Kenya Case Law

Migot (Formerly Daudi Odhiambo Migot) v Otieno (Personal Legal Representative of the Estate of the Late Jemima Akinyi Oyare)

Migot (Formerly Daudi Odhiambo Migot) v Otieno (Personal Legal Representative of the Estate of the Late Jemima Akinyi Oyare) (Environment and Land Appeal 57 of 2019) [2026] KEELC 5344 (KLR) (21 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal 57 of 2019

Judge

["EK Wabwoto"]

The appeal against the interlocutory ruling was incompetent because the ruling was a consent order and the appeal was filed out of time without leave. The sale of the deceased’s land before grant confirmation was void under section 45, but the respondent was still entitled to restitution of the purchase price because the appellant’s family received the money while the appellant later took title to the land himself, creating unjust enrichment. The trial court properly dismissed the appellant’s trespass claim and awarded refund, interest and costs.

Source excerpt

• Intermeddling with estate property
• Void sale of deceased’s land
• Restitution and unjust enrichment
• Competency of appeal out of time
• Consent orders
• Costs and interest

KRA v Eudias Wanjiku Kagai & another

Court

High Court

Case number

Criminal Revision Application E016 of 2026

Judge

["SM Mohochi"]

The High Court set aside a magistrate’s order releasing motor vehicle KAV 835R, holding that the EACCMA detention and forfeiture regime had not been properly considered.

• Revision jurisdiction
• Exercise of judicial discretion
• Seizure and detention of conveyances
• Forfeiture under eaccma
• Innocent owner claim
• Pending criminal trial

Manyala & 3 others (Suing as Members of Kibuye Market Traders) v City Manager, County Government of Kenya & 4 others

Manyala & 3 others (Suing as Members of Kibuye Market Traders) v City Manager, County Government of Kenya & 4 others (Petition E002 of 2025) [2026] KEELC 5327 (KLR) (21 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Petition E002 of 2025

Judge

["EK Wabwoto"]

The consent of 31 July 2025 compromised only the two interlocutory applications, not the substantive petition, so the court was not functus officio in relation to the petition. The proposed amendment was allowed in principle because it was connected to the original dispute and could be answered by the Respondents, but leave was limited because the proposed pleading lacked particulars required for a proper constitutional claim. Costs were awarded against the Petitioners because the application was necessary due to their incomplete pleading.

Source excerpt

• Amendment of pleadings
• Functus officio
• Consent orders
• Conservatory orders
• General damages in constitutional petition
• Particularity in pleadings

Kimilu v Republic

Kimilu v Republic (Criminal Revision E011 of 2026) [2026] KEHC 13044 (KLR) (21 August 2026) (Ruling)

Court

High Court

Case number

Criminal Revision E011 of 2026

Judge

["JN Onyiego"]

[2026] KEHC 13044 (KLR)

Source excerpt

• Revision
• Sentencing
• High court supervisory jurisdiction

Urgent Cargo Logistics Limited v Commissioner for Customs & Border Control

Urgent Cargo Logistics Limited v Commissioner for Customs & Border Control (Tax Appeal E1489 of 2025) [2026] KETAT 321 (KLR) (21 August 2026) (Judgment)

Court

Tax Appeal Tribunal

Case number

Tax Appeal E1489 of 2025

Judge

["E Komolo", "AM Diriye", "Cynthia B. Mayaka"]

The Appellant failed to produce sufficient record evidence that it submitted the bond cancellation requests on time; therefore, the claim that the Respondent misplaced the documents was unproven, the Appellant did not discharge its statutory burden of proof, and the Respondent's refusal to waive the interest and penalties was justified.

Source excerpt

• Customs security bonds
• Late cancellation penalties
• Burden of proof
• Bond cancellation procedure
• Legitimate expectation
• Customs audits

Mutunga v Republic

Mutunga v Republic (Miscellaneous Criminal Application E046 of 2025) [2026] KEHC 13054 (KLR) (21 August 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Criminal Application E046 of 2025

Judge

["JN Onyiego"]

The High Court lacked jurisdiction to entertain the repeated sentence review/revision request because the applicant was effectively seeking the court to revisit its own final sentence decision after the court had already declared itself functus officio, and section 364(5) of the Criminal Procedure Code barred revision where an appeal lay; the repetitive filings also amounted to abuse of process.

Source excerpt

• Jurisdiction of high court on revision
• Functus officio
• Abuse of court process
• Review/revision of sentence
• Limits on revision where appeal lies
• Sentencing discretion

Ndirangu v Jivunie Enterprises Ltd

Ndirangu v Jivunie Enterprises Ltd (Commercial Case E754 of 2025) [2026] SCC 228 (KLR) (21 August 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E754 of 2025

Judge

["ME Aligula"]

The Applicants specifically identified disputed factual averments in paragraph 5 of the supporting affidavit and demonstrated that those facts were material to the pending motion. The court held that fraud or bad faith are not mandatory preconditions to cross-examination under Order 19 Rule 2; the governing test is whether cross-examination is necessary in the interests of justice. On that basis, the court exercised its discretion to permit cross-examination, stayed the main motion pending that process, and limited the cross-examination to the identified factual disputes.

Source excerpt

• Cross-examination of deponent
• Affidavit evidence
• Discretion under order 19 rule 2
• Stay of proceedings
• Contested factual issues

Esese v Director of Public Prosecutions

Esese v Director of Public Prosecutions (Constitutional Petition E002 of 2026) [2026] KEHC 13049 (KLR) (21 August 2026) (Judgment)

Court

High Court

Case number

Constitutional Petition E002 of 2026

Judge

["RN Nyakundi"]

The petition failed because the issues around conviction and sentence had already been litigated and determined through the trial court, High Court appeal and Court of Appeal, leaving no jurisdictional basis for this Court to reopen the matter by way of constitutional petition. The petitioner also failed to demonstrate new and compelling evidence for Article 50(6), and the petition was in substance an attempt to relitigate a concluded sentence; accordingly, res judicata and finality barred relief.

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• Mandatory death sentence
• Robbery with violence
• Res judicata
• Jurisdiction of the high court
• Resentencing
• Right to dignity

Okoiti v National Gender and Equality Commission (NGEC) & 3 others

Okoiti v National Gender and Equality Commission (NGEC) & 3 others (Constitutional Petition E163 of 2025) [2026] KEELRC 2426 (KLR) (20 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition E163 of 2025

Judge

["JW Keli"]

The Court held that the advertisement and recruitment process were lawful because the vacancy was sufficiently publicized through The Star, MyGov, the Commission’s website and social media; the statutory requirements under section 21 of the NGEC Act were met; the Career Progression Guidelines could not displace the statute; and the 2nd Respondent satisfied the statutory qualifications for appointment. No evidence proved the alleged conflict of interest. The petition therefore failed.

Source excerpt

• Public recruitment and appointment
• Validity of advertisement
• Statutory qualifications versus internal guidelines
• Public participation and transparency
• Conflict of interest in recruitment panel
• Chair six compliance

CCK v East African Breweries Limited

CCK v East African Breweries Limited (Employment and Labour Relations Cause E058 of 2023) [2026] KEELRC 2431 (KLR) (20 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E058 of 2023

Judge

["JW Keli"]

[2026] KEELRC 2431 (KLR)

Source excerpt