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Kenya Case Law

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Tax law [2026] KETAT 281 (KLR)

Ngulli v Commissioner of Domestic Taxes

Ngulli v Commissioner of Domestic Taxes (Tax Appeal E927 of 2025) [2026] KETAT 281 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E927 of 2025
Judge
["RM Mutuma", "JM Malla", "G Ogaga", "T Vikiru"]

The Tribunal held that the Respondent did not reject the objection as invalid under section 51(4) of the Tax Procedures Act; instead it considered the material before it and issued an appealable objection decision under section 51(8). On the merits, the Appellant failed to place before the Tribunal the key documents it alleged were filed before the Respondent, and therefore failed to rebut the presumptive correctness of the assessments or prove that the income tax and VAT assessments were excessive or wrong. The appeal failed.

Source excerpt

  • Income tax assessments
  • Vat assessments
  • Objection validity under tax procedures act
  • Burden of proof in tax appeals
  • Input vat deductions
  • Best judgment assessment
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Constitutional law [2026] KEELRC 2408 (KLR)

Peter v Commission on Administrative Justice & another

Peter v Commission on Administrative Justice & another (Petition E202 of 2026) [2026] KEELRC 2408 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E202 of 2026
Judge
["M Mbarũ"]

The court held that although the petition raised serious issues about recruitment of the CEO of a constitutional commission, the petitioner expressly presented himself as a public-interest litigant and not as a person suing in his capacity as a prospective employee. In light of Article 165(5), Article 162(2), section 12 of the ELRC Act, and the binding Supreme Court decision in Moi Teaching and Referral Hospital & 3 others v Gikenyi & 74 others, the matter fell outside the ELRC’s jurisdiction. The court therefore struck out the petition.

Source excerpt

  • Jurisdiction of the employment and labour relations court
  • Distinction between high court and specialised courts
  • Locust standi / standing in public interest petitions
  • Recruitment and employment disputes involving constitutional commissions
  • Effect of supreme court precedent on elrc jurisdiction
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Civil procedure [2026] KEHC 12866 (KLR)

New Rafiki Machinery Sales & Services Ltd & another v Ruga

New Rafiki Machinery Sales & Services Ltd & another v Ruga (Civil Appeal E033 of 2025) [2026] KEHC 12866 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E033 of 2025
Judge
["MA Odero"]

The appeal failed because the magistrate’s court was functus officio and lacked jurisdiction to revisit a matter that had already been determined by the High Court; the appellants were attempting to relitigate issues previously adjudicated, so the suo motu dismissal of the application was proper and the appeal was dismissed.

Source excerpt

  • Functus officio
  • Jurisdiction of subordinate court after appeal
  • Setting aside ex parte orders
  • Suo motu dismissal
  • Right to be heard
  • Res judicata / relitigation
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Civil procedure [2026] SCC 208 (KLR)

Cherunya v Max-Global Ltd & 2 others

Cherunya v Max-Global Ltd & 2 others (Commercial Case E651 of 2026) [2026] SCC 208 (KLR) (14 August 2026) (Ruling)

Court
Small Claims Court
Case number
Commercial Case E651 of 2026
Judge
["ME Aligula"]

The claim was not incompetent for want of a verifying affidavit because the Small Claims Court regime does not require one. The undated claim was only a formal irregularity, curable without striking out the matter, especially since no prejudice was shown and the filing date was ascertainable from the record.

Source excerpt

  • Competency of statement of claim
  • Verifying affidavit requirement
  • Undated pleading
  • Procedural formalities
  • Small claims court procedure
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Civil procedure [2026] SCC 224 (KLR)

Kingoro v Muthini

Kingoro v Muthini (Commercial Case E6765 of 2026) [2026] SCC 224 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E6765 of 2026
Judge
["GW Kiamah"]

The claimant proved only Kshs. 400,000 of the alleged loan on a balance of probabilities because the correspondence supported that principal sum, but the additional Kshs. 100,000 claimed as interest was found unconscionable and unenforceable due to its rapid and disproportionate escalation of a friendly loan.

Source excerpt

  • Burden and standard of proof
  • Undefended claim
  • Proof of loan transaction
  • Unconscionable interest
  • Court rates
  • Costs
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Civil procedure [2026] SCC 222 (KLR)

Mwangi v King’ori

Mwangi v King’ori (Commercial Case E97551 of 2025) [2026] SCC 222 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E97551 of 2025
Judge
["GW Kiamah"]

The claimant failed to prove a simple personal liquidated debt because the documents showed an underlying commercial dispute over supply of allegedly adulterated fuel between corporate entities, with non-parties central to the transaction; the Small Claims Court was therefore not the proper forum, and both the claim and counterclaim were struck out.

Source excerpt

  • Liquidated claim
  • Burden and standard of proof
  • Misdescription of cause of action
  • Corporate personality and proper parties
  • Adulterated fuel supply dispute
  • Jurisdiction/forum appropriateness
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Employment and labour law [2026] KEELRC 2410 (KLR)

Mwirigi & 2 others v Social Health Authority & 2 others

Mwirigi & 2 others v Social Health Authority & 2 others (Petition E042 of 2025) [2026] KEELRC 2410 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E042 of 2025
Judge
["M Mbarũ"]

The court found that the judgment of 29 July 2025 remained valid, had not been stayed, and required the respondents to compute and pay exit packages to NHIF staff who opted to retire. More than a year later there had been no compliance or any alternative computation, and the respondents' explanations did not justify the failure. The court held that the respondents' conduct amounted to deliberate non-compliance, but instead of immediate punishment it granted a final 30-day window for compliance and fixed a mention date for reporting compliance or, failing that, personal attendance to show caus…

Source excerpt

  • Enforcement of judgment
  • Willful disobedience of court orders
  • Exit package for retired employees
  • Nhif to sha transition
  • Payroll and deployment of public officers
  • Fair labour practices
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Constitutional law [2026] KEELRC 2404 (KLR)

Kenya Aviation Workers Union v Africa Global Logistics (Kenya) Ltd

Kenya Aviation Workers Union v Africa Global Logistics (Kenya) Ltd (Petition E273 of 2025) [2026] KEELRC 2404 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E273 of 2025
Judge
["M Mbarũ"]

The court held that section 57(2) of the Labour Relations Act entitled the petitioner to relevant information for effective collective bargaining, but not a wholesale disclosure of all names and individual identifying particulars. Balancing Article 41 rights against Article 31 privacy and the Data Protection Act, the court found that anonymised, aggregated workforce information by designation and grade, together with a list of unionisable employees on the shop floor, was sufficient to enable bargaining. It therefore ordered disclosure limited to that extent and declined to compel release of i…

Source excerpt

  • Collective bargaining
  • Disclosure of information in cba negotiations
  • Access to information
  • Privacy and personal data
  • Outsourced labour and shop floor rights
  • Recognition agreements
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Civil procedure [2026] SCC 215 (KLR)

Obado v Yogo

Obado v Yogo (Commercial Case E98283 of 2025) [2026] SCC 215 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E98283 of 2025
Judge
["GW Kiamah"]

The claimant failed to prove on a balance of probabilities that the money transferred to the respondent იყო a loan rather than voluntary financial support exchanged during a romantic relationship. There was no written loan agreement, acknowledgment of indebtedness, repayment schedule, or clear admission by the respondent, and the claimant's inconsistent figures further undermined the claim.

Source excerpt

  • Burden of proof
  • Proof of loan agreement
  • Romantic relationship and financial support
  • Inconsistent claims amount
  • Whatsapp communications as evidence
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Civil procedure [2026] KEMC 514 (KLR)

Maroa v Sukari Industries Ltd

Maroa v Sukari Industries Ltd (Civil Case E057 of 2024) [2026] KEMC 514 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E057 of 2024
Judge
["JP Nandi"]

The magistrate’s court lacked jurisdiction to transfer the suit to the Sugar Arbitration Tribunal because the power to withdraw and transfer proceedings from a subordinate court is reserved to the High Court under Section 18 of the Civil Procedure Act; therefore the application failed as a matter of jurisdiction.

Source excerpt

  • Transfer of suit
  • Jurisdiction of subordinate court
  • High court powers under section 18 civil procedure act
  • Sugar arbitration tribunal
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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.