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Kenya decisions
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The High Court dismissed a contempt motion over Lapfund board orders, holding the application was moot after resignations and term expiries, and was filed too late.
The High Court stayed a constitutional petition over principal secretary nominations, citing unresolved jurisdictional conflict with the ELRC and pending appellate guidance.
The court quashed the Attorney General’s advisory on conflict of interest in the Digital Super Highway procurement, holding that EACC had the proper mandate.
The Tribunal dismissed an injunction application over charged land, finding statutory notices were served, the borrower remained in default, and one parcel had already been sold.
The High Court dismissed a motion for stay and injunction pending appeal, holding it lacked jurisdiction to grant an injunction and that no valid appeal was pending under section 175(4) PPADA.
The Tribunal vacated execution warrants for lack of notice of entry of judgment, ordered reconciliation of the loan account, and allowed repayment by instalments.
The High Court allowed an appeal in a subrogation claim, holding that proof of indemnification and insurance coverage was sufficient without producing the policy document.
The High Court allowed an appeal from the Small Claims Court, holding that an unchallenged assessor’s report could prove vehicle repair costs without receipts.
Etyang alias Xaviour v Trail Link Group Ltd (Civil Suit E001 of 2026) [2026] KEMC 854 (KLR) (2 September 2026) (Judgment)
The court entered judgment for the plaintiff in a road traffic injury claim, apportioning liability 90:10, awarding damages and future medical expenses.
The High Court dismissed an appeal over a real estate commission dispute, holding the company lacked proper authority to sue and the agreement was illegal for want of a valid agent’s licence.
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