2025 |
| March 2025 |
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A constitutional petition against an import levy is competent; companies have locus standi and a defective affidavit was expunged, petition proceeds.
Constitutional law – challenge to statutory levy on imports – BR ADEA s.8(2) and alternative remedies; corporate locus standi under Article 30(3) and Interpretation of Laws Act; affidavit verification — expungement for serious defects; competence of constitutional petition where supported by at least one compliant affidavit.
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28 March 2025 |