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Citation
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Judgment date
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| 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. |
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 |
| 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. |
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. |
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. |
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 |
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Applicants granted extension to seek leave for mandamus after accounting for delay and alleging arguable illegality, ten days to file leave.
Administrative law – extension of time to seek leave for mandamus – Lyamuya criteria applied; accounting for delay; alleged illegality (absence of preliminary investigation and denial of hearing) may justify extension; court should not determine merits at extension stage.
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21 March 2025 |
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Ex‑parte Ruling set aside where unauthorized, aborted virtual hearing by court officers prevented the applicants' appearance.
Civil procedure — Setting aside ex‑parte rulings (Order IX Rule 9); Remote Proceedings Rules (GN No. 637 of 2021) — requirement of court order and notice for virtual hearings; technical failure/unauthorized court officer actions can constitute sufficient cause.
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13 March 2025 |
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Judicial‑review application struck out as filed after the 14‑day deadline because fees were paid late.
Judicial review — time bar — Rule 8(1)(b) GN No. 324/2014 — inclusive reckoning from date leave granted — Electronic Filing Rules vs Court Fees Rules — filing effective only upon submission and payment of fees — lack of jurisdiction — application struck out.
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13 March 2025 |
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Court allowed rectification of a drawn order under s.96 CPC to harmonize it with the ruling; letter application was permissible.
Judgment/drawn order – variance between ruling and drawn order – clerical or accidental omission – rectification under section 96 Civil Procedure Code – permissibility of non‑formal mode of application under Order XLIII Rule 2 CPC.
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7 March 2025 |
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7 March 2025 |
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Compounding tax offences without required written admission and hearing violated the applicant’s right to fair hearing; orders quashed.
Administrative law – Judicial review – certiorari and mandamus – Compounding of offences under TAA s.92 and EAC CMA s.219 – Criminal character of compounding decisions – Requirement for clear, signed, and fully particularised charge sheets – Written admission and acceptance as conditions precedent to compounding – Right to fair hearing and natural justice – Defective compounding void ab initio.
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3 March 2025 |
| February 2025 |
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A regulatory board's deregistration decision was void for denying the appellant a 21‑day notice and fair hearing.
Administrative law – disciplinary inquiry – statutory requirement of 21‑day notice – proof of service – right to be heard/natural justice – failure to supply investigation report – procedural irregularity renders deregistration void; regulatory jurisdiction vis‑à‑vis land matters noted but procedural fairness determinative.
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24 February 2025 |
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Judicial review of military medical release dismissed for failure to exhaust statutory remedies and no breach of natural justice.
Administrative law; judicial review – prerogative orders (certiorari, mandamus, prohibition) – requirement to exhaust statutory remedies (section 63 National Defence Act) – medical release of service member – competence and procedure of statutory Medical Board – applicability of natural justice where subject medically unfit – mandamus requires public, non-discretionary duty.
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24 February 2025 |
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A Registrar’s transfer notice under s78(6) is not a notice of execution; stay applications must comply with Rule 11 and are premature otherwise.
Civil procedure – Stay of execution – Rule 11(4) and 11(7)(d) – Requirement to attach notice of intended execution issued by executing officer – Registrar's notice under Land Registration Act s78(6) not equivalent – Transfer of title distinct from execution – Inherent jurisdiction under Rule 4(2) not available where Rule 11 non-compliance and no execution pending – Application struck out as premature.
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20 February 2025 |
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Court dismissed judicial review challenging disciplinary termination and time‑bar dismissals of appeals; counter‑affidavit objection overruled.
Judicial review — prerogative writs (certiorari, mandamus, prohibition); time-barred appeals and jurisdiction; alternative remedy rule; admissibility and competence of counter-affidavit deponent; natural justice and double jeopardy in disciplinary vs criminal proceedings.
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18 February 2025 |
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Leave for judicial review denied where applicant failed to demonstrate a prima facie arguable case or produce the resignation letter.
Judicial review — Leave to apply for prerogative orders — discretionary threshold — requirement to establish a prima facie arguable case on the face of the application; Public office — effect of resignation — evidential requirement of resignation document; Procedure — necessity to attach material documents to support leave application.
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7 February 2025 |
| December 2024 |
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Judicial review quashes police dismissal for procedural illegality, unsigned charge and denial of fair hearing, ordering reinstatement.
Administrative law – Judicial review of police disciplinary action; Police General Order 106 – requirement for preliminary inquiry; Defaulters' Charge – requirement of signature; Right to fair hearing and liberty – remand of bailable offence; Bias and selective prosecution; Remedies – certiorari and mandamus.
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17 December 2024 |
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First applicant's refiled judicial review is res judicata; second and third applicants may proceed after affidavit amendment.
Civil procedure – Preliminary objection – Mukisa Biscuit test – Res judicata (s.9 Civil Procedure Act) – Abuse of court process – Notice of appeal vs. parallel proceedings – Joint affidavit/verification defect – amendment ordered.
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13 December 2024 |
| November 2024 |
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A constitutional challenge to regulations barring independent local-election candidates was dismissed as res judicata under Court of Appeal precedent.
• Constitutional procedure – Distinction between judicial review and constitutional petitions (BRADEA). • Preliminary objections – POs may refer to pleadings; must be pure points of law not requiring external evidence. • Res judicata – Court of Appeal precedent on independent candidates binds lower courts and bars relitigation. • Functus officio – prior judicial review proceedings do not automatically render a subsequent constitutional petition incompetent. • Electoral law – challenge to regulations restricting independent candidates in local government elections held non-justiciable due to res judicata.
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22 November 2024 |
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Electronic filing is completed only when prescribed court fees are paid; late payment renders the application time‑barred.
Judicial review — Electronic filing — Rule 21(1) Electronic Filing Rules — Court Fees Rules — Filing completed only upon payment of prescribed court fees — Date of filing is date fees paid — Time bar and jurisdictional consequence.
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5 November 2024 |
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Petition struck out for failing to show personal affectation required by BRADEA section 4(2).
Constitutional procedure – BRADEA s.4(2) affidavit of admissibility – requirement to state personal affectation by alleged contravention of Articles 12–29 – meaning of "admission" as condition of competency – interplay with Article 26(2) public‑interest litigation – limited exception for public‑spirited litigants/Commission – petition struck out for noncompliance.
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4 November 2024 |