Kenya Case Law

Kenya Union of Post Primary Education Teachers v Tonui & another

Kenya Union of Post Primary Education Teachers v Tonui & another (Petition 28 of 2016) [2026] KEELRC 2415 (KLR) (20 August 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition 28 of 2016

Judge

["JW Keli"]

The court found no objective evidence of bias or reasonable apprehension of bias arising from the judge’s prior rulings; the applicant was merely dissatisfied with earlier decisions and was improperly using recusal to reopen or attack them. The prayer for cross-examination had already been conclusively determined and executed, making it res judicata. However, because the applicant’s unsupported insinuations were offensive and had undermined confidence, the judge declined to proceed with the matter and referred it to the Principal Judge for further directions, without awarding costs.

Source excerpt

• Judicial recusal
• Apparent bias
• Fair hearing
• Forum shopping
• Res judicata
• Cross-examination application

Mukhwana v Chalicha & 2 others

Mukhwana v Chalicha & 2 others (Miscellaneous Application 119 of 1996) [2026] KEMC 573 (KLR) (20 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Miscellaneous Application 119 of 1996

Judge

["RN Maloba"]

The court held that the preliminary objection was properly taken because it turned on jurisdiction and limitation, both pure points of law. The motion dated 17 February 2025 sought to enforce a judgment adopted on 20 November 1996, far beyond the 12-year period in section 4(4) of the Limitation of Actions Act, and no leave to extend time had been obtained. The application was therefore statute barred, and because limitation removed the court's competence to entertain it, the court lacked jurisdiction and struck it out.

Source excerpt

• Preliminary objection
• Jurisdiction
• Statutory limitation
• Execution of judgment
• Recovery of land
• Constructive trust

Omondi & another v Kenya Chemical Workers Union & 2 others

Omondi & another v Kenya Chemical Workers Union & 2 others (Constitutional Petition E214 of 2025) [2026] KEELRC 2418 (KLR) (20 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Constitutional Petition E214 of 2025

Judge

["JW Keli"]

The court found that the respondents discriminated against the petitioners by excluding them from union activities because they had sued the union. The exclusion was unjustified and amounted to retaliation for exercising the right of access to justice and participation in union affairs. However, most of the governance and procurement complaints were treated as internal union matters or claims that failed for want of proper legal threshold or exhaustion of the prescribed mechanisms. Relief was therefore limited to outstanding allowances, access to union member social media groups if still memb…

Source excerpt

• Discrimination
• Trade union participation rights
• Internal union dispute resolution
• Union allowances
• Access to information within union governance
• Validity of union meetings and resolutions

Amka Credit Ltd v Thomas

Amka Credit Ltd v Thomas (Civil Appeal E159 of 2025) [2026] KEHC 13083 (KLR) (20 August 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E159 of 2025

Judge

["EO Bitta"]

The trial court erred in declining interest entirely because the documentary evidence showed the parties had agreed to interest on the loan, but the contractual rate of 30% per month was so excessive, oppressive and unconscionable that it could not be enforced. The proper remedy was to award interest at court rates from the filing date until payment in full.

Source excerpt

• Interest on loan agreements
• Enforceability of loan contracts
• Unconscionable contractual terms
• Pleadings and reliefs
• Burden of proof
• Court rates on judgment sums

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 E593 of 2021) [2026] KEMC 545 (KLR) (20 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Miscellaneous Application E593 of 2021

Judge

["RN Maloba"]

The court held that only those auctioneer items supported by the scale or by satisfactory evidence were recoverable: commission was taxed under the applicable scale, unsupported transport and disbursement claims were reduced or disallowed, and VAT was added to the resulting taxed sum.

Source excerpt

• Auctioneer's remuneration
• Taxation of bill of costs
• Disbursements
• Vat on auctioneer's fees
• Reasonableness of transport and process server charges

Republic v Derrick Mayabi Makutsa alias Dero

Court

High Court

Case number

Criminal Case E019 of 2023

Judge

["RN Nyakundi"]

The High Court acquitted Derrick Mayabi Makutsa alias Dero of murder, finding the deceased’s death proved but the circumstantial case too weak to fix him with the killing.

• Murder
• Circumstantial evidence
• Alibi
• Malice aforethought
• Common intention
• Burden of proof

Pirbhai v Diamond Trust Bank Kenya Limited

Pirbhai v Diamond Trust Bank Kenya Limited (Petition E015 of 2026) [2026] KEELRC 2429 (KLR) (20 August 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E015 of 2026

Judge

["JW Keli"]

The court found that the pleadings disclosed an employment dispute centered on suspension, disciplinary proceedings and termination, with the alleged constitutional violations falling within the same factual matrix and adequately redressable under the Employment Act. Because the statutory framework was capable of resolving the dispute and the petition was essentially an employment claim dressed as a constitutional petition, the doctrine of constitutional avoidance applied and the petition was struck out.

Source excerpt

• Constitutional avoidance
• Striking out pleadings
• Unfair termination
• Fair labour practices
• Fair administrative action
• Right to dignity

Ngati v Republic

Ngati v Republic (Criminal Appeal E001 of 2026) [2026] KEHC 13030 (KLR) (20 August 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E001 of 2026

Judge

["RN Nyakundi"]

[2026] KEHC 13030 (KLR)

Source excerpt

• Appeal
• Judgment

Macharia v Kaloki & another (Suing as the Legal Representatives of the Estate Of Sammy Kaloki Matolo - Deceased)

Macharia v Kaloki & another (Suing as the Legal Representatives of the Estate Of Sammy Kaloki Matolo - Deceased) (Civil Appeal E153 of 2025) [2026] KEHC 13082 (KLR) (20 August 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E153 of 2025

Judge

["EO Bitta"]

The appeal succeeded because the trial court’s finding on liability was against the weight of the evidence: the Respondent’s witnesses did not witness the accident, the police abstract only showed the matter was under investigation, and the Appellant’s driver gave direct eyewitness evidence supported by photographs and a police abstract attributing blame to the deceased. The trial court also erred in using the multiplier approach for loss of dependency without reliable proof of earnings; in the circumstances, a global sum approach was appropriate. The judgment was therefore set aside and the…

Source excerpt

• Competence of appeal for omission of decree
• Burden and standard of proof in negligence
• Assessment of liability from police abstracts and scene photographs
• Contributory negligence
• Loss of dependency under fatal accidents act and law reform act
• Multiplier versus global sum approach

Kinuthia v Metropolitan National Sacco Ltd

Kinuthia v Metropolitan National Sacco Ltd (Tribunal Case (KSM) E005 of 2024) [2026] KECOPT 325 (KLR) (20 August 2026) (Judgment)

Court

Cooperative Tribunal

Case number

Tribunal Case (KSM) E005 of 2024

Judge

["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]

The Tribunal found that the Claimant had proved his entitlement to the refund through the membership and salary deduction evidence, while the Respondent offered only denials and a stale resolution suspending refunds. The two-year suspension had lapsed, no further resolution was shown, and financial hardship was not a legal basis to keep member funds indefinitely. The Claimant was therefore entitled to judgment for the full deposit amount with costs and interest.

Source excerpt

• Refund of member deposits
• Withdrawal from sacco membership
• Effect of internal resolution suspending refunds
• Interest on refund
• Costs