Kenya Case Law

Republic v Kaunga & another

Republic v Kaunga & another (Criminal Case E025 of 2026) [2026] KEHC 13279 (KLR) (1 September 2026) (Ruling)

Court

High Court

Case number

Criminal Case E025 of 2026

Judge

["JK Sergon"]

The High Court held that Mike Mbuvi Sonko had no legal standing to participate as a victim representative, but gave limited directions to protect the minor and fair trial rights.

• Victim standing and participation
• Presumption of innocence
• Public commentary and gag orders
• Protection of minor child identity
• Scope of victim protection act and rules
• Victim-participation

In re Estate of Odhiambo (Deceased)

In re Estate of Odhiambo (Deceased) (Succession Cause E030 of 2021) [2026] KEHC 13222 (KLR) (1 September 2026) (Judgment)

Court

High Court

Case number

Succession Cause E030 of 2021

Judge

["JK Sergon"]

The High Court at Nakuru held that Nakuru Municipality Block 29/41 was not proved to be part of the deceased’s estate and excluded it from distribution.

• Confirmation of grant
• Free property of the deceased
• Protest to confirmation
• Title to land
• Bona fide purchaser
• Fraud in land registration

Talent Works and Rights Enforcement Agency v Kenya Copyright Board & Attorney General

Court

High Court

Case number

Petition 90 of 2020

Judge

["RE Aburili"]

The High Court struck out a constitutional petition by a copyright enforcement agency, finding the Attorney General was not a necessary party and the dispute was really defamation.

• Right to access information
• Right of access to justice
• Doctrine of constitutional avoidance
• Misjoinder and non-joinder of parties
• Defamation disguised as constitutional petition
• Copyright enforcement and prosecution powers

Managing Director & Chief Executive, Kenya Power & Lighting Company Plc & 2 others v Public Procurement Administrative Review Board & 11 others; Hounslow Security Limited & 4 others (Ex parte)

Court

High Court

Case number

Judicial Review E262 of 2026

Judge

["WM Musyoka"]

The High Court dismissed consolidated judicial review challenges to a procurement review decision, holding that PPARB stayed within the pleaded dispute and that the tender defects affected both classes.

• Scope of review before pparb
• Pleadings and issues in administrative review
• Natural justice and right to be heard
• Ultra vires and jurisdiction
• Tender evaluation criteria
• Severability of procurement lots/classes

Kagali v Yalaist & another

Kagali v Yalaist & another (Environment and Land Appeal E021 of 2024) [2026] KEELC 5364 (KLR) (31 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E021 of 2024

Judge

["EK Wabwoto"]

The appeal was partly allowed. The court upheld refusal of specific performance and cancellation of title, but added Kshs. 170,000 for proved litigation expenses.

• Specific performance
• Fraud in land registration
• Constructive trust
• Restitution and unjust enrichment
• Special damages
• Effect of criminal conviction on civil claims

JJK v FKK (Family Originating Summons E005 of 2025)

JJK v FKK (Family Originating Summons E005 of 2025) [2026] KEHC 13177 (KLR) (31 August 2026) (Ruling)

Court

High Court

Case number

Family Originating Summons E005 of 2025

Judge

["PN Gichohi"]

Ruling in a family originating summons between JJK and FKK at the High Court in Nakuru. The decision text is not yet processed, so substantive issues are unavailable.

• Originating summons
• Family-law
• Originating-summons

Olang’ v Chimba & another (Enviromental and Land Originating Summons E048 of 2026)

Olang’ v Chimba & another (Enviromental and Land Originating Summons E048 of 2026) [2026] KEELC 5352 (KLR) (31 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E048 of 2026

Judge

["EK Wabwoto"]

The court struck out an adverse possession suit and interim injunction application, holding the matter was an abusive attempt to relitigate issues already determined.

• Adverse possession
• Res judicata
• Sub judice
• Abuse of process
• Preliminary objection
• Interlocutory injunction

Kingiri v Surtech Ltd & another (Appeal E030 of 2025)

Kingiri v Surtech Ltd & another (Appeal E030 of 2025) [2026] KEELRC 2440 (KLR) (31 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E030 of 2025

Judge

["M Mbarũ"]

The court allowed the appeal, held that non-payment of salary and failure to regularize the employment relationship amounted to constructive unfair dismissal, and awarded compensation and notice pay.

• Constructive dismissal
• Unfair termination
• Salary non-payment
• Abscondment of duty
• Notice pay
• Compensation for unfair dismissal

Kiprono & another (On their own behalf and on behalf of the Estate of the Late Annita Jepkorir Chirchir) v Moi Teaching & Referral Hospital & 5 others

Kiprono & another (On their own behalf and on behalf of the Estate of the Late Annita Jepkorir Chirchir) v Moi Teaching & Referral Hospital & 5 others (Petition E016 of 2025) [2026] KEHC 13174 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Petition E016 of 2025

Judge

["RN Nyakundi"]

The High Court partly upheld a preliminary objection, struck out claims against the hospital and doctors, but allowed the petition to proceed against the Council on its process.

• Doctrine of exhaustion
• Constitutional avoidance
• Preliminary objection
• Joinder of parties
• Res judicata
• Right to fair administrative action

Thuo. & another v Attorney General & 5 others

Thuo. & another v Attorney General & 5 others (Constitutional Petition E017 of 2025) [2026] KEHC 13175 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Constitutional Petition E017 of 2025

Judge

["RN Nyakundi"]

The High Court dismissed a constitutional petition seeking to stop investigation and prosecution over alleged forgery linked to an estate and land dispute.

• Bill of rights enforcement
• Prosecutorial discretion
• Police investigations
• Forgery and fraud allegations
• Privacy and communications surveillance
• Abuse of process