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Kenya Case Law

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Civil procedure [2026] KEHC 13464 (KLR)

Rachel Wafula v John Gachunga t/a Jowanga Enterprises

The High Court held the appeal raised points of law, found contractual privity through agency, upheld the conditional refund order, and set aside the post-judgment reporting direction.

  • Appellate jurisdiction on points of law
  • Privity of contract through agency
  • Fitness for purpose and merchantable quality
  • Inconsistent findings in judgment
  • Reasoned judgments and functus officio
  • Counterclaim and restitution
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Criminal law [2026] KEHC 13467 (KLR)

Republic v Kahindi Kitsao

The High Court at Malindi denied bail to an accused facing murder charges, finding compelling reasons based on witness interference risks and family ties.

  • Murder charge
  • Right to bail/bond
  • Compelling reasons
  • Witness interference
  • Pre-trial release
  • Pre-bail report
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Civil procedure [2026] KECA 1675 (KLR)

Harsha Atulkumar Maganlal Shah & another v Ankoor Shah & 2 others

The Court of Appeal granted extension of time after finding a 19-day filing delay was satisfactorily explained by e-filing technical failures.

  • Extension of time
  • E-filing technical failure
  • Res judicata
  • Delay in filing appeal
  • Discretion under rule 4
  • Deeming filing regularized
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Succession law [2026] KEHC 13438 (KLR)

In re Estate of Odipo (Deceased)

High Court succession ruling in the estate of Odipo (Deceased), heard at Busia before SM Mohochi, J. The provided text notes the decision was still being processed.

  • Estate administration
  • Deceased person’s estate
  • High court succession proceedings
  • Succession-law
  • Probate-and-administration
  • Estate-administration
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Civil procedure [2026] KECA 1676 (KLR)

Kurutu v Simiyu & another

Kurutu v Simiyu & another (Civil Appeal (Application) E719 of 2021) [2026] KECA 1676 (KLR)

The Court of Appeal revived an abated appeal after finding the deceased appellant’s sons showed sufficient cause, and substituted them as appellants.

  • Abatement of appeal
  • Revival of appeal
  • Substitution of deceased party
  • Limited letters of administration ad litem
  • Sufficient cause
  • Delay caused by counsel
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Civil procedure [2026] KECA 1672 (KLR)

Maara v Housing Finance Company of Kenya Ltd & another

The Court of Appeal dismissed an application to extend time for appeal because the supporting affidavit annexures were not properly marked and sealed, leaving no usable evidence.

  • Extension of time
  • Late filing of notice of appeal
  • Affidavit evidence and annexures
  • Rule 9 oaths and statutory declarations rules
  • Leave to lodge compliant application
  • Extension-of-time
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Succession law [2026] KECA 1677 (KLR)

In re Estate of Sheikh & another

The Court of Appeal held that the High Court went beyond rectification under section 74 by effectively reopening and revoking confirmed grants without an application under section 76.

  • Rectification of grant
  • Revocation/annulment of confirmed grant
  • Jurisdiction of high court
  • Fair hearing
  • Family estate property
  • First appeal review
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Civil procedure [2026] SCC 238 (KLR)

Umoja Magharibi Kenya Limited v Wafula

The Small Claims Court reviewed its earlier judgment after finding it had wrongly counted pre-disbursement M-Pesa payments as loan repayments.

  • Review of judgment
  • Error apparent on the face of the record
  • Loan repayment computation
  • Arithmetical/clerical mistake
  • M-pesa evidence
  • Review-of-judgment
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Family law [2026] KEKC 28 (KLR)

FHA v IIA

Divorce cause between FHA and IIA in the Kadhis Court at Isiolo. The judgment text provided is incomplete and notes that the decision is still being processed.

  • Divorce
  • Kadhi's court
  • Marriage dissolution
  • Kadhi-s-court
  • Marriage-dissolution
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Civil procedure [2026] KECA 1674 (KLR)

Thomas Kiplagat Bett v Hasham Lalji Properties Limited & 3 others

Application for extension of time to file a notice and record of appeal dismissed for inordinate delay and insufficient explanation under Rule 4.

  • Extension of time
  • Late filing of notice of appeal
  • Late filing of record of appeal
  • Exercise of judicial discretion
  • Inordinate delay
  • Prejudice
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