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Employment and labour law [2026] KEELRC 2392 (KLR)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025) [2026] KEELRC 2392 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E302 of 2025
Judge
["M Mbarũ"]

The appeal failed because the appellant’s own records showed the respondent was present and signed in on 30 and 31 January 2024, yet the appellant alleged absenteeism and desertion on those very dates. The court found the disciplinary process and records unreliable and manipulated, held that the respondent was unfairly terminated, and affirmed conversion of the relationship into protected employment under section 37. However, the court adjusted the monetary award to reflect the respondent’s wage and statutory limits, upheld compensation and notice pay, allowed leave and underpayments on revis…

Source excerpt

  • Unfair termination
  • Desertion of duty
  • Casual employment conversion under section 37
  • Burden of proof in unfair termination claims
  • Notice pay
  • Compensation for unfair termination
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Tax law [2026] KETAT 275 (KLR)

Ranen Ochuna Medical Centre v Commissioner of Legal Services & Board Services

Ranen Ochuna Medical Centre v Commissioner of Legal Services & Board Services (Tax Appeal E1251 of 2025) [2026] KETAT 275 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1251 of 2025
Judge
["RM Mutuma", "JM Malla", "G Ogaga", "T Vikiru"]

The Tribunal held that the Respondent was justified in treating the Appellant’s objection as invalid because the Appellant failed to meet the cumulative requirements of section 51(3) of the Tax Procedures Act, particularly the duty to submit all relevant supporting documents. The Respondent identified the missing documents, gave opportunities and reminders to comply, and lawfully rejected the objection under section 51(4). Because the objection was invalid, the Tribunal could not determine the merits or quantum of the underlying tax assessment.

Source excerpt

  • Validity of tax objection under section 51 of the tax procedures act
  • Burden of proof in tax disputes
  • Best judgment assessment
  • Documentary substantiation of tax objections
  • Fair administrative action
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Criminal law [2026] KEHC 13106 (KLR)

Mwangi v Republic

Mwangi v Republic (Miscellaneous Criminal Application E057 of 2026) [2026] KEHC 13106 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E057 of 2026
Judge
["DK Rono"]

The trial court's bond terms were unreasonably onerous in the circumstances because there was no evidence of exceptional flight risk or other compelling reason for such a high property-based condition, and the absence of an alternative cash-bail option made release practically dependent on an unnecessary financial impediment. The High Court therefore interfered under its revisionary jurisdiction and substituted more proportionate terms that would still secure attendance at trial.

Source excerpt

  • Revisionary jurisdiction of the high court
  • Reasonableness and proportionality of bond terms
  • Right to bail under article 49(1)(h)
  • Alternative cash bail
  • Supervisory jurisdiction over subordinate courts
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Tax law [2026] KETAT 278 (KLR)

Harley Berry Limited v Commissioner of Domestic Taxes

Harley Berry Limited v Commissioner of Domestic Taxes (Tax Appeal E1247 of 2025) [2026] KETAT 278 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1247 of 2025
Judge
["RM Mutuma", "JM Malla", "T Vikiru", "G Ogaga"]

The Appellant failed to discharge its burden of proof because it did not file the statutory source documents required to support input tax claims, including invoices, supplier confirmations, and bank statements. Without those documents, the Tribunal could not find that the Respondent erred in confirming the assessment, and the assessment was therefore upheld.

Source excerpt

  • Burden of proof in tax appeals
  • Input tax deduction
  • Record-keeping obligations
  • Objection procedures
  • Best judgment assessments
  • Vat assessment confirmation
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Civil procedure [2026] KEMC 519 (KLR)

Robert v Sukari Industries Ltd

Robert v Sukari Industries Ltd (Civil Case E018 of 2024) [2026] KEMC 519 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E018 of 2024
Judge
["JP Nandi"]

The court held that it lacked jurisdiction to transfer the matter to the Sugar Arbitration Disputes Tribunal because sections 17 and 18 of the Civil Procedure Act vest transfer powers in the High Court, not in a subordinate court. The defendant’s request therefore failed for want of jurisdiction.

Source excerpt

  • Transfer of suits
  • High court transfer powers
  • Subordinate court jurisdiction
  • Sugar act section 47
  • Want of jurisdiction
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Civil procedure [2026] SCC 220 (KLR)

Kiarie v Moya

Kiarie v Moya (Commercial Case E98128 of 2025) [2026] SCC 220 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E98128 of 2025
Judge
["GW Kiamah"]

The claimant proved the existence of the transactions and the unpaid amounts, while the respondent failed to prove the alleged cash repayment of Kshs. 55,000/=. The claimant also proved only Kshs. 25,000/= actually paid for the PlayStation 5 transaction, but failed to strictly prove the alleged Kshs. 35,000/= expenses. Judgment was therefore entered only for the proved monetary loss.

Source excerpt

  • Recovery of unpaid purchase balance
  • Trade-in transaction dispute
  • Special damages strict proof
  • Burden of proof
  • Interest and costs
  • Stay of execution
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Succession law [2026] KEHC 12876 (KLR)

In re Estate of Muya (Deceased)

In re Estate of Muya (Deceased) (Succession Cause 68 of 1985) [2026] KEHC 12876 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Succession Cause 68 of 1985
Judge
["JK Sergon"]

The application failed because the estate had been fully distributed upon confirmation of grant in 1991, no ongoing proceedings existed to stay, the applicant offered no explanation for the 35-year delay, the draft memorandum did not disclose prima facie arguable grounds for appellate consideration, and no security for due performance was proposed. Leave to appeal and stay were therefore unavailable.

Source excerpt

  • Leave to appeal
  • Stay of proceedings
  • Revocation of grant
  • Finality of confirmed grant
  • Delay and laches
  • Substantial loss
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Constitutional law [2026] KEHC 12852 (KLR)

Rubia v Kenya Power & Lighting Company Plc & 4 others

Rubia v Kenya Power & Lighting Company Plc & 4 others (Petition E006 of 2025) [2026] KEHC 12852 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Petition E006 of 2025
Judge
["J Ngaah"]

The court held that the dispute between KPLC and Nairobi County was, in substance, an intergovernmental dispute because KPLC functions as an agency of the national government in a shared constitutional function. KPLC was therefore bound to pursue consultation, negotiation, ADR and the section 161 Energy Act reporting pathway before any disconnection. Its unilateral disconnection of County offices and essential installations without prior recourse to those mechanisms and without adequate prior public notice was unlawful, procedurally unfair, and invalid to that extent. The threats to disconnec…

Source excerpt

  • Article 189 intergovernmental dispute resolution
  • Section 161 energy act reporting procedure
  • Electricity disconnection to county government
  • Socio-economic rights and threatened violations
  • Procedural fairness and public notice
  • Public interest standing
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Civil procedure [2026] KEMC 516 (KLR)

Rioba v Sukari Industries Ltd

Rioba v Sukari Industries Ltd (Civil Case E054 of 2024) [2026] KEMC 516 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E054 of 2024
Judge
["JP Nandi"]

The magistrate's court held that it lacks jurisdiction to transfer the suit from itself to the Sugar Arbitration Disputes Tribunal because the power of transfer under section 18 of the Civil Procedure Act is reserved to the High Court; therefore the application was dismissed for want of jurisdiction.

Source excerpt

  • Transfer of suit
  • Jurisdiction of subordinate court
  • High court transfer powers
  • Sugar arbitration disputes tribunal
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Civil procedure [2026] KEMC 518 (KLR)

John v Sukari Industries Ltd

John v Sukari Industries Ltd (Civil Case E060 of 2024) [2026] KEMC 518 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E060 of 2024
Judge
["JP Nandi"]

The court held that it lacked jurisdiction to transfer the matter to the Sugar Arbitration Tribunal because the power to withdraw and transfer proceedings is reserved to the High Court under section 18 of the Civil Procedure Act. The subordinate court therefore dismissed the application for want of jurisdiction.

Source excerpt

  • Transfer of suits
  • Power of subordinate courts
  • High court jurisdiction
  • Sugar arbitration tribunal
  • Want of jurisdiction
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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.