Kenya Case Law

New Titanic Jacaranda General Spares v Omil & another

New Titanic Jacaranda General Spares v Omil & another (Commercial Case E095 of 2026) [2026] SCC 235 (KLR) (31 August 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E095 of 2026

Judge

["AZ Ogange"]

The Small Claims Court at Malaba found the claim was founded on an employment relationship, excluded by section 13(5), and struck out the suit for want of jurisdiction.

• Small claims court jurisdiction
• Employment-related dispute exclusion
• Preliminary objection
• Striking out for want of jurisdiction
• Costs
• Small-claims-court-jurisdiction

Maleya v OCS Kangemi Police Station & another

Court

High Court

Case number

Judicial Review E284 of 2026

Judge

["WM Musyoka"]

The High Court declined interim injunction and prohibition against police investigations, finding the application had been overtaken by events and dismissing the motion.

• Injunction
• Prohibition
• Police investigations
• Prosecutorial discretion
• Overtaken by events
• Interlocutory relief

Republic v Mulongo alias Longo

Republic v Mulongo alias Longo (Criminal Case E010 of 2024) [2026] KEHC 13190 (KLR) (31 August 2026) (Judgment)

Court

High Court

Case number

Criminal Case E010 of 2024

Judge

["REA Ougo"]

The High Court at Bungoma convicted Joseph Mulongo alias Longo of murder after finding that PW1 recognised him attacking the deceased with a panga and forensic evidence matched the deceased's blood.

• Murder
• Malice aforethought
• Recognition evidence
• Dna/forensic evidence
• Mental fitness to plead
• Post-mortem evidence

Nderitu t/a Jogan Dries Auctioneers & another v Hirsi & 2 others

Nderitu t/a Jogan Dries Auctioneers & another v Hirsi & 2 others (Environment and Land Appeal E154 of 2025) [2026] KEELC 5373 (KLR) (31 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E154 of 2025

Judge

["EK Wabwoto"]

The appeal succeeded. The ELC set aside a miscellaneous ruling that had granted joinder, mandatory injunctions, and contempt findings arising from distress for rent.

• Distress for rent
• Miscellaneous application competence
• Spent orders and functus officio
• Mandatory injunctions
• Standard of proof in contempt
• Attachment of unproclaimed goods

Mutuku v Zheng Hong (K) Limited (Appeal E356 of 2025)

Mutuku v Zheng Hong (K) Limited (Appeal E356 of 2025) [2026] KEELRC 2443 (KLR) (31 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E356 of 2025

Judge

["M Mbarũ"]

The court held that the termination was unfair because the employer’s operational shutdown amounted to redundancy without compliance with statutory procedure.

• Unfair termination
• Redundancy
• Procedural fairness
• Substantive fairness
• Notice pay
• Compensation for unfair termination

Nderitu t/a Jogan Dries Auctioneers & another v Hirsi & 2 others

Nderitu t/a Jogan Dries Auctioneers & another v Hirsi & 2 others (Environment and Land Appeal E150 of 2025) [2026] KEELC 5358 (KLR) (31 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E150 of 2025

Judge

["EK Wabwoto"]

The appeal was allowed in part. The court upheld joinder of an interested party, but set aside contempt findings and narrowed relief to restoration of goods taken outside the proclamation.

• Distress for rent
• Police assistance to auctioneer
• Proclamation and attachment of movable property
• Miscellaneous application procedure
• Joinder of interested party
• Mandatory injunction

Owour v Kenya Revenue Authority & 4 others

Owour v Kenya Revenue Authority & 4 others (Petition E232 of 2026) [2026] KEELRC 2442 (KLR) (31 August 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E232 of 2026

Judge

["M Mbarũ"]

The court dismissed an application to suspend a termination letter, holding that the relief sought would amount to interim reinstatement without exceptional circumstances.

• Interlocutory injunction
• Reinstatement pending hearing
• Summary dismissal
• Fair hearing
• Fair administrative action
• Burden for prima facie case

Mutisya & 6 others v Munala & 2 others

Court

Cooperative Tribunal

Case number

Tribunal Case E742 of 2019

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The tribunal allowed an application to amend pleadings, finding the changes necessary to reflect current parties, deductions, and issues without shown prejudice.

• Amendment of pleadings
• Joinder of parties
• Leave to amend statement of claim
• Costs in the cause
• Prejudice from amendment
• Real issues in controversy

Fortune Sacco Society Ltd v Kinyua

Fortune Sacco Society Ltd v Kinyua (Tribunal Case E038 of 2024) [2026] KECOPT 333 (KLR) (27 August 2026) (Judgment)

Court

Cooperative Tribunal

Case number

Tribunal Case E038 of 2024

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "M Chesikaw", "PO Aol"]

The Cooperative Tribunal entered judgment for Fortune Sacco after formal proof, finding the respondent defaulted on four loans and awarding the claimed sum, costs, and interest.

• Formal proof
• Loan default
• Burden of proof
• Interlocutory judgment
• Proof of debt
• Formal-proof

Oucho v JK Mwarandu & Company Advocates & another

Oucho v JK Mwarandu & Company Advocates & another (Environment and Land Case 6 of 2023) [2026] KEMC 808 (KLR) (27 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Environment and Land Case 6 of 2023

Judge

["EM Mwamuye"]

The injunction of 28th November 2024 was clear, valid and known to the Respondents, but the Applicant failed to prove with the required heightened standard that the alleged eviction related to the specific property protected by that order, occurred after the order, and was deliberately procured or authorised by the Respondents. The evidence was too uncertain, particularly on the identity of the property and the date and circumstances of the alleged breach, and contempt could not be founded on speculation.

Source excerpt

• Enforcement of injunctions
• Knowledge of court orders
• Wilful disobedience
• Identity of disputed property
• Magistrates' court contempt jurisdiction
• Execution and eviction