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Kenya Case Law

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Criminal law [2026] KEHC 13059 (KLR)

Republic v Wanambuko

Republic v Wanambuko (Criminal Case E042 of 2024) [2026] KEHC 13059 (KLR) (19 August 2026) (Sentence)

Court
High Court
Case number
Criminal Case E042 of 2024
Judge
["REA Ougo"]

Given the seriousness of the offence, the use of excessive force against the accused's child, and the continuing harm to the victim's mother, the court found that the offence did not warrant a non-custodial sentence and imposed a custodial term of ten years, with remand period credited under section 333(2) of the Criminal Procedure Code.

Source excerpt

  • Murder
  • Custodial sentence
  • Mitigation
  • Pre-sentence report
  • Remand credit
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Constitutional law [2026] KEHC 13123 (KLR)

Makena & 2 others v County Public Service Board Meru County & 2 others

Makena & 2 others v County Public Service Board Meru County & 2 others (Constitutional Petition E011 of 2026) [2026] KEHC 13123 (KLR) (19 August 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E011 of 2026
Judge
["HM Nyaga"]

The petition met the constitutional-pleading threshold, but the 2nd and 3rd respondents were improperly joined and were struck out because the complained-of acts were attributable only to the 1st respondent. On the merits, the court found the 1st respondent had withheld crucial information necessary to test compliance with constitutional recruitment norms, especially regional balance, gender, and PWD inclusion. That lack of disclosure prevented conclusive findings against the petitioners and justified mandatory directions requiring a full disclosure of the shortlist, successful candidates, an…

Source excerpt

  • Recruitment and shortlisting
  • Article 27 equality and non-discrimination
  • Article 47 fair administrative action
  • Article 56 representation of minorities and marginalized groups
  • Article 232 public service values and principles
  • County public service board mandate
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Judicial review [2026] KEHC 13012 (KLR)

Afrison Export Import Ltd & another v Ethics and Ant-Corruption Commission (EACC)

Afrison Export Import Ltd & another v Ethics and Ant-Corruption Commission (EACC) (Judicial Review Application E276 & E297 of 2026 (Consolidated)) [2026] KEHC 13012 (KLR) (19 August 2026) (Ruling)

Court
High Court
Case number
Judicial Review Application E276 of 2026
Judge
["WM Musyoka"]

The High Court declined to grant stay because the dispute and the relief sought were anchored in litigation already pending before the Supreme Court and arose from a land compensation matter within the jurisdictional sphere of the Environment and Land Court and appellate courts; the High Court was not seized of the matter and granting stay would amount to abuse of process and an impermissible disguised attempt to suspend implementation of superior-court decisions.

Source excerpt

  • Stay of proceedings
  • Abuse of court process
  • Sub judice
  • Jurisdiction
  • Compulsory acquisition compensation
  • Conservatory relief
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Commercial law [2026] KEHC 12985 (KLR)

Njuguna v NCBA Bank Kenya Plc & 2 others

Njuguna v NCBA Bank Kenya Plc & 2 others (Civil Suit E009 of 2025) [2026] KEHC 12985 (KLR) (19 August 2026) (Ruling)

Court
High Court
Case number
Civil Suit E009 of 2025
Judge
["DO Chepkwony"]

The Court held that although the Plaintiff raised triable complaints on notices, valuation, auction conduct and accounts, she failed to establish a prima facie case warranting injunction because the chargee had produced notices and a valuation, the sale had already been completed, and the 3rd Defendant had obtained title without proof of fraud or collusion. The contempt claim also failed because service, knowledge, timing of possession and the specific acts of breach were disputed and not proved to the required strict standard. The only relief granted was an updated itemized statement of acco…

Source excerpt

  • Chargee’s statutory power of sale
  • Interlocutory injunction
  • Preservation of charged property
  • Statutory notice under the land act
  • Valuation before sale
  • Auction sale irregularities
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Civil procedure [2026] KEHC 12904 (KLR)

Muema alias Robert Kalonzo v Mutile alias Senaath Mutuku Mutheu

Muema alias Robert Kalonzo v Mutile alias Senaath Mutuku Mutheu (Civil Appeal E079 of 2023) [2026] KEHC 12904 (KLR) (19 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E079 of 2023
Judge
["FN Kyambia"]

The appeal partially succeeded. The court held that the trial magistrate correctly awarded general damages, loss of diminished earning capacity, and future medical expenses because the respondent’s injuries were grave, the medical evidence proved 100% disability and lifelong need for diapers, and the multiplier method was justified on the proven monthly expense and life expectancy. However, the award for loss of consortium was unsustainable because that head of damages belongs to a spouse in a recognized marital relationship, not to the injured victim herself. The appellate court therefore in…

Source excerpt

  • Assessment of damages
  • General damages
  • Loss of earning capacity
  • Loss of consortium
  • Future medical expenses
  • Appellate interference with award of damages
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Land law [2026] KEELC 5341 (KLR)

Ndiritu v Ndiritu

Ndiritu v Ndiritu (Environment and Land Appeal 9 of 2019) [2026] KEELC 5341 (KLR) (19 August 2026) (Judgment)

Court
Environment and Land Court
Case number
Environment and Land Appeal 9 of 2019
Judge
["EK Makori"]

The appellant failed to prove that the suit land was family, clan, or group land held for the benefit of other family members, or that the respondent’s registration created a customary trust. The evidence showed the land was a gift from the respondent’s grandfather to the respondent, registered directly in the respondent’s name as absolute proprietor. On that evidence, the trial court correctly dismissed the claim.

Source excerpt

  • Customary trust
  • Burden of proof
  • First appellate court review
  • Land registration
  • Family land claim
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Civil procedure [2026] KEMC 529 (KLR)

Maina & another (Suing as the Legal Representatives of the Estate of Francis Kinyanjui Kimani (Deceased)) v Directline Assurance Company Limited

Maina & another (Suing as the Legal Representatives of the Estate of Francis Kinyanjui Kimani (Deceased)) v Directline Assurance Company Limited (Civil Case E860 of 1000) [2026] KEMC 529 (KLR) (19 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E860 of 1000
Judge
["LA Mumassabba"]

The Defence raises bona fide triable issues, principally whether the Defendant insured motor vehicle KBD 704T, whether Policy No. 01042702 existed and covered the risk, and whether the statutory notice under section 10 of Cap. 405 was duly served. Because those issues go to the root of the declaratory claim, they cannot be conclusively determined on an interlocutory application for striking out. Article 159(2)(d) does not cure substantive statutory non-compliance, but the alleged defect in service also cannot be resolved summarily. The Defence therefore remains on record and the suit must pro…

Source excerpt

  • Striking out defence
  • Bona fide triable issues
  • Statutory notice under section 10 of cap. 405
  • Insurer liability to satisfy decree
  • Article 159(2)(d) procedural technicalities
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Land law [2026] KEELC 5310 (KLR)

Nyanumba v Rotich & another (Land Case E011 of 2025)

Nyanumba v Rotich & another (Land Case E011 of 2025) [2026] KEELC 5310 (KLR) (19 August 2026) (Judgment)

Court
Environment and Land Court
Case number
Land Case E011 of 2025
Judge
["MAO Odeny"]

The Plaintiff could not obtain ownership or adverse possession because the suit land formed part of a deceased estate and the 1st Defendant and his siblings had no legal capacity to sell it without a succession process and confirmed grant. The allegedly transferred title to the 2nd Defendant was therefore unlawfully procured, but adverse possession could not sanitize a fraudulent title. Since the 1st Defendant admitted receiving the purchase price, equity required restitution, so the proper remedy was a full refund of the purchase price with costs and interest from judgment until payment in f…

Source excerpt

  • Sale of estate property by non-administrator
  • Fraudulent transfer and title cancellation
  • Adverse possession
  • Constructive trust
  • Unjust enrichment and restitution
  • Costs and interest
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Criminal law [2026] KEHC 13041 (KLR)

Republic v Kiboi

Republic v Kiboi (Criminal Case E028 of 2024) [2026] KEHC 13041 (KLR) (19 August 2026) (Sentence)

Court
High Court
Case number
Criminal Case E028 of 2024
Judge
["REA Ougo"]

The court held that despite the accused being a first offender and having a difficult background, the seriousness of the murder, lack of remorse, and hostile community reaction made a non-custodial sentence inappropriate. The proper punishment was twenty years' imprisonment, with remand time credited under section 333(2) of the Criminal Procedure Code.

Source excerpt

  • Murder
  • Mitigation
  • Presentence report
  • Remand credit under section 333(2)
  • Non-custodial sentence unsuitable
  • First offender
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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.