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Kenya Case Law

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Employment law [2026] KEELRC 2439 (KLR)

PJ Dave Flora Ltd v Nyongesa (Appeal E416 of 2025)

PJ Dave Flora Ltd v Nyongesa (Appeal E416 of 2025) [2026] KEELRC 2439 (KLR) (31 August 2026) (Judgment)

The Employment and Labour Relations Court allowed the employer’s appeal after finding the respondent admitted misconduct, so the trial court’s awards could not stand.

  • Unfair termination
  • Procedural fairness in discipline
  • Admission of misconduct
  • Notice pay
  • Compensation for unfair termination
  • Costs and interest on appeal
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Employment and labour law [2026] KEELRC 2444 (KLR)

Mwangangi v H Young & Company Ltd Estate Africa Limited (Appeal E409 of 2025)

Mwangangi v H Young & Company Ltd Estate Africa Limited (Appeal E409 of 2025) [2026] KEELRC 2444 (KLR) (31 August 2026) (Judgment)

The court found the appellant was unfairly terminated when the respondent ended his employment over project completion without complying with statutory safeguards.

  • Unfair termination
  • Project-based employment
  • Notice pay
  • Compensation for unfair termination
  • Procedural fairness
  • Substantive justification
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Environment and land law [2026] KEELC 5399 (KLR)

Gladys Jebungei Rop & 4 others v Christopher Surtan & 11 others

The court upheld a preliminary objection and struck out an eviction application, holding that pending succession proceedings over the same estate property made the matter sub judice.

  • Preliminary objection
  • Sub judice
  • Lis pendens
  • Jurisdiction
  • Eviction
  • Abuse of process
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Land law [2026] KEELC 5374 (KLR)

Ogutu v Opere

Ogutu v Opere (Environment and Land Appeal E029 of 2023) [2026] KEELC 5374 (KLR) (31 August 2026) (Judgment)

The court allowed the appeal, set aside the eviction and caution-removal orders, and dismissed the respondent’s suit, holding trespass was not proved.

  • Title to land
  • Customary trust
  • Trespass to land
  • Caution removal
  • Eviction
  • First appeal re-evaluation
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Constitutional law [2026] KEHC 13182 (KLR)

Yego & 10 others v Siteinei & 5 others

Yego & 10 others v Siteinei & 5 others (Petition E023 of 2022) [2026] KEHC 13182 (KLR) (31 August 2026) (Judgment)

The High Court held it was functus officio after adopting an arbitral award and lacked jurisdiction to revisit it. The stay application failed with the main relief.

  • Preliminary objection
  • Jurisdiction
  • Functus officio
  • Arbitral award adoption
  • Remission/clarification of award
  • Section 34 arbitration act
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Civil procedure [2026] KEHC 13180 (KLR)

Kiplangat v Tuwei & another

Kiplangat v Tuwei & another (Civil Appeal E256 of 2025) [2026] KEHC 13180 (KLR) (31 August 2026) (Judgment)

The High Court set aside an ex parte small claims judgment, holding that the appellant had not been properly heard and ordering a retrial before a different adjudicator.

  • Setting aside ex parte/default judgment
  • Right to fair hearing
  • Regular versus irregular judgment
  • Service of process
  • Electronic evidence
  • Trial discretion
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Civil procedure [2026] KEHC 13185 (KLR)

Ngure v Lelei

Ngure v Lelei (Civil Appeal 101 of 2020) [2026] KEHC 13185 (KLR) (31 August 2026) (Judgment)

The High Court dismissed a personal injury appeal, holding that contradictory evidence on the vehicle and accident location meant liability was not proved.

  • Burden of proof
  • Identity of motor vehicle
  • Contradictory police records
  • First appellate court re-evaluation
  • Res ipsa loquitur
  • Quantum of damages
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Judicial review [2026] KEHC 13194 (KLR)

Fortune Sacco Ltd v Principal Magisrate Court – Wang’uru & 2 others

Fortune Sacco Ltd v Principal Magisrate Court – Wang’uru & 2 others (Judicial Review E002 of 2025) [2026] KEHC 13194 (KLR) (31 August 2026) (Ruling)

The High Court ordered release of an attached motor vehicle pending judicial review, holding that continued storage and auctioneers’ charges could cause irreparable prejudice.

  • Temporary injunction in judicial review
  • Release of attached motor vehicle
  • Warrants of attachment and expiry
  • Auctioneer’s charges
  • Supplemental proceedings
  • Jurisdiction of magistrates court in sacco-member disputes
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Land law [2026] KEELC 5362 (KLR)

Nyagowa v Olum & 2 others

Nyagowa v Olum & 2 others (Environment and Land Appeal E007 of 2026) [2026] KEELC 5362 (KLR) (31 August 2026) (Judgment)

The appeal succeeded after the court held that the refusal of temporary injunction turned on contested co-ownership and succession issues that should not have been finally decided at interlocutory stage.

  • Temporary injunction
  • Prima facie case
  • Joint tenancy vs tenancy in common
  • Survivorship (jus accrescendi)
  • Intermeddling with estate property
  • Constructive trust
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Civil procedure [2026] KEHC 13382 (KLR)

Peesam Limited v Procurement Regulatory Board & 3 others

The High Court dismissed a post-judgment motion for stay and injunction pending appeal, holding that the judgment was negative and no jurisdiction existed to grant the relief sought.

  • Stay of execution pending appeal
  • Injunction pending appeal
  • Negative orders
  • Jurisdiction of the high court
  • Order 42 rule 6 civil procedure rules
  • Rule 5(2)(b) court of appeal rules
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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.