Who litigates

Repeat players and one-shot litigants across 99,603 judgments. Government, regulators, state corporations and county governments appear again and again — and because they do, their record is measurable, and so is the argument they will run.

Party

41,208 distinct parties · ranked by appearances · showing the top 9

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99,603
Judgments analysed
41,208
Distinct parties named
33,791
Parties that appear once only
17,928
Judgments with a state party
7
Median appearances per repeat player
35,086
Appearances by the top nine alone

Counts are of distinct parties, not of cases: a single party can appear in hundreds of judgments, and a party is counted once per judgment. Figureheads are consolidated, so “the Hon. Attorney-General”, “the Attorney-General of Kenya” and “the State” are one party.

Repeat players

Most frequent litigants

Ranked by appearances across the corpus. Win rate counts a matter in a party's favour where the recorded outcome favours it — for a defendant, that includes a dismissal, a striking out, and a claim withdrawn with costs.

Director of Public ProsecutionsGovernment
12,904 cases·79% conviction rate·Median 9 months to judgment

Prosecutes almost every criminal matter in the corpus, in the magistrates' courts and on appeal. Convictions are secured in 79% of the cases that reach judgment; appeals against conviction succeed in 14%.

criminalprosecution
See 12,904 cases →
Office of the Attorney-GeneralGovernment
9,412 cases·41% win rate·Most often sued over land

Acts for the national government and its ministries in constitutional petitions, land, procurement, tax and prison conditions. The government loses more than half of the constitutional petitions it defends — an important figure if you are pleading against it.

constitutionallandadministrative
See 9,412 cases →
Kenya Revenue AuthorityState corporation
3,108 cases·62% win rate·Tax appeals

Defends assessments in the Tax Appeals Tribunal and on appeal. The Authority wins most contests on procedure, limitation and the burden of proof, and loses the larger part of the substantive assessments it chooses to appeal.

taxadministrative
See 3,108 cases →
County governments (all 47)County
2,914 cases·38% win rate·Employment and land

Counties are sued more often than they sue: employment claims by former staff, land disputes over public plots, and procurement challenges. Nairobi City County alone accounts for 2,214 of these matters.

county governmentemploymentland
See 2,914 cases →
National Social Security FundState corporation
1,842 cases·55% win rate·ELRC and High Court

Pension and contribution disputes, decided mostly in the Employment and Labour Relations Court. The same sections of the NSSF Act are argued again and again, which gives the Fund a deep but uneven record.

pensionsemploymentstatutory interpretation
See 1,842 cases →
Kenya Power & Lighting Company PLCState corporation
1,412 cases·46% win rate·Land, easements and injury

Wayleaves, easements over private land, electrocution and burns claims, and a steady line of employment disputes. The Company loses most of the easement cases that go to full hearing.

landtortemployment
See 1,412 cases →
Independent Electoral and Boundaries CommissionRegulator
1,328 cases·61% win rate·Election petitions and boundaries

Named in every election cycle: nominations, results, boundary reviews and procurement. The Commission's record improves sharply on appeal, which is where its counsel are most often instructed.

electionsadministrativeconstitutional
See 1,328 cases →
Communications Authority of KenyaRegulator
1,204 cases·58% win rate·Licensing and spectrum

Licensing, spectrum allocation and broadcast compliance, and the judicial review applications that follow. The leading decision remains Communications Commission of Kenya & 5 others v Royal Media Services & 5 others (2014).

media lawadministrativejudicial review
See 1,204 cases →
Safaricom PLCCorporate
962 cases·71% win rate·Consumer, tax and land

The most litigious private company in the corpus, almost always as defendant in consumer and employment claims and as appellant in tax matters. It settles before judgment in a large share of the smaller claims, which is why its win rate reads high.

telecommunicationsconsumertax
See 962 cases →
By court

Where repeat players appear

Repeat players differ by court, because the work differs. These are the parties each court sees most often, and how they fare there.

CourtMost frequent litigantAppearancesWin rateNote
Supreme CourtOffice of the Attorney-General5844%Including 12 certification applications
Court of AppealOffice of the Attorney-General41239%Mostly land, tax and employment appeals
Court of AppealSafaricom PLC9668%All but nine as respondent
High CourtDirector of Public Prosecutions8,20681%Criminal appeals and revisions
Employment and Labour Relations CourtNational Social Security Fund60455%Pension and contribution claims
Environment and Land CourtCounty governments1,11834%Public land and wayleaves
High CourtKenya Revenue Authority74264%Judicial review of assessments

A party is counted once per judgment, however many times it is named, and figureheads are consolidated: “the Hon. Attorney-General”, “the Attorney-General of Kenya” and “the State” count as one party. “Republic” as prosecutor is separate from the Attorney-General as civil defendant.

The top of the system

Repeat players at the Supreme Court

Institutional memory matters most where the docket is smallest. At the Supreme Court, a handful of parties appear so often that the Court knows their arguments before they are made.

The Supreme Court hears 312 matters in this corpus, and a small group of parties accounts for a large share of them. Seven institutional litigants appear in 122 of the 312 decisions — 39% of the Court's entire docket. They are the Attorney-General, the electoral commission, the revenue authority, the land commission, Safaricom, the Council of Governors and Kenya Airways.

Appearing often changes the shape of a case. A repeat player knows the Court's practice on certification, prepares the record to the standard the Court expects, and can afford to argue a point of law of general public importance rather than settle. Its counsel also know, from experience, which of the Court's decisions are likely to be distinguished — and brief accordingly.

PartyAppearancesCertification soughtLeave grantedWin rate
Office of the Attorney-General589644%
Independent Electoral and Boundaries Commission2111862%
Kenya Revenue Authority145350%
National Land Commission94233%
Safaricom PLC83138%
Council of Governors75457%
Kenya Airways PLC50020%

These figures cover the Court's appellate and review work. Advisory opinions are counted separately, because the Court sits in a different jurisdiction and there is no losing party.

The other side

The one-shot majority

Most parties in the corpus have one case, one judge and one outcome. The corpus still tells them something: how the party opposite has behaved in the past.

Repeat players are the visible minority. 82% of the parties in this corpus appear exactly once: an individual, a small company, an estate, sued or suing and never seen again. One appearance means one record, no institutional memory, and no way to learn from the last time — which is precisely why the figures on this page exist.

Individual litigants are also the group most likely to lose on a procedural point rather than on the merits: want of jurisdiction, a time bar, a missing statutory notice. Those points are settled law, and a repeat player will have met them before.

82%
Parties that appear once
33,791
One-shot litigants in total
35%
Of them are individuals
4,318
Parties appearing five times or more