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Co-operative law [2026] KECOPT 327 (KLR)

Warui & 7 others v Mobimatt Investment Cooperative Society & 2 others

Warui & 7 others v Mobimatt Investment Cooperative Society & 2 others (Tribunal Case E372 of 2021) [2026] KECOPT 327 (KLR) (20 August 2026) (Judgment)

Court
Cooperative Tribunal
Case number
Tribunal Case E372 of 2021
Judge
["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal found that the 1st Respondent failed to complete the hostel project, lacked proper office and member registers, and had handled the project with insufficient diligence, causing avoidable frustration of the agreements. It therefore held the 1st and 2nd Respondents jointly and severally liable for refund of the principal sums paid and awarded each Claimant exemplary damages, while declining loss-of-profit and membership-fee claims. The 3rd Respondent was discharged.

Source excerpt

  • Breach of contract
  • Refund of purchase price
  • Exemplary damages
  • Membership locus standi
  • Joint and several liability
  • Tribunal interest and costs
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Employment and labour law [2026] KEELRC 2427 (KLR)

Kangogo v County Government Workers Union (K) & 2 others

Kangogo v County Government Workers Union (K) & 2 others (Constitutional Petition E026 of 2026) [2026] KEELRC 2427 (KLR) (20 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Constitutional Petition E026 of 2026
Judge
["JW Keli"]

The Petition failed because the Court found that the election date was lawfully rescheduled by the union’s competent organ with proper notice, the Petitioner had notice of the revised date when she expressed interest, no legitimate expectation arose, the Kshs. 3,000,000 nomination fee had been validly adopted by the union’s delegates, and the personal-details requirement in nomination forms was a reasonable and justifiable limitation. The Court therefore declined to interfere with the union’s constitutionally protected electoral autonomy and dismissed the Petition.

Source excerpt

  • Locus standi
  • Legitimate expectation
  • Trade union electoral autonomy
  • Internal dispute resolution
  • Nomination fees
  • Fair administrative action
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Civil procedure [2026] KEMC 547 (KLR)

Hussein v Liboyi & 2 others

Hussein v Liboyi & 2 others (Environment and Land Case E011 of 2025) [2026] KEMC 547 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Environment and Land Case E011 of 2025
Judge
["RN Maloba"]

The court treated the dispute as turning on unresolved questions of alleged marriage, trust, and beneficial ownership, but held that the Applicant’s own caution/restriction already preserved the suit land and prevented dealings, making the injunction application unnecessary and superfluous. Instead of granting the substantive injunction, the court ordered maintenance of the status quo on the register and occupation pending trial, with costs in the cause.

Source excerpt

  • Temporary injunction
  • Status quo
  • Matrimonial property claim
  • Cohabitation and alleged marriage
  • Registered title
  • Caution/restriction on land register
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Criminal law [2026] KEHC 13052 (KLR)

Olumula v Republic

Olumula v Republic (Criminal Appeal E005 of 2026) [2026] KEHC 13052 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E005 of 2026
Judge
["RN Nyakundi"]

The appeal failed because, despite the trial court’s procedural mischaracterisation of the intermediary evidence, the record as a whole still proved beyond reasonable doubt that the complainant was a child, that she suffered penetrative injury, and that the appellant—who was well known to the family and whose account of the jembe was materially consistent with the prosecution case—was the perpetrator. The contradictions did not undermine the substance of the prosecution case, and the appellant’s defence did not dislodge the prosecution evidence.

Source excerpt

  • Defilement
  • Intermediary evidence
  • Vulnerable witness
  • Age proof
  • Penetration
  • Identification/recognition
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Constitutional law [2026] KEELRC 2419 (KLR)

Ndoto v Administration Police Service & 3 others

Ndoto v Administration Police Service & 3 others (Constitutional Petition E127 of 2026) [2026] KEELRC 2419 (KLR) (20 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Constitutional Petition E127 of 2026
Judge
["JW Keli"]

The court held that it could not determine non-exhaustion because the respondents did not disclose the internal mechanism said to exist, but it found the petitioner had not been promoted to Corporal and was erroneously sent to a Corporal-to-Sergeant course. The recall was a timely correction of a genuine administrative error, not arbitrary or unfair administrative action. No legitimate expectation could arise from a mistake the petitioner knew or ought to have known about. The petition therefore lacked merit, but the court directed the respondents to facilitate the petitioner with the correct…

Source excerpt

  • Fair administrative action
  • Fair labour practices
  • Legitimate expectation
  • Exhaustion of internal remedies
  • Police promotional training
  • Correction of administrative error
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Criminal law [2026] KEMC 533 (KLR)

Republic v Nyongesa & another

Republic v Nyongesa & another (Criminal Case E247 of 2025) [2026] KEMC 533 (KLR) (20 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E247 of 2025
Judge
["AZ Ogange"]

The prosecution proved only that a firearm and ammunition were recovered during a police operation. It failed to prove beyond reasonable doubt that either accused knowingly possessed them, whether actually, constructively, or jointly, and also failed to prove that the items were intended to be used in a manner prejudicial to public order. The accused were therefore entitled to acquittal.

Source excerpt

  • Possession of firearm and ammunition
  • Constructive possession
  • Proof beyond reasonable doubt
  • Joint possession
  • Intention prejudicial to public order
  • Circumstantial evidence
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Civil procedure [2026] KEHC 12983 (KLR)

Wanjiru v Muchoki & another (Suing as the Legal Representatives for and on Behalf of the Estate of Nicholas Muchoki Mwangi – Deceased)

Wanjiru v Muchoki & another (Suing as the Legal Representatives for and on Behalf of the Estate of Nicholas Muchoki Mwangi – Deceased) (Civil Appeal E117 of 2024) [2026] KEHC 12983 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E117 of 2024
Judge
["EM Muriithi"]

The trial court was entitled to reject unproved income evidence and use the global award approach, but the award of Ksh. 2,000,000 for loss of dependency was excessive on the facts, given the deceased’s age, family composition, and absence of proof of salary; it was therefore reduced to Ksh. 1,200,000. The complaint about non-consideration of submissions failed because rejection of submissions is not the same as failure to consider them.

Source excerpt

  • Quantum of damages
  • Loss of dependency
  • Global award approach
  • Appellate interference with damages
  • Dependency proof
  • Fatal road traffic accident
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Constitutional law [2026] KEELRC 2414 (KLR)

Vassanji v Diamond Trust Bank Kenya Ltd

Vassanji v Diamond Trust Bank Kenya Ltd (Petition E016 of 2026) [2026] KEELRC 2414 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E016 of 2026
Judge
["JW Keli"]

The petition did not disclose constitutional violations outside the employment law framework. The alleged detention, intimidation, confiscation of the phone, denial of communication and the impugned disciplinary process were treated as elements of a grievance capable of redress under sections 41, 43 and 45 of the Employment Act. Because the statutory framework was adequate and the dispute was fundamentally an unfair termination claim, the court held that constitutional avoidance applied and the matter ought to have been filed as an ordinary employment claim.

Source excerpt

  • Constitutional avoidance
  • Strike out of petition
  • Termination of employment
  • Disciplinary process
  • Fair labour practices
  • Privacy rights
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Employment and labour law [2026] KEELRC 2423 (KLR)

Nyachieo & 9 others v Kenya Orient Insurance Ltd

Nyachieo & 9 others v Kenya Orient Insurance Ltd (Cause 179 of 2019) [2026] KEELRC 2423 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Cause 179 of 2019
Judge
["JW Keli"]

The Respondent proved a genuine redundancy based on restructuring, automation and business efficiency, and the consultation and notification requirements under section 40 were substantially met for all Claimants except the 4th Claimant. The 4th Claimant, who was on maternity leave, was excluded from the consultation process and that exclusion amounted to direct discrimination; she was therefore entitled to compensation equal to three months' gross salary.

Source excerpt

  • Redundancy
  • Consultation in redundancy
  • Procedural fairness
  • Discrimination on grounds of pregnancy/maternity leave
  • Compensation for unfair labour practices
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Co-operative law [2026] KECOPT 328 (KLR)

Mwaniki v Metropolitan National Sacco Ltd

Mwaniki v Metropolitan National Sacco Ltd (Tribunal Case E239 of 2025) [2026] KECOPT 328 (KLR) (20 August 2026) (Judgment)

Court
Cooperative Tribunal
Case number
Tribunal Case E239 of 2025
Judge
["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]

The Claimant proved entitlement to the monetary balance claimed after retirement and loan offset, but failed to prove any entitlement to dividends because the audited accounts showed no dividends were declared for the relevant years; therefore, the dividends prayer failed while the balance due was awarded with costs and interest.

Source excerpt

  • Sacco member savings payout
  • Loan offset against savings
  • Dividends entitlement
  • Summary judgment
  • Non-appearance and default judgment
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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.