["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]
The Tribunal set aside a dismissal for non-attendance after finding that a CTS system failure prevented the Applicant from joining the hearing, and reinstated the motion.
Lorna v Cofftea Limited & another (Environment and Land Case E438 of 2025) [2026] KEMC 810 (KLR) (27 August 2026) (Judgment)
Court
Magistrate's Court
Case number
Environment and Land Case E438 of 2025
Judge
["EM Mwamuye"]
The Claimant proved an employment relationship with Tradco Services Limited, proved that her employment ended before the fixed-term contract expiry, and no valid reason or disciplinary process was shown by the Respondents. The termination was therefore substantively and procedurally unfair. However, the court rejected the pleaded salary of KShs. 33,360 and relied on the written contract salary of KShs. 21,000, awarded notice pay, pro-rated leave and four months' compensation, dismissed the public holiday claim for want of proof, and held Tradco Services Limited solely liable.
["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]
The Tribunal set aside a dismissal for want of prosecution after finding the non-attendance was caused by CTS system downtime beyond the applicant’s control.
["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]
The Tribunal entered judgment on admission for the claimant, holding the respondent was a member of the society and limiting recovery to Kshs. 45,000,000 under section 44A.
Alusa v Kerubo t/a Ogoti & Co. Advocates (Civil Case E006 of 2025) [2026] KEMC 780 (KLR) (27 August 2026) (Ruling)
Court
Magistrate's Court
Case number
Civil Case E006 of 2025
Judge
["EM Mwamuye"]
The Court found that although there was delay, it was not fatal given the prompt filing of the appeal and related steps. The Applicant established a sufficient risk of substantial loss because the decree was for money, the Respondent had not provided affidavit evidence of her ability to refund the decretal sum, and execution could prejudice restitution if the appeal succeeded. The Court therefore granted stay on condition that the full decretal amount be deposited in court within 30 days.
Mmbaya v Excellent Security Services Ltd (Employment and Labour Relations Cause E212 of 2024) [2026] KEMC 785 (KLR) (27 August 2026) (Ruling)
Court
Magistrate's Court
Case number
Employment and Labour Relations Cause E212 of 2024
Judge
["EM Mwamuye"]
The judgment was founded on a materially different factual matrix from the pleadings and evidence on record, and those mistaken facts directly informed the findings on substantive justification and procedural fairness; that constitutes an error apparent on the face of the record, not a mere clerical slip, and it materially affected the judgment, warranting review and setting aside.
Murimi & 2 others (p/a Murimi, Ndumia, Mbago and Muchela Advocates) v APA Insurance Co. Ltd (Miscellaneous Civil Application E363 of 2025) [2026] KEHC-DR 16 (KLR) (26 August 2026) (Ruling)
Court
High Court (DR)
Case number
Miscellaneous Civil Application E363 of 2025
Judge
["LA Mumassabba"]
The matter’s subject value could not be determined from the record, so the taxing officer applied Schedule 7 of the Advocates Remuneration Order, 2014. Considering the nature of the matter and the applicable principles, the claimed instruction fee of Kshs.65,000 was excessive and was taxed down by Kshs.15,000. Attendances and disbursements were allowed as drawn because they were reasonable and supported. Applying advocate-client scaling and VAT, the bill was taxed at Kshs.177,906.30.
Murimi & 2 others p/a Murimi, Ndumia, Mbago and Muchela Advocates v APA Insurance Company Ltd (Miscellaneous Civil Application E269 of 2025) [2026] KEHC 13124 (KLR) (26 August 2026) (Ruling)
Court
High Court
Case number
Miscellaneous Civil Application E269 of 2025
Judge
["LA Mumassabba"]
The subject matter value was not determinable, so Schedule 7(2) applied. Considering the nature of the matter and the applicable principles on reasonableness, the court found the requested instruction fee excessive and reduced it to Kshs. 50,000.00. Unsupported attendances 12 and 15 were disallowed, while supported service items and disbursements were allowed, resulting in a taxed total of Kshs. 125,815.00.
Source excerpt
Instruction fees
Schedule 7(2) of the advocates remuneration (amendment) order 2014