Kenya Case Law

Omollo & 2 others v County Government of Kisumu & 6 others

Omollo & 2 others v County Government of Kisumu & 6 others (Environment and Land Petition E004 of 2026) [2026] KEELC 5361 (KLR) (31 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Petition E004 of 2026

Judge

["EK Wabwoto"]

The court dismissed a preliminary objection and granted conservatory orders partly preserving public housing tenants from eviction, repossession, and adverse classification pending the petition.

• Conservatory orders
• Preliminary objection
• Exhaustion of remedies
• Fair administrative action
• Right to information
• Public housing tenancy renewal

Aringo v Blue Nile Rolling Mills (Appeal E165 of 2025)

Aringo v Blue Nile Rolling Mills (Appeal E165 of 2025) [2026] KEELRC 2438 (KLR) (31 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E165 of 2025

Judge

["M Mbarũ"]

The appeal succeeded because no mandatory disciplinary hearing was shown. The court held the termination unfair, set aside the trial judgment, and awarded compensation, notice pay, dues and costs.

• Unfair termination
• Summary dismissal
• Disciplinary hearing
• Section 41 procedural fairness
• Compensation for unfair termination
• Notice pay

Kenya Electricity Transmission Co Ltd (KETRACO) v Obonyo & another

Kenya Electricity Transmission Co Ltd (KETRACO) v Obonyo & another (Environment and Land Appeal E100 of 2025) [2026] KEELC 5353 (KLR) (31 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E100 of 2025

Judge

["EK Wabwoto"]

The court allowed KETRACO’s appeal, set aside a trespass award over power lines on land in Kisumu, and dismissed the respondents’ cross-appeal.

• Trespass to land
• Continuing trespass
• Jurisdiction of magistrates' courts in land disputes
• Admissibility of electronic and public documents
• Standard and burden of proof
• Assessment of damages

Kasanduku v Chege (Appeal E227 of 2025)

Kasanduku v Chege (Appeal E227 of 2025) [2026] KEELRC 2436 (KLR) (31 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E227 of 2025

Judge

["M Mbarũ"]

The Employment and Labour Relations Court dismissed the appeal because the Record of Appeal omitted the trial judgment and decree, making the appeal incompetent.

• Incomplete record of appeal
• Dismissal of appeal
• Termination of employment
• Gross misconduct
• Underpayment
• Special damages

Kipkoros t/a Riverside v County Chairman Liquor Licencing Committee — Uasin Gishu County & 2 others

Kipkoros t/a Riverside v County Chairman Liquor Licencing Committee — Uasin Gishu County & 2 others (Constitutional Petition 9 of 2019) [2026] KEHC 13183 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Constitutional Petition 9 of 2019

Judge

["RN Nyakundi"]

The High Court allowed an unopposed motion seeking certification of a money judgment and taxed costs against Uasin Gishu County under section 21 of the Government Proceedings Act.

• Certificate of order against the government
• County government execution immunity
• Taxation of costs
• Mandamus as enforcement remedy
• Section 21 government proceedings act
• Correction of decrees under section 99 civil procedure act

Republic v Directorate of Criminal Investigations & 3 others; Weru (Ex parte Applicant)

Republic v Directorate of Criminal Investigations & 3 others; Weru (Ex parte Applicant) (Judicial Review Application E079 of 2023) [2026] KEHC 13189 (KLR) (31 August 2026) (Ruling)

Court

High Court

Case number

Judicial Review Application E079 of 2023

Judge

["EM Muriithi"]

The High Court held that an intermediary, counsel, and medical accommodations were sufficient for a fair trial, and allowed the magistrate’s trial to proceed.

• Fair trial rights
• Article 50 constitution
• Intermediary in criminal trial
• Fitness to stand trial
• Disability accommodation
• Certiorari and prohibition

Irungu v Diageo Kenya Ltd & 7 others

Irungu v Diageo Kenya Ltd & 7 others (Constitutional Petition E025 of 2026) [2026] KEHC 13192 (KLR) (Commercial and Tax) (31 August 2026) (Ruling)

Court

High Court

Case number

Constitutional Petition E025 of 2026

Judge

["F Gikonyo"]

The High Court granted a limited status quo order over the Diageo–Asahi transaction, found the petitioner had locus standi, and declined to uphold the preliminary objection.

• Conservatory orders
• Status quo order
• Jurisdiction
• Doctrine of exhaustion
• Constitutional avoidance
• Locus standi

Obulinji v Agengo (Sued as the Administratrix Ad Litem of the Estate of Yusuf Gero Agengo - Deceased)

Obulinji v Agengo (Sued as the Administratrix Ad Litem of the Estate of Yusuf Gero Agengo - Deceased) (Environment and Land Case 186 of 2017) [2026] KEELC 5370 (KLR) (31 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 186 of 2017

Judge

["EK Wabwoto"]

The court dismissed an application to set aside ex parte proceedings, holding that the alleged virtual hearing hitch was unproven and the proposed abatement defence was untenable.

• Setting aside ex parte orders
• Virtual court technical hitch
• Right to fair hearing
• Substitution of deceased party
• Abatement and revival of suit
• Collateral attack on court orders

AO (Suing through the father and next friend CO) v Board of Management Dagoretti High School & 3 others

Court

High Court

Case number

Judicial Review E208 of 2026

Judge

["WM Musyoka"]

Judicial review matter by AO against Dagoretti High School management and education officials, arising from school discipline and student-rights issues.

• School discipline
• Student rights
• Administrative action
• Judicial-review
• Education-law
• School-discipline

Mediheal Hospital & Fertility Centre Ltd v NCBA Bank Kenya PLC & 2 others

Mediheal Hospital & Fertility Centre Ltd v NCBA Bank Kenya PLC & 2 others (Commercial Case E003 of 2024) [2026] KEHC 13176 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Commercial Case E003 of 2024

Judge

["RN Nyakundi"]

The High Court held NCBA Leasing LLP owned the medical equipment, found the plaintiff in breach of the lease, and set aside irregular March 2024 repossession proclamations.

• Financial lease
• Ownership of leased equipment
• Breach of lease terms
• Termination notice service
• Repossession without court order
• Auctioneers rules compliance