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Criminal law [2026] KEHC 12875 (KLR)

Republic v Busienei alias Ngori

Republic v Busienei alias Ngori (Criminal Case E018 of 2023) [2026] KEHC 12875 (KLR) (14 August 2026) (Sentence)

Court
High Court
Case number
Criminal Case E018 of 2023
Judge
["CM Kariuki"]

The court held that a custodial sentence was necessary because the accused carried out a sustained and fatal assault, the offence caused irreversible loss of life, and a non-custodial term would not meet the objectives of retribution, deterrence, and community protection; however, life imprisonment would be excessive given the guilty plea, first-offender status, and acceptance of responsibility, so a ten-year term was proportionate.

Source excerpt

  • Manslaughter
  • Plea bargaining
  • Mitigation
  • First offender sentencing
  • Intoxication as mitigation
  • Custodial sentence
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Civil procedure [2026] KEHC 12868 (KLR)

Sahel Freighters Ltd & another v Kanji & 2 others (All practising as AB Patel & Patel LLP, Advocates)

Sahel Freighters Ltd & another v Kanji & 2 others (All practising as AB Patel & Patel LLP, Advocates) (Miscellaneous Application E074 of 2025) [2026] KEHC 12868 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Miscellaneous Application E074 of 2025
Judge
["J Ngaah"]

The Court held that the absence of a notice of objection and a separate request for reasons did not defeat the application because the taxation ruling was self-contained; that the Applicants sufficiently explained the delay by showing they lacked notice of the ruling date and moved promptly after learning of it; and that the Mombasa Taxing Officer had jurisdiction to tax the advocate-client bill because such a bill is founded on the retainer and is not confined to the station of the parent suit. The application for enlargement of time succeeded, while the substantive challenge to jurisdiction…

Source excerpt

  • Extension of time
  • Reference against taxation
  • Jurisdiction of taxing officer
  • Notice of delivery of ruling
  • Self-contained taxation ruling
  • Advocate-client bill of costs
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Medical negligence [2026] KEHC 12838 (KLR)

Mwarua v Pandya Memorial Society Registered Trustees & 2 others

Mwarua v Pandya Memorial Society Registered Trustees & 2 others (Civil Suit 333 of 2009) [2026] KEHC 12838 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Civil Suit 333 of 2009
Judge
["J Ngaah"]

The court held that the 2nd and 3rd defendants were not proved negligent: the evidence did not establish intra-arterial cannulation, and the consultant's diagnosis and emergency response met the Bolam standard. However, the 1st defendant was liable because its nursing and resident medical staff failed to ensure medical review, escalation and monitoring after the child complained of severe pain at the cannula site and the cannula was removed; that systemic failure breached the hospital's non-delegable duty and, on the balance of probabilities, materially caused the progression to gangrene and…

Source excerpt

  • Duty of care
  • Standard of care in medical practice
  • Pleadings and unpleaded issues
  • Causation
  • Hospital liability
  • Special damages
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Tax law [2026] KETAT 283 (KLR)

Chairmania Events Ltd v Commissioner for Investigation and Enforcement

Chairmania Events Ltd v Commissioner for Investigation and Enforcement (Tax Appeal E1370 of 2025) [2026] KETAT 283 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1370 of 2025
Judge
["RM Mutuma", "T Vikiru", "G Ogaga", "JM Malla"]

The Tribunal held that the valid objection was lodged on 19 August 2025, so the objection decision issued on 16 October 2025 was within the 60-day statutory period. On the merits, the Appellant produced invoices, ETR receipts, bank records, ledgers, payment vouchers, and proof of payment sufficient to meet the requirements of section 17 of the VAT Act. The Respondent could not lawfully impose a further burden requiring the Appellant to verify third-party supplier filings or supplier confirmations not demanded by the statute. The Respondent therefore erred in disallowing the input VAT and rais…

Source excerpt

  • Input vat deduction
  • Burden of proof in tax disputes
  • Objection decision timelines
  • Missing trader allegations
  • Validity of tax invoices and etr receipts
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Criminal law [2026] KEHC 12873 (KLR)

Republic v Sepepiari & 2 others

Republic v Sepepiari & 2 others (Criminal Case E006 of 2026) [2026] KEHC 12873 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Criminal Case E006 of 2026
Judge
["CM Kariuki"]

The prosecution failed to prove compelling reasons on a balance of probabilities. Pending criminal cases and an adverse pre-bail recommendation, without evidence of absconding, breach of bond, intimidation, or interference, do not justify blanket denial of bond. The identified risks were manageable through strict bond conditions, so all accused persons were admitted to bond.

Source excerpt

  • Murder charge
  • Right to bond or bail
  • Compelling reasons
  • Pre-bail assessment
  • Presumption of innocence
  • Sureties and bond conditions
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Criminal law [2026] KEHC 12858 (KLR)

Republic v Korir & another

Republic v Korir & another (Criminal Case E007 of 2026) [2026] KEHC 12858 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Criminal Case E007 of 2026
Judge
["CM Kariuki"]

The court found that the prosecution had established compelling reasons because the accused persons and material witnesses came from or resided in the same locality, creating a real likelihood of witness interference and a proximate risk to the integrity of the trial; bond was therefore declined at this stage.

Source excerpt

  • Bond and bail
  • Compelling reasons to deny bond
  • Witness interference
  • Public safety and community tension
  • Pre-bail probation reports
  • Presumption of innocence
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Employment and labour relations [2026] KEELRC 2407 (KLR)

Awino v Public Service Commission & 4 others

Awino v Public Service Commission & 4 others (Petition E176 of 2026) [2026] KEELRC 2407 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E176 of 2026
Judge
["M Mbarũ"]

The court held that the petition’s overriding and fundamental subject was a public procurement dispute concerning termination of a road tender, not an employment and labour relations dispute. Because the petitioner litigated in the public interest and sought procurement-related and integrity-based relief unrelated to any direct or indirect employment relationship, the ELRC lacked jurisdiction. The preliminary objections were therefore well founded and the petition was struck out.

Source excerpt

  • Jurisdiction of the employment and labour relations court
  • Preliminary objections
  • Public interest litigation
  • Removal of public officers for integrity issues
  • Procurement dispute adjudication
  • Leadership and integrity enforcement
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Civil procedure [2026] SCC 217 (KLR)

Wayongo v Worrow Ltd

Wayongo v Worrow Ltd (Commercial Case E6749 of 2026) [2026] SCC 217 (KLR) (14 August 2026) (Ruling)

Court
Small Claims Court
Case number
Commercial Case E6749 of 2026
Judge
["GW Kiamah"]

The court held that service was not proved because there was no affidavit or certificate of service, no notice of appointment by the respondent, and no filed correspondence establishing the alleged email address as authorized by the respondent. Without proof of service, default judgment could not issue and the claim was incompetent, warranting striking out for want of service.

Source excerpt

  • Service of pleadings
  • Proof of service
  • Default judgment
  • Natural justice
  • Striking out claim for want of service
  • Case management and compliance with court directions
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Employment and labour law [2026] KEELRC 2400 (KLR)

Muli v Teachers Service Commission & 5 others

Muli v Teachers Service Commission & 5 others (Petition E073 of 2025) [2026] KEELRC 2400 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E073 of 2025
Judge
["M Mbarũ"]

The petition was not a proper constitutional petition because the dispute arose from an employment disciplinary process and the challenge to Regulation 147(4) of the Code of Regulations for Teachers could competently be pursued in a memorandum of claim under the ELRC framework. No relief was sought against the 3rd respondent or the interested parties, making their joinder unnecessary. The preliminary objections and objections on misjoinder succeeded.

Source excerpt

  • Constitutional avoidance
  • Doctrine of exhaustion
  • Misjoinder of parties
  • Disciplinary process for teachers
  • Proper pleading under elrc procedure rules
  • Challenge to subsidiary legislation
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Employment law [2026] KEELRC 2387 (KLR)

Omar (Suing on Behalf of the Estate of H.E. Keneth Mwakombo Kamto) v County Government of Kilifi

Omar (Suing on Behalf of the Estate of H.E. Keneth Mwakombo Kamto) v County Government of Kilifi (Cause E016 of 2025) [2026] KEELRC 2387 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Cause E016 of 2025
Judge
["M Mbarũ"]

The court held that the respondent had shown a sufficient basis to amend its response because the additional records were material to the dispute over alleged house allowance arrears and could assist the court in determining the real issues on merit. Since the cause of action remained distinct and the proceedings would be unnecessary if the claim had already been settled in the earlier constitutional litigation, the summons against the respondent's officers were lifted, but the amendment was conditioned on strict compliance with filing timelines.

Source excerpt

  • Amendment of pleadings
  • Stay of summons to attend court
  • Admission of liability
  • House allowance for county deputy governor
  • Case management and timelines
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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.