Kenya Case Law

Opiyo v Republic

Opiyo v Republic (Criminal Appeal E069 of 2026) [2026] KEHC 13047 (KLR) (18 August 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E069 of 2026

Judge

["DR Kavedza"]

The evidence proved an unlawful assault causing actual bodily harm, not grievous harm. The substituted conviction for assault occasioning actual bodily harm was lawful under section 179 of the Criminal Procedure Code because the original charge and particulars necessarily included the facts of the minor offence and did not prejudice the appellant. However, the custodial sentence was disproportionate to the injury proved, so the appellate court upheld the conviction but substituted the three-year prison term with a fine.

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• Assault occasioning actual bodily harm
• Grievous harm
• Lesser cognate offence
• Section 179 criminal procedure code
• First appeal re-evaluation
• Sentencing discretion

Lushola v Republic

Lushola v Republic (Criminal Revision E051 of 2026) [2026] KEHC 13063 (KLR) (18 August 2026) (Ruling)

Court

High Court

Case number

Criminal Revision E051 of 2026

Judge

["DR Kavedza"]

The court found sufficient grounds to review the sentence because the applicant had served a substantial term, demonstrated rehabilitation, received favourable probation and prison reports, and showed good prospects for reintegration; continued incarceration would add little rehabilitative value, so a probation order better served sentencing objectives.

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• Trafficking in narcotic drugs
• Review of lawful sentence
• Probation order
• Rehabilitation
• Remission
• Non-custodial sentence

In re Estate of M’mugambi (Deceased)

In re Estate of M’mugambi (Deceased) (Succession Cause E020 of 2025) [2026] KEHC 13105 (KLR) (18 August 2026) (Ruling)

Court

High Court

Case number

Succession Cause E020 of 2025

Judge

["DK Rono"]

The Court found that the Applicants had shown sufficient cause to be allowed to file their objection and cross-petition out of time because their alleged lack of actual knowledge of the filed cause was not plainly untenable and exclusion on procedure would risk injustice. However, the Court declined to interfere with the existing management of rental income or appoint a co-administrator because the evidential threshold for such drastic interim intervention had not been met and the admission/representation issues were premature. The Court instead ordered a detailed account of rental income and…

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• Enlargement of time
• Objection and cross-petition
• Preservation of estate assets
• Rental income account
• Co-administrator appointment
• Interim orders pending succession dispute

Bare v Petroleum Institute of East Africa & another

Bare v Petroleum Institute of East Africa & another (Miscellaneous Criminal Application E112 of 2025) [2026] KEHC 13058 (KLR) (18 August 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Criminal Application E112 of 2025

Judge

["AM Muteti"]

The impugned revision orders were unlawful and irregular because they enhanced sentence against the applicant without affording him a hearing as required by section 364(2) of the Criminal Procedure Code and Article 50 of the Constitution. The confusing record left doubt as to the identity of the unrepresented respondent, and that doubt had to be resolved in the applicant’s favour. The orders were therefore set aside and the revision application remitted for hearing inter partes.

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• Criminal revision
• Right to be heard
• Audi alteram partem
• Sentence enhancement
• Natural justice
• High court supervisory jurisdiction

SBZ v Republic

SBZ v Republic (Criminal Appeal E104 of 2025) [2026] KEHC 12949 (KLR) (18 August 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E104 of 2025

Judge

["FN Kyambia"]

[2026] KEHC 12949 (KLR)

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Nyaribo t/a IN Nyaribo & Company Advocates v Public Service Commission & 3 others

Nyaribo t/a IN Nyaribo & Company Advocates v Public Service Commission & 3 others (Petition E124 of 2024) [2026] KEHC 12955 (KLR) (Constitutional and Human Rights) (18 August 2026) (Judgment)

Court

High Court

Case number

Petition E124 of 2024

Judge

["RE Aburili"]

The court held that the preliminary objection failed because it depended on factual and substantive questions tied to the merits of the petition, not a pure point of law; the petition was not moot despite the recruitment having been completed because constitutional jurisdiction to test legality remained intact; however, the petitioner did not plead the alleged violations with reasonable precision and did not rebut the presumption of constitutionality attaching to Sections 13, 13B, 13C and 14 of the CBK Act. The impugned provisions were upheld as rational, proportionate safeguards against conf…

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• Constitutionality of statutory qualifications and disqualifications
• Equality and non-discrimination
• Fair administrative action
• Fair labour practices
• Pleading precision in constitutional petitions
• Preliminary objection

Platinum Credit Ltd v Ngolo & another

Platinum Credit Ltd v Ngolo & another (Civil Appeal E1295 of 2024) [2026] KEHC 12912 (KLR) (Civ) (18 August 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E1295 of 2024

Judge

["LP Kassan"]

The Court upheld liability because the Commissioner substantially complied with fair administrative procedure and the evidence supported a finding that Platinum Credit Limited, as data controller, unlawfully processed the 1st Respondent’s personal data for marketing without consent through communications linked to its commercial operations and agents. The Court further held that the compensation award, though inadequately reasoned in the decision below, fell within a lawful range on independent appellate re-evaluation, and the Enforcement Notice was upheld to take effect from the date of judg…

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• Procedural fairness
• Natural justice
• Personal data processing
• Direct marketing
• Consent
• Compensation for privacy violation

Mutuerandu v Yetu Sacco Limited & another

Mutuerandu v Yetu Sacco Limited & another (Civil Suit E022 of 2025) [2026] KEHC 13121 (KLR) (18 August 2026) (Ruling)

Court

High Court

Case number

Civil Suit E022 of 2025

Judge

["HM Nyaga"]

The applicant failed to establish a prima facie case because the evidence showed persistent loan default, the loan contract did not make repayment contingent on government receipts, the statutory notices were duly issued and served, and a valid forced sale valuation had been undertaken. The applicant also failed to show irreparable harm because the charged property was a security whose loss is compensable in damages. The balance of convenience favored the respondent, which was entitled to realize the security upon default.

Source excerpt

• Interlocutory injunction
• Statutory power of sale
• Charge over land
• Statutory notices under the land act
• Forced sale valuation
• Loan default

Odundo v Republic

Odundo v Republic (Criminal Appeal E037 of 2026) [2026] KEHC 13060 (KLR) (18 August 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E037 of 2026

Judge

["DR Kavedza"]

The appellant was lawfully convicted because the evidence showed that he was entrusted with the motor vehicle for a limited purpose, but instead converted it to his own use by using it as security for a loan without the owner's authority, which satisfied the elements of stealing a motor vehicle under sections 268(1) and 278A of the Penal Code. However, the appellate court found that, given the appellant's age, medical condition, first-offender status, and pre-sentence report, justice required substitution of the custodial sentence with probation.

Source excerpt

• Stealing of a motor vehicle
• Conversion of entrusted property
• First appeal re-evaluation of evidence
• Burden and standard of proof
• Non-custodial sentence
• Probation order

Kararwa v Mucheu & 8 others

Kararwa v Mucheu & 8 others (Environment and Land Case E009 of 2024) [2026] KEELC 5339 (KLR) (18 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E009 of 2024

Judge

["BM Eboso"]

The applicants failed to lay adequate evidentiary foundation for res judicata at the interlocutory stage: they did not prove the relationship between the plaintiff and Stanley Mbiuki, and they did not properly exhibit the green card or other decisive evidence showing that the suit parcels are subdivisions of parcel 1075. Because the matching of parties/privies and the land genealogy were not established on the record, the court could not strike out the suit in limine. The res judicata question must be determined at trial on proper evidence.

Source excerpt

• Res judicata
• Striking out suit
• Interlocutory application
• Burden of proof
• Indefeasibility of title
• Succession-based transmission of land