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Kenya Case Law

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Co-operative law [2026] KECOPT 342 (KLR)

Lumike v Sima Sacco Ltd

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.

  • Setting aside dismissal for want of prosecution
  • Reinstatement of application
  • Tribunal discretion
  • Technical failure of court system
  • Stay of execution
  • Costs
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Employment and labour law [2026] KEMC 810 (KLR)

Lorna v Cofftea Limited & another

Lorna v Cofftea Limited & another (Environment and Land Case E438 of 2025) [2026] KEMC 810 (KLR) (27 August 2026) (Judgment)

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.

  • Unfair termination
  • Substantive and procedural fairness
  • Contractual employment relationship
  • Notice pay
  • Accrued annual leave
  • Public holidays pay
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Co-operative law [2026] KECOPT 351 (KLR)

Cherutich Truphine Jepkuto v Sima Sacco Ltd

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.

  • Reinstatement of dismissed application
  • Setting aside dismissal for want of prosecution
  • Stay of execution
  • Technical system failure
  • Exercise of judicial discretion
  • Reinstatement-of-dismissed-application
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Cooperative law [2026] KECOPT 338 (KLR)

Amica Savings & Credit Society Ltd v Kigio Group Company Ltd

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.

  • Jurisdiction of the cooperative tribunal
  • Judgment on admission
  • Loan default
  • Membership in a cooperative society
  • In duplum rule
  • Interest limitation
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Civil procedure [2026] KEMC 780 (KLR)

Alusa v Kerubo t/a Ogoti & Co. Advocates

Alusa v Kerubo t/a Ogoti & Co. Advocates (Civil Case E006 of 2025) [2026] KEMC 780 (KLR) (27 August 2026) (Ruling)

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.

  • Stay of execution pending appeal
  • Substantial loss
  • Unreasonable delay
  • Security for due performance
  • Conditional stay
  • Money decree
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Civil procedure [2026] KEMC 785 (KLR)

Mmbaya v Excellent Security Services Ltd

Mmbaya v Excellent Security Services Ltd (Employment and Labour Relations Cause E212 of 2024) [2026] KEMC 785 (KLR) (27 August 2026) (Ruling)

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.

  • Review of judgment
  • Error apparent on the face of the record
  • Slip rule
  • Procedural fairness in termination
  • Substantive justification for dismissal
  • Unfair termination
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Case law [2026] KEMC 771 (KLR)

Republic v Olenatie

Republic v Olenatie (Criminal Case E110 of 2026) [2026] KEMC 771 (KLR) (27 August 2026) (Judgment)

[2026] KEMC 771 (KLR)

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Children law [2026] KEMC 778 (KLR)

In re ER (Minor) (Children's Case E010 of 2026)

In re ER (Minor) (Children's Case E010 of 2026) [2026] KEMC 778 (KLR) (26 August 2026) (Judgment)

The judgment body is unavailable. No ratio can be extracted from the processed heading alone.

  • Minor representation
  • Judgment processing status
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Civil procedure [2026] KEHC-DR 16 (KLR)

Murimi & 2 others (p/a Murimi, Ndumia, Mbago and Muchela Advocates) v APA Insurance Co. Ltd

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)

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.

  • Taxation of advocate-client bill of costs
  • Instruction fees
  • Discretion of taxing officer
  • Vat on legal fees
  • Reasonableness of costs
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Advocates' remuneration [2026] KEHC 13124 (KLR)

Murimi & 2 others p/a Murimi, Ndumia, Mbago and Muchela Advocates v APA Insurance Company Ltd

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)

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.

  • Instruction fees
  • Schedule 7(2) of the advocates remuneration (amendment) order 2014
  • Advocate-client costs
  • Taxation of costs
  • Vat on costs
  • Disbursements
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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.