Kenya Case Law

Glajoes Enterprises Limited v Equity Bank Kenya Limited

Glajoes Enterprises Limited v Equity Bank Kenya Limited (Civil Case E1746 of 2025) [2026] KEMC 814 (KLR) (27 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Civil Case E1746 of 2025

Judge

["EM Mwamuye"]

The claim value of KShs. 18,000,000 exceeded the pecuniary limit of a Senior Resident Magistrate under section 7(1) of the Magistrates' Courts Act, so this court as then constituted lacked jurisdiction to issue the 30th April 2026 orders. However, because the Chief Magistrate's Court at Mombasa can ordinarily hear such a claim when presided over by a Chief Magistrate, the suit itself was not a nullity; only the proceedings taken before the under-competent judicial officer were void and the file had to be reallocated to a magistrate with proper jurisdiction.

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• Pecuniary jurisdiction of magistrates' courts
• Preliminary objection
• Nullity of proceedings
• Interlocutory orders
• Reallocation within magistrates' court

Munayo & 15 others v Cyka Manpower Services Ltd

Munayo & 15 others v Cyka Manpower Services Ltd (Employment and Labour Relations Cause E364 of 2021) [2026] KEMC 788 (KLR) (27 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause E364 of 2021

Judge

["EM Mwamuye"]

The court held that the applicant satisfied the requirements for a conditional stay: the delay was not so prejudicial as to defeat the motion, substantial loss was shown because recovery from 16 claimants after payment posed a real risk and the respondents did not disclose means to refund, and the applicant's proposed security was inadequate. The court therefore granted stay but only if the entire decretal sum plus taxed costs was deposited in court within 30 days; failure to comply would cause the stay to lapse automatically.

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• Stay of execution pending appeal
• Substantial loss
• Security for due performance
• Delay in filing stay application
• Authority to swear affidavit on behalf of company
• Taxed costs and decree enforcement

Rose Lelei v Sima Sacco Ltd

Court

Cooperative Tribunal

Case number

Tribunal Case E034 of 2022

Judge

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

The Tribunal reinstated a dismissed motion after finding that non-attendance was caused by CTS system downtime beyond the applicant’s control.

• Reinstatement of dismissed application
• Non-attendance due to technical hitch
• Stay of execution
• Dismissal for want of prosecution
• Use of cts/virtual court system
• Reinstatement-of-dismissed-application

Sheikh v Motrex Ltd

Sheikh v Motrex Ltd (Employment and Labour Relations Cause 245 of 2019) [2026] KEMC 783 (KLR) (27 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause 245 of 2019

Judge

["EM Mwamuye"]

The Court held that sleeping while on security duty was a serious dereliction of duty and, given the Claimant’s own admission in the disciplinary minutes, provided a valid and fair substantive reason for dismissal. However, because the Respondent issued the show-cause notice and disciplinary hearing invitation on the same day and heard the Claimant without giving reasonable time to prepare a defence, the termination was procedurally unfair under section 41 of the Employment Act. The Court therefore awarded limited compensation for procedural unfairness only and dismissed the other monetary cl…

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• Unfair termination
• Procedural fairness under section 41
• Substantive justification for dismissal
• Gross misconduct by security guard sleeping on duty
• Compensation for unfair termination
• Certificate of service

Julia Nyabola v Taiberius Oroni Juma

Court

High Court

Case number

Family Appeal E003 of 2026

Judge

["SM Mohochi"]

The High Court dismissed a chamber summons for stay after the applicant failed to serve the respondent or file submissions within court-directed timelines.

• Stay of execution
• Non-compliance with court directions
• Dismissal for want of prosecution/compliance
• Case management directions
• Written submissions
• Costs

Claudia Nekesa Wafula v Cosmos Sacco Society Ltd

Court

Cooperative Tribunal

Case number

Tribunal Case E439 of 2023

Judge

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

The Tribunal ordered Cosmos Sacco Society Ltd to refund Claudia Nekesa Wafula Kshs. 547,325, with costs and interest, after finding her claim proved.

• Refund of member deposits
• Withdrawal/resignation from sacco
• Prematurity of claim
• Costs and interest
• Technicalities of procedure
• Sacco-refund

Ambenje v Luwali & another

Ambenje v Luwali & another (Civil Case E363 of 2025) [2026] KEMC 787 (KLR) (27 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Case E363 of 2025

Judge

["EM Mwamuye"]

The Plaintiff proved on a balance of probabilities that he was a pillion passenger injured due to the rider’s loss of control of the motorcycle, and the 1st Defendant led no evidence to rebut that account or support contributory negligence. Liability was therefore apportioned 100% against the 1st Defendant. On quantum, the Court found Kshs. 850,000 fair for general damages given the single tibial plateau fracture, conservative treatment, 6% permanent disability, continuing pain and risk of arthritis, and awarded the strictly proved special damages of Kshs. 2,750 and pleaded future medical exp…

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• Negligence
• Burden of proof
• Contributory negligence
• Quantum of damages
• Special damages
• Future medical expenses

Mithika v Manpower Networks Ltd

Mithika v Manpower Networks Ltd (Environment and Land Case E601 of 2025) [2026] KEMC 809 (KLR) (27 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Environment and Land Case E601 of 2025

Judge

["EM Mwamuye"]

The Claimant failed to prove that his engagement with the Respondent was a continuous monthly contract or that it converted under section 37 into fixed employment. The documentary evidence showed signed piece-rate engagement terms, variable payments, weekly payrolls and daily engagement records consistent with work-availability-based engagement. Because the Claimant did not establish that the Respondent terminated a subsisting continuous contract on 2nd September 2024, the claims for unfair termination, notice pay, service pay and compensation failed. However, the existence of an employment r…

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• Casual employment
• Piece-rate employment
• Section 37 conversion
• Unfair termination
• Notice pay
• Service pay

Kitsao v Kiguru

Kitsao v Kiguru (Civil Case E1558 of 2022) [2026] KEMC 786 (KLR) (27 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Civil Case E1558 of 2022

Judge

["EM Mwamuye"]

The court found sufficient cause to reopen the defence case because the defendant moved promptly after closure, the lost evidence was material, and there was a pending third-party issue plus a related suit arising from the same accident; the plaintiff’s prejudice could be managed by strict directions and costs. However, the court refused a de novo trial, declined to decide the third-party application on its merits, and declined to directly transfer the matter to a named magistrate, instead directing administrative and procedural handling before any consolidation question is taken up.

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• Reopening of defence case
• Adjournment
• Fair hearing
• Case management
• Third-party joinder
• Consolidation of suits

Ruma v Proto Energy Ltd

Ruma v Proto Energy Ltd (Employment and Labour Relations Cause E591 of 2025) [2026] KEMC 781 (KLR) (27 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause E591 of 2025

Judge

["EM Mwamuye"]

The Court held that the Respondent proved a valid substantive reason for disciplinary action because the Claimant reported to an LPG safety-sensitive shift after consuming alcohol, but the dismissal was procedurally unfair because the Claimant was given an unreasonably compressed opportunity to answer the Notice to Show Cause and prepare for the hearing. The Claimant therefore succeeded only on procedural unfairness and limited monetary relief.

Source excerpt

• Unfair termination
• Summary dismissal
• Procedural fairness
• Substantive justification
• Intoxication at workplace
• Lpg safety-sensitive employment