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Employment and labour law [2026] KEELRC 2432 (KLR)

Njoroge & 2 others v Kenya Medical Supplies Authority & 3 others

Njoroge & 2 others v Kenya Medical Supplies Authority & 3 others (Constitutional Petition E145 of 2024) [2026] KEELRC 2432 (KLR) (20 August 2026) (Ruling)

The reference was competent because the applicant requested reasons on the same day as the taxation ruling, the taxing officer responded that reasons were contained in the ruling, and the later CTS upload did not defeat an already received and acknowledged objection. On merits, the taxing officer erred in principle by treating value of subject matter as a relevant basis for instruction fees in a constitutional petition and by fixing instruction fees at Kshs. 3,000,000 and getting up fees on that erroneous basis. The challenged drawing items were otherwise properly taxed. The court therefore i…

  • Competence of reference
  • Rule 11 procedure
  • Timeliness of objection and reference
  • Taxation of party and party costs
  • Instruction fees in constitutional petitions
  • Getting up fees
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Civil procedure [2026] KEMC 548 (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 E590 of 2021) [2026] KEMC 548 (KLR) (20 August 2026) (Ruling)

The court taxed the bill strictly item by item, allowing only items properly drawn, supported by receipts or evidence, and reasonable in quantum, while taxing off unsupported or excessive claims; it then added VAT to the net taxed amount.

  • Taxation of auctioneer's bill of costs
  • Commission on attachment proceeds
  • Disbursements and receipts
  • Vat on taxed costs
  • Reasonable transport and service expenses
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Employment and labour law [2026] KEELRC 2422 (KLR)

Institution of Engineering Technology of Kenya v Kenya Rural Roads Authority & another

Institution of Engineering Technology of Kenya v Kenya Rural Roads Authority & another (Petition E023 of 2026) [2026] KEELRC 2422 (KLR) (20 August 2026) (Ruling)

The court accepted that its prior ruling had addressed some merits of the underlying dispute, but held that this did not amount to actual bias or prejudice. However, because the applicant was genuinely apprehensive and insisted it would not receive justice before the same judge, the court invoked the appearance-of-justice principle and recused itself in the interest of justice.

  • Judicial recusal
  • Apprehension of bias
  • Conservatory orders
  • Prima facie case
  • Professional qualification discrimination
  • Fair hearing
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Succession law [2026] KEHC 13003 (KLR)

In re Estate of Gatumuta alias Anne Wangithi Gatumuta (Deceased)

In re Estate of Gatumuta alias Anne Wangithi Gatumuta (Deceased) (Succession Cause 563 of 2013) [2026] KEHC 13003 (KLR) (20 August 2026) (Ruling)

The application succeeded because, although Section 81 generally vests a deceased administrator’s powers in the surviving administrator, the court found the surviving administrator’s prior conduct, including concealment of beneficiaries, raised legitimate fiduciary concerns. In those circumstances, the court exercised its discretion under Section 47 and appointed the Applicant as co-administrator to ensure transparency, fairness, and proper administration of the estate.

  • Appointment of co-administrator
  • Effect of death of an administrator
  • Section 81 law of succession act
  • Section 76 revocation or annulment of grant
  • Fiduciary duties of personal representatives
  • Administration of estate
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Constitutional law [2026] KEHC 12997 (KLR)

Nyakango v Cooperative Bank of Kenya Limited & 2 others

Nyakango v Cooperative Bank of Kenya Limited & 2 others (Constitutional Petition E517 of 2023) [2026] KEHC 12997 (KLR) (20 August 2026) (Judgment)

The court found that the petitioner had prima facie shown a financial contractual relationship with the 1st respondent through the loan application documents, while his denial was bare and unconvincing. The dispute was therefore a commercial/contractual one dressed up as a constitutional petition. Because a statutory framework also existed for ventilating the complaint, the petition offended the doctrine of constitutional avoidance, and the court downed tools without addressing the remaining issues.

  • Credit reference bureau listing
  • Constitutional avoidance
  • Doctrine of exhaustion
  • Fair administrative action
  • Access to information
  • Data accuracy dispute
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Constitutional law [2026] KEHC 13134 (KLR)

Katiba Institute v Inspector General of Police & 4 others

Katiba Institute v Inspector General of Police & 4 others (Petition E479 of 2024) [2026] KEHC 13134 (KLR) (Constitutional and Human Rights) (20 August 2026) (Judgment)

The 4th Respondent was improperly joined and struck out because it had no operational role in the withdrawal of the judge’s security. The petition was not moot: restoration of the security detail did not erase the alleged constitutional violation or its public importance. Security provided to a judge is an accrued benefit in respect of judicial office under Article 160(4), and its retaliatory withdrawal after an adverse ruling was an abuse of police power, procedurally unfair, and unfairly discriminatory. The court therefore granted declaratory relief and a prohibitory order to prevent future…

  • Judicial independence
  • Security detail of judges
  • Article 160(4) accrued benefits
  • Fair administrative action
  • Non-discrimination
  • Public interest litigation
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Criminal law [2026] KEHC 13004 (KLR)

Republic v Ndeti

Republic v Ndeti (Criminal Case E009 of 2026) [2026] KEHC 13004 (KLR) (20 August 2026) (Ruling)

Compelling reasons existed to deny bail because the accused's history of prolonged absences suggested possible absconding and, more decisively, credible community hostility created a real safety risk to the accused and his family; the court therefore declined bail and ordered the trial to proceed on a priority basis, with liberty to renew bail if circumstances changed.

  • Murder charge
  • Compelling reasons to deny bail
  • Flight risk
  • Community hostility and safety concerns
  • Pre-bail report
  • Priority hearing for accused in custody
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Criminal law [2026] KEMC 753 (KLR)

Republic v Ambogo alias Jason Sote alias Cheusi Manga

Republic v Ambogo alias Jason Sote alias Cheusi Manga (Criminal Case E017 of 2026) [2026] KEMC 753 (KLR) (20 August 2026) (Judgment)

[2026] KEMC 753 (KLR)

  • Judgment
  • Pending processing
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Employment and labour law [2026] KEELRC 2433 (KLR)

Mahamed & another v Cabinet Secretary, Ministry of Labour & Social Protection & 11 others

Mahamed & another v Cabinet Secretary, Ministry of Labour & Social Protection & 11 others (Constitutional Petition E088 of 2026) [2026] KEELRC 2433 (KLR) (20 August 2026) (Judgment)

The court held that the petitioners were total strangers to the internal affairs of COTU-K, had no employment or labour relationship with the respondents, and therefore lacked standing and a jurisdictional basis to invoke the ELRC in a public-interest capacity over an internal trade union election dispute. The Registrar's circular was administrative only and could not found constitutional invalidity of the elections. The petition was therefore treated as an election petition disguised as a constitutional petition, fell outside the court's jurisdiction, and was struck out.

  • Locus standi in public interest litigation
  • Jurisdiction of the employment and labour relations court
  • Trade union election disputes
  • Administrative circulars versus statutory force
  • Exhaustion of dispute resolution mechanisms
  • Mootness after registration of officials
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Civil procedure [2026] KEHC 13013 (KLR)

Macharia v PTM

Macharia v PTM (Civil Appeal 8 of 2015) [2026] KEHC 13013 (KLR) (20 August 2026) (Judgment)

[2026] KEHC 13013 (KLR)

  • Appeal
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