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Kenya Case Law

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Civil procedure [2026] KEMC 546 (KLR)

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another

Omonde t/a Dimonde Agencies and Auctioneers v Rafiki Microfinance Bank Ltd & another (Miscellaneous Application E592 of 2021) [2026] KEMC 546 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Miscellaneous Application E592 of 2021
Judge
["RN Maloba"]

The court allowed only items that were either provided for under the Auctioneers Rules or adequately justified by the record, taxed off unsupported and excessive claims, computed commission strictly under Rule 5 on the principal sum of Kshs.142,411.80, allowed a reasonable substitute of Kshs.10,000 for transport in place of unsupported AA-rate charges, allowed filing fees proved by receipts, allowed investigation charges as reasonable, and then added 16% VAT to reach the final taxed sum of Kshs.36,099.90.

Source excerpt

  • Taxation of auctioneer’s bill of costs
  • Assessment under part ii of the auctioneers rules
  • Allowability of disbursements and commission
  • Recovery of transport, filing and investigation expenses
  • Vat on taxed costs
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Civil procedure [2026] KEHC 13091 (KLR)

Kyanzavi Farmers Company Ltd v Kigen & another

Kyanzavi Farmers Company Ltd v Kigen & another (Civil Appeal E248 of 2025) [2026] KEHC 13091 (KLR) (20 August 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E248 of 2025
Judge
["EO Bitta"]

The Court held that the motion was filed timeously and that substantial loss was established because the Respondents were intermediaries who facilitated access to financial assistance, making it onerous to expect the Applicant to adduce evidence of their financial means; the Respondents also offered no rebuttal evidence. However, the proposed security of Kshs. 700,000 was patently inadequate against a Kshs. 10,000,000 decree. The Court therefore granted a conditional stay, balancing the right of appeal with the Respondents' right to enjoy the fruits of judgment, and ordered partial payment pl…

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance of decree
  • Conditional stay
  • Order 42 rule 6 civil procedure rules
  • Execution of monetary decree
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Civil procedure [2026] KEMC 557 (KLR)

Evans t/a Smart School Enterprises v Secretary Board of Management Friends Bukembe Boys High School

Evans t/a Smart School Enterprises v Secretary Board of Management Friends Bukembe Boys High School (Civil Suit E010 of 2025) [2026] KEMC 557 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Suit E010 of 2025
Judge
["TO Omono"]

The court held that the subject matter value was Kshs. 462,000/= and that because the matter was settled summarily after the first hearing date, instruction fees were limited to 75% of the applicable scale fee, yielding Kshs. 48,750/=. Attendance costs for dates when neither the Plaintiff nor counsel attended were disallowed, while the properly drawn items were allowed. The bill was therefore taxed at Kshs. 75,495/=.

Source excerpt

  • Assessment of party and party costs
  • Instruction fees
  • Attendance fees
  • Taxation on a bill of costs
  • Summary disposal and reduced instruction fees
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Criminal law [2026] KEMC 686 (KLR)

Republic v Kiema (Sexual Offence E021 of 2025)

Republic v Kiema (Sexual Offence E021 of 2025) [2026] KEMC 686 (KLR) (20 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Sexual Offence E021 of 2025
Judge
["LK Mwendwa"]

[2026] KEMC 686 (KLR)

Source excerpt

  • Judgment
  • Unprocessed decision
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Criminal law [2026] KEHC 13050 (KLR)

Republic v Kibunja & 3 others

Republic v Kibunja & 3 others (Criminal Case E002 of 2022) [2026] KEHC 13050 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Criminal Case E002 of 2022
Judge
["RN Nyakundi"]

The court held that the prosecution proved murder beyond reasonable doubt only against the 1st accused. The deceased’s death and its unlawful cause were established by eyewitness and medical evidence, and the 1st accused’s recent possession of the deceased’s phone, SIM card and voter’s card, together with his conduct in using the phone to solicit money, completed an incriminating circumstantial chain. By contrast, the case against the 2nd, 3rd and 4th accused rested on uncorroborated allegations by the 1st accused and suspicion only; no independent evidence, forensic material, or recorded con…

Source excerpt

  • Murder
  • Malice aforethought
  • Circumstantial evidence
  • Doctrine of recent possession
  • Common intention
  • Burden and standard of proof
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Land law [2026] KEMC 550 (KLR)

Munialo v Kenya Industrial Estate

Munialo v Kenya Industrial Estate (Environment and Land Case 49 of 2019) [2026] KEMC 550 (KLR) (20 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Case 49 of 2019
Judge
["RN Maloba"]

The plaintiff’s hardship did not excuse repayment because personal misfortune does not alter contractual loan obligations, and the court will not rewrite the parties’ agreement. However, the statutory notice relied on by the defendant was defective because it failed to state the plaintiff’s right to apply to court for relief as required by section 90(2)(v) of the Land Act. That omission rendered the notice null and void, so the intended sale could not lawfully proceed.

Source excerpt

  • Chargee statutory power of sale
  • Statutory notice under the land act
  • Injunction against sale of charged property
  • Accounts on loan/loan statement
  • Costs
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Constitutional law [2026] KEHC 12996 (KLR)

Egal v Director General of Kenya Citizens and Foreign National Services & 2 others

Egal v Director General of Kenya Citizens and Foreign National Services & 2 others (Constitutional Petition E127 of 2023) [2026] KEHC 12996 (KLR) (Constitutional and Human Rights) (20 August 2026) (Ruling)

Court
High Court
Case number
Constitutional Petition E127 of 2023
Judge
["LN Mugambi"]

The Petitioner failed to prove service or otherwise establish with sufficient evidence that the Respondents had knowledge of the judgment and deliberately disobeyed it. In the absence of an affidavit of service for the judgment and without documentary proof of reminders, the threshold for civil contempt was not met.

Source excerpt

  • Fair administrative action
  • Civil contempt
  • Knowledge versus personal service
  • Mandatory orders of mandamus
  • Citizenship processing delay
  • Disobedience of court orders
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Civil procedure [2026] KEMC 549 (KLR)

Barasa (Suing as the Legal Representative of the Estate the Late Robert Wakhungu - Deceased) v Gamba aka William Gamsa Obed & another

Barasa (Suing as the Legal Representative of the Estate the Late Robert Wakhungu - Deceased) v Gamba aka William Gamsa Obed & another (Civil Case 116 of 2017) [2026] KEMC 549 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case 116 of 2017
Judge
["RN Maloba"]

The court found that the applicant had not fully satisfied the usual requirements for instalment relief, but because he relied on his insurer to satisfy the decree, the court exercised discretion under Order 21 Rule 2 to balance the parties' interests. The applicant's proposed monthly instalment of Kshs. 150,000 was considered too low and unduly prejudicial to the decree-holder given the age of the matter, so the court imposed a substantial upfront payment followed by monthly instalments.

Source excerpt

  • Payment of decretal sum by instalments
  • Judicial discretion
  • Prejudice to decree-holder
  • Costs of application
  • Execution in default of instalment
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Constitutional law [2026] KEHC 12987 (KLR)

Obare v Odhungo aka Nancy Osborne Nanjira, Lydiah Inyangala Keya, Lydiah Mauren Inyangala & 10 others

Obare v Odhungo aka Nancy Osborne Nanjira, Lydiah Inyangala Keya, Lydiah Mauren Inyangala & 10 others (Constitutional Petition E657 of 2024) [2026] KEHC 12987 (KLR) (Constitutional and Human Rights) (20 August 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E657 of 2024
Judge
["LN Mugambi"]

The court held that the 2nd interested party was not a necessary party and struck it out. It further found that the petition met the constitutional pleading threshold, but the petitioner did not prove that the respondents acted in bad faith, in abuse of process, or in breach of the Constitution so as to justify quashing or stopping the criminal case. The arrest, custody and prosecution issues were substantially matters for the trial court, and the petitioner had not shown sufficient basis to interfere with the DPP’s independent mandate. The petition therefore failed.

Source excerpt

  • Article 49 arrest and detention timelines
  • Right to privacy and unlawful search and seizure
  • Fair trial and non-derogable rights
  • Abuse of process and judicial review remedies
  • Striking out misjoined interested party
  • Malicious prosecution allegations
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Civil procedure [2026] KECOPT 323 (KLR)

Ngome v Metropolitan National SaccoSociety Limited & 2 others

Ngome v Metropolitan National SaccoSociety Limited & 2 others (Tribunal Case E653 of 2025) [2026] KECOPT 323 (KLR) (20 August 2026) (Ruling)

Court
Cooperative Tribunal
Case number
Tribunal Case E653 of 2025
Judge
["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]

The Tribunal found that all three garnishees demonstrated good cause why the order nisi could not be made absolute because the relevant accounts had zero or negative balances, some accounts were already affected by prior garnishee orders, and one account was subject to a valid loan security/charge arrangement; therefore, no attachable funds were shown and the order nisi was discharged.

Source excerpt

  • Garnishee orders
  • Order nisi and order absolute
  • Attachment of bank accounts
  • Prior competing garnishee claims
  • Zero and negative account balances
  • Loan security and charge over deposits
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.