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Kenya Case Law

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Employment and labour law [2026] KEELRC 2428 (KLR)

Bosire v Kenya Union of Post Primary Education Teachers (KUPPET) & 3 others

Bosire v Kenya Union of Post Primary Education Teachers (KUPPET) & 3 others (Employment and Labour Relations Petition E013 of 2026) [2026] KEELRC 2428 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Petition E013 of 2026
Judge
["JW Keli"]

The court held that the applicants did not demonstrate any new evidence, any error apparent on the face of the record, or any sufficient reason to reopen the ruling of 30 January 2026. Their complaints attacked the merits of the earlier decision and therefore amounted to a disguised appeal. The court also found no basis to disturb the earlier ruling and treated the application as an abuse of process.

Source excerpt

  • Review jurisdiction
  • Mootness
  • Functus officio
  • Agency fee and union dues
  • Tpay payroll portal
  • Trade union elections
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Constitutional law [2026] KEHC 12990 (KLR)

Mokaya v Independent Electoral & Boundaries Commission & 4 others

Mokaya v Independent Electoral & Boundaries Commission & 4 others (Constitutional Petition E191 of 2025) [2026] KEHC 12990 (KLR) (Constitutional and Human Rights) (20 August 2026) (Ruling)

Court
High Court
Case number
Constitutional Petition E191 of 2025
Judge
["LN Mugambi"]

The Speaker of the National Assembly was not struck out because the petition alleges systemic constitutional failure touching both IEBC’s delimitation mandate and Parliament’s oversight accountability role under Article 254. At the pleading stage, the court held that the mere absence of direct prayers against the Speaker does not justify striking him out, since constitutional litigation is assessed holistically and misjoinder alone is not fatal.

Source excerpt

  • Joinder and misjoinder of parties
  • Necessary party doctrine
  • Boundary delimitation under article 89
  • Parliamentary oversight of independent commissions
  • Pleaded cause of action in constitutional petitions
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Civil procedure [2026] KEHC 13129 (KLR)

Amka Credit Ltd v Thomas

Amka Credit Ltd v Thomas (Civil Appeal E160 of 2025) [2026] KEHC 13129 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E160 of 2025
Judge
["EO Bitta"]

The appeal succeeded because the Small Claims Court erred in refusing any interest despite proof of a contractual entitlement. However, the agreed rate of 30% per month was found to be oppressive, unconscionable, and contrary to public policy, so it was not enforced. The proper remedy was interest at court rates on KShs. 96,000 from the date of filing until payment in full.

Source excerpt

  • Contractual interest
  • Enforceability of loan agreement
  • Illegal lending allegations
  • Unconscionable interest rates
  • Court rates on judgment sums
  • Pleadings and appellate scope
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Civil procedure [2026] KEHC 13014 (KLR)

Kanya v Real IPM Co (K) Ltd & another

Kanya v Real IPM Co (K) Ltd & another (Civil Appeal E103 of 2024) [2026] KEHC 13014 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E103 of 2024
Judge
["EM Muriithi"]

The trial court’s award of Ksh. 700,000 for general damages was not inordinately low given the nature of the injuries, the medical evidence, and the permanent incapacity assessed, and the Appellant failed to prove any ascertainable earning capacity capable of being compensated. The appeal therefore failed on quantum and on loss of earning capacity, and the complaint about submissions was meritless.

Source excerpt

  • Quantum of damages
  • Loss of earning capacity
  • Appellate interference with damages
  • General damages
  • Special damages
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Civil procedure [2026] KEMC 574 (KLR)

NCBA Bank Kenya PLC v Wanyonyi

NCBA Bank Kenya PLC v Wanyonyi (Civil Case E014 of 2023) [2026] KEMC 574 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E014 of 2023
Judge
["RN Maloba"]

The respondent breached the court orders by retaining the motor vehicle beyond the ordered three-day period without leave of court, but since the vehicle had later been released, the substantive contempt prayers had been overtaken by events; the application was therefore spent, though the applicant was entitled to costs because the unlawful delay necessitated the application.

Source excerpt

  • Contempt proceedings
  • Service and penal notice
  • Repossession of motor vehicle
  • Compliance with court orders
  • Costs
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Employment and labour law [2026] KEELRC 2421 (KLR)

Kamau v Wellan Travels Ltd

Kamau v Wellan Travels Ltd (Petition E106 of 2026) [2026] KEELRC 2421 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E106 of 2026
Judge
["JW Keli"]

The proposed counsellor’s report was relevant to the pleaded constitutional claims and its late filing would not cause incurable prejudice because the respondent could respond with its own expert evidence and cross-examine the author. The court therefore exercised its discretion under the applicable rules to allow the document out of time in the interests of a fair hearing.

Source excerpt

  • Leave to file additional evidence out of time
  • Supplementary bundle of documents
  • Fair hearing
  • Prejudice from late evidence
  • Relevance of evidence
  • Close of pleadings
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Criminal law [2026] KEMC 534 (KLR)

Republic v Barasa & another

Republic v Barasa & another (Criminal Case E009 of 2026) [2026] KEMC 534 (KLR) (20 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Criminal Case E009 of 2026
Judge
["AZ Ogange"]

The prosecution evidence did not credibly connect either accused person to the alleged cannabis. The testimony was inconsistent on who was at the scene, who was arrested, whether anyone was smoking, and how the recovery was made. A material witness implicated in the disputed recovery was not called. On the totality of the evidence, no reasonable tribunal could convict if the accused persons offered no defence, so no prima facie case was established and acquittal under section 210 CPC was inevitable.

Source excerpt

  • Possession of cannabis
  • Prima facie case
  • Section 210 cpc acquittal
  • Constructive possession
  • Evidentiary inconsistencies
  • Failure to call material witness
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Criminal law [2026] KEHC 13029 (KLR)

Nyongesa v Republic

Nyongesa v Republic (Criminal Appeal E039 of 2021) [2026] KEHC 13029 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E039 of 2021
Judge
["RN Nyakundi"]

The appeal failed because the prosecution proved penetration, the ages of the complainants, and the appellant’s recognition beyond reasonable doubt; the alleged charge-sheet defect was merely formal and caused no prejudice; the evidence was consistent and mutually corroborative; and the sentences were lawful, with life imprisonment mandatory for the first count and the second count sentence not warranting interference.

Source excerpt

  • Defilement
  • Child sexual offences
  • Recognition evidence
  • Burden and standard of proof
  • Charge sheet defect
  • Corroboration
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Constitutional law [2026] KEHC 13006 (KLR)

Juma v University of Nairobi

Juma v University of Nairobi (Constitutional Petition E223 of 2024) [2026] KEHC 13006 (KLR) (Constitutional and Human Rights) (20 August 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E223 of 2024
Judge
["LN Mugambi"]

[2026] KEHC 13006 (KLR)

Source excerpt

  • University disciplinary/employment dispute
  • Petition before the high court
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Constitutional law [2026] KEELRC 2430 (KLR)

Saenas v Banticha (Sued as Purported Speaker) & 2 others

Saenas v Banticha (Sued as Purported Speaker) & 2 others (Employment and Labour Relations Petition E182 of 2026) [2026] KEELRC 2430 (KLR) (20 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Petition E182 of 2026
Judge
["JW Keli"]

The court held that the validity of the 1st respondent’s position as Speaker had already been conclusively determined in ELRC Petition No. E139 of 2025, making the present petition and motion res judicata. It further held that the dispute was a public law and county assembly governance matter rather than an employment dispute, so the ELRC lacked jurisdiction. The preliminary objection therefore succeeded and the suit was struck out.

Source excerpt

  • Res judicata
  • Jurisdiction of the elrc
  • Preliminary objection
  • Standing and public interest litigation
  • Speaker of county assembly
  • County assembly leadership dispute
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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.