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Land law [2026] KEELC 5320 (KLR)

Kinegeni v Kinegeni & another (Land Case Appeal E019 of 2024)

Kinegeni v Kinegeni & another (Land Case Appeal E019 of 2024) [2026] KEELC 5320 (KLR) (17 August 2026) (Judgment)

The respondents pleaded fraud with sufficient particulars, but they failed to prove the pleaded fraud. Their case rested largely on suspicion, general assertions of the deceased's illness, and untested allegations of forgery and incapacity. They produced no cogent evidence of forged documents, no proof of mental incapacity on the specific transfer date, and no registry evidence from the Land Registrar. By contrast, the admitted additional evidence showed that the Land Control Board sanctioned the transfer and that the transfer was presented for registration on 22/11/2019. The appellant's titl…

  • Fraudulent transfer of land
  • Burden and standard of proof
  • Pleading and proof of fraud
  • Validity of title under section 26 land registration act
  • Appellate re-evaluation of evidence
  • Additional evidence on appeal
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Criminal law [2026] KEHC 13062 (KLR)

Republic v Gathugu alias Macha

Republic v Gathugu alias Macha (Criminal Case E082 of 2022) [2026] KEHC 13062 (KLR) (17 August 2026) (Judgment)

The court found that the accused was proved to have participated in an unlawful assault on the deceased together with Kamnyo, but the prosecution did not prove malice aforethought. The injuries, the postmortem findings, the drinking context, and the revenge-driven confrontation supported manslaughter, not murder. The date discrepancy in the information did not prejudice the accused or render the trial unfair, because he understood the case and mounted a defence.

  • Murder
  • Manslaughter
  • Malice aforethought
  • Common intention
  • Defective charge sheet
  • Dying declaration
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Criminal law [2026] KEHC 13036 (KLR)

Tahalil v Director of Public Prosecution & another

Tahalil v Director of Public Prosecution & another (Criminal Miscellaneous Application E104 of 2026) [2026] KEHC 13036 (KLR) (17 August 2026) (Ruling)

The court declined to extend the stay orders because the complainant was elderly and willing to testify, no prejudice would be suffered by the accused if she appeared in the trial court, and the applicant could still challenge her evidence through cross-examination and raise identity issues before the trial court; the lower court trial was therefore allowed to proceed without delay.

  • Stay of proceedings
  • Delay of trial
  • Victims' rights
  • Right to fair hearing
  • Cross-examination
  • Witness appearance
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Insolvency law [2026] KEHC 12839 (KLR)

Buoro v Aluoch t/a Rescue Bookshop

Buoro v Aluoch t/a Rescue Bookshop (Bankruptcy Cause E005 of 2023) [2026] KEHC 12839 (KLR) (14 August 2026) (Ruling)

The creditor had standing under section 272 of the Insolvency Act because he was the sole judgment creditor whose debt founded the bankruptcy order, and no leave was required. The debtor's preliminary objection failed because it mostly raised factual and discretionary matters. The uncontested evidence showed material and wholesale non-compliance with mandatory insolvency procedures, including failure to publish the petition, serve documents, advertise the order, appoint a trustee, obtain and file financial statements, and convene a creditors' meeting. In light of that non-compliance and the a…

  • Bankruptcy petition
  • Receiving order
  • Annulment of bankruptcy order
  • Preliminary objection
  • Locus standi
  • Statutory non-compliance
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Environment and land law [2026] KEELC 5285 (KLR)

Northern Block Residents Ltd & another v Makanjawa Company Ltd & 5 others

Northern Block Residents Ltd & another v Makanjawa Company Ltd & 5 others (Environment and Planning Judicial Review E001 of 2023) [2026] KEELC 5285 (KLR) (14 August 2026) (Ruling)

The court held that the annexure defect was overtaken by the later compliant supplementary affidavit, and that the 6th Respondent was properly before the court. On the merits, the court found the orders of 17/10/24 and 27/2/25 were clear, binding, and known to the 1st, 3rd, 4th and 5th Respondents, yet they resumed construction and tried to justify it through an invalid attempt to regularise a quashed approval instead of obtaining a lawful fresh change of user under PLUPA. That conduct was deliberate disobedience amounting to contempt. The applicants failed to prove contempt against the 2nd a…

  • Change of user
  • Development permission
  • Public participation
  • Enforcement of court orders
  • Joinder of parties
  • Affidavit annexures and evidentiary compliance
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Civil procedure [2026] SCC 216 (KLR)

Mwangi v Lesma Travels Ltd

Mwangi v Lesma Travels Ltd (Commercial Case E6702 of 2026) [2026] SCC 216 (KLR) (14 August 2026) (Judgment)

The claimant discharged the burden of proof by producing the agreement, proof of payment, and a signed refund form acknowledging that services were not rendered and a refund was due. The respondent's unproven assertion of a partial refund could not defeat the documentary evidence. The court therefore found the full claim proved on a balance of probabilities and entered judgment for the claimant.

  • Burden and standard of proof
  • Uncontested claim
  • Refund of monies paid for services not rendered
  • Contractual breach
  • Interest and costs
  • Stay of execution
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Contract law [2026] SCC 214 (KLR)

Crossfix Ltd v St Bridget Hospital Kiambu

Crossfix Ltd v St Bridget Hospital Kiambu (Commercial Case E100077 of 2025) [2026] SCC 214 (KLR) (14 August 2026) (Judgment)

The claimant failed to prove, on a balance of probabilities, that a binding contract existed, that the respondent ordered and received the medical supplies, or that the claimed sum of Kshs. 237,030 was due. The unsigned agreements, self-generated spreadsheet, unsupported invoices, absence of delivery notes or acknowledgments, and unexplained third-party payments did not establish liability against the respondent.

  • Burden of proof
  • Proof of delivery
  • Unsigned contracts
  • Invoices as evidence
  • Third-party payments
  • Costs
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Constitutional law [2026] KEELRC 2399 (KLR)

Mallah v Public Service Commission & another

Mallah v Public Service Commission & another (Petition E245 of 2025) [2026] KEELRC 2399 (KLR) (14 August 2026) (Judgment)

The petition was dismissed because the court held it lacked jurisdiction to entertain the matter as framed, the petitioner was improperly using public interest standing to advance undisclosed private grievances, and the supporting confidential documents were obtained without disclosure, source, or consent and therefore were expunged. On the merits, the redeployment was within the PSC and authorised officer's lawful human resources mandate and no basis was shown to quash it.

  • Jurisdiction of the elrc
  • Public interest litigation
  • Redeployment and deployment of public officers
  • Procedural fairness and fair labour practices
  • Human resource manual and scheme of service compliance
  • Illegally obtained evidence
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Civil procedure [2026] SCC 218 (KLR)

Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller

Nanchang Municipal Engineering Development Group Kenya v Stan Interior Miller (Commercial Case E11629 of 2025) [2026] SCC 218 (KLR) (14 August 2026) (Judgment)

The claimant failed to prove that the disputed sum remained outstanding or was payable to it. The agreement showed the debt arose from KPLC electricity charges, and the respondent proved payment to KPLC directly while the claimant led no evidence from KPLC showing any unpaid balance or reimbursement entitlement. The claim therefore failed on a balance of probabilities.

  • Burden of proof
  • Electricity bill payment agreement
  • Whether claimant proved an outstanding debt
  • Payment made directly to third party
  • Costs and release of deposited funds
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Employment and labour law [2026] KEELRC 2390 (KLR)

Otieno v Kenyatta University (Appeal E064 of 2026)

Otieno v Kenyatta University (Appeal E064 of 2026) [2026] KEELRC 2390 (KLR) (14 August 2026) (Judgment)

The appeal failed because it was fatally defective for want of the decree appealed against, which made the record of appeal incomplete. In any event, the court found that the respondent had proved a valid reason for summary dismissal and followed a fair disciplinary process, so the dismissal was substantively and procedurally justified.

  • Summary dismissal
  • Gross misconduct
  • Procedural fairness
  • Substantive fairness
  • Record of appeal requirements
  • Disciplinary hearing
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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.