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Kenya Case Law

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Succession law [2026] KEMC 851 (KLR)

In re Estate of Kitai

In re Estate of Kitai (Succession Cause 3B of 2023) [2026] KEMC 851 (KLR) (2 September 2026) (Ruling)

The court allowed joinder in administration, appointing Samwel Gitau as co-administrator with Joyce Nekesa and rejecting a claim to sole control based on male gender.

  • Appointment of administrators
  • Intestate succession
  • Co-administration
  • Grant of letters of administration
  • Confirmation of grant
  • Male child not preferred over female child
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Criminal law [2026] KEHC 13289 (KLR)

Republic v Wafula & another

Republic v Wafula & another (Criminal Case 1034 of 2020) [2026] KEHC 13289 (KLR) (2 September 2026) (Judgment)

The court acquitted accused 2 and 3 on all counts after finding the prosecution had not proved housebreaking, stealing, or malicious damage beyond reasonable doubt.

  • Housebreaking
  • Stealing
  • Malicious damage to property
  • Alibi defence
  • Proof beyond reasonable doubt
  • Trial in absentia
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Civil procedure [2026] KEHC 13260 (KLR)

Mzame v Lalu (Suing as the administrator of the Estate of Allen Warito Lalu – Deceased) & another

Mzame v Lalu (Suing as the administrator of the Estate of Allen Warito Lalu – Deceased) & another (Civil Appeal E001 of 2020) [2026] KEHC 13260 (KLR) (2 September 2026) (Ruling)

The High Court ordered release of security held in a joint account after finding the Court of Appeal process had ended and no stay remained in force.

  • Release of security held in joint account
  • Effect of concluded appeal on security for stay
  • Fruits of judgment
  • Costs of interlocutory application
  • Stay-of-execution
  • Security-for-costs
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Civil procedure [2026] KEMC 853 (KLR)

Marpe & another (Suing as the administrators of the Estate of Ntimioe David Marpe - Deceased) v Kariuru & another

Marpe & another (Suing as the administrators of the Estate of Ntimioe David Marpe - Deceased) v Kariuru & another (Civil Case E315 of 2025) [2026] KEMC 853 (KLR) (2 September 2026) (Judgment)

Fatal accident judgment over the death of a six-year-old child. The court assessed quantum at Kshs.1,575,550 before 15% contribution and entered net judgment for the plaintiffs.

  • Quantum of damages
  • Pain and suffering
  • Loss of expectation of life
  • Loss of dependency for a deceased minor
  • Special damages strict proof
  • Contribution
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Family law [2026] KEMC 855 (KLR)

ML v VC (Children's Case E004 of 2026)

ML v VC (Children's Case E004 of 2026) [2026] KEMC 855 (KLR) (2 September 2026) (Judgment)

Children’s Case E004 of 2026 between ML and VC was delivered at the Malaba Law Courts by AZ Ogange on 2 September 2026. The decision text is still being processed.

  • Children's proceedings
  • Judgment
  • Children-law
  • Family-law
  • Childrens-proceedings
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Civil procedure [2026] KEHC 13362 (KLR)

Mick Dennis Gitonga v Nancy Odhungo

The High Court allowed an appeal from the Small Claims Court, faulting the trial court for shifting the burden of proof and accepting unproven expense claims.

  • Burden of proof
  • Evidentiary burden
  • Oral contract
  • Refund of deposit
  • Partial performance
  • Unjust enrichment
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Civil procedure [2026] KEMC 857 (KLR)

Kimutai & another Suing as the Legal Representatives and Administrators of the Estate of the Late Daniel Kiptoo Mutai - Deceased) v Transafric Motors Ltd & 2 others

Kimutai & another Suing as the Legal Representatives and Administrators of the Estate of the Late Daniel Kiptoo Mutai - Deceased) v Transafric Motors Ltd & 2 others (Civil Suit E686 of 2023) [2026] KEMC 857 (KLR) (2 September 2026) (Judgment)

Court found the 2nd and 3rd Defendants liable for a fatal road accident and awarded Kshs. 2,409,868 in damages, costs, and interest.

  • Liability in road traffic accident
  • Vicarious liability
  • Proof of ownership of motor vehicle
  • Loss of dependency
  • Pain and suffering
  • Loss of expectation of life
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Civil procedure [2026] KEHC 13378 (KLR)

Wambua v Mukhovi

Civil appeal judgment from the High Court at Machakos in Wambua v Mukhovi, heard by JWW Mong'are, J on 2 September 2026.

  • Appeal
  • Civil-procedure
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Civil procedure [2026] KEHC 13364 (KLR)

Nzuki v Holiday Cars & Tours Ltd

The High Court held that loss of user for a commercial matatu is a general damages claim proved on a balance of probabilities and awarded Kshs. 385,000.

  • Loss of user
  • Special damages versus general damages
  • Proof of business income
  • Quantum of damages
  • First appellate review
  • Loss-of-user
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Criminal law [2026] KEHC 13373 (KLR)

Peter Musa Ndunda v Republic

Criminal appeal by Peter Musa Ndunda against Republic in the High Court at Machakos. The decision is marked as still being processed, so the merits are not available.

  • Appeal
  • Judgment
  • Criminal-appeal
  • Criminal-procedure
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.