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Succession law [2026] KEHC 12855 (KLR)

In re Estate of Karobia (Deceased)

In re Estate of Karobia (Deceased) (Probate & Administration E013 of 2024) [2026] KEHC 12855 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Probate & Administration E013 of 2024
Judge
["MA Odero"]

The court held that the alleged land gifts were not perfected or completed because the transfer documents were either incomplete or unsigned and no registration had occurred, so the parcels remained part of the estate; Regina Nyakairu Ndiritu was not proved to be a dependant; and, given the contested family circumstances, the estate should be distributed equally among the beneficiaries. The protest was therefore dismissed and the amended summons for confirmation of grant allowed.

Source excerpt

  • Intestate succession
  • Polygamous estate distribution
  • Section 40 law of succession act
  • Gifts inter vivos
  • Dependency under section 29
  • Confirmation of grant
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Employment and labour law [2026] KEELRC 2411 (KLR)

Shimanyula v Kenya Industrial Estates Ltd

Shimanyula v Kenya Industrial Estates Ltd (Cause E695 of 2020) [2026] KEELRC 2411 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E695 of 2020
Judge
["M Mbarũ"]

The court held that the respondent had valid and fair reasons to dismiss the claimant because he prepared and signed a loan appraisal containing false location details and misleading photographs, admitted giving false information, and thereby exposed the respondent to attempted fraud. The court further held that the respondent complied with procedural fairness by issuing a show cause letter, receiving a response, holding a disciplinary hearing, and scheduling an appeal hearing that the claimant failed to attend. The dismissal was therefore substantively and procedurally fair.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Gross misconduct
  • Procedural fairness
  • Disciplinary hearing
  • Appeal process
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Environment and land law [2026] KEELC 5318 (KLR)

Osman v Osman & 3 others

Osman v Osman & 3 others (Environment and Land Appeal E118 of 2026) [2026] KEELC 5318 (KLR) (14 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E118 of 2026
Judge
["JA Orwa"]

The court held that the applicant did not establish special circumstances for stay of proceedings, did not prove substantial loss or a nugatory appeal for stay of execution, and did not justify injunctive relief. The impugned order arose in pending proceedings before the magistrate’s court, no eviction process had actually commenced, and the motion was premature and an abuse of due process. The application was therefore dismissed, with each party bearing own costs.

Source excerpt

  • Stay of execution pending appeal
  • Stay of proceedings
  • Interlocutory injunction
  • Substantial loss
  • Nugatory appeal test
  • Abuse of process
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Employment and labour law [2026] KEELRC 2389 (KLR)

Ayakoh v National Social Security Fund

Ayakoh v National Social Security Fund (Petition E223 of 2026) [2026] KEELRC 2389 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E223 of 2026
Judge
["M Mbarũ"]

Although the court accepted that it had jurisdiction to hear disputes arising from recruitment and alleged discrimination, the petitioner’s challenge was premature because he did not first invoke the respondent’s internal grievance procedures under the HR Policy. The doctrine of exhaustion applied, no exceptional circumstances were shown, and the petition was therefore struck out.

Source excerpt

  • Doctrine of exhaustion
  • Jurisdiction over pre-employment recruitment disputes
  • Internal grievance mechanisms
  • Fair administrative action
  • Equal treatment and discrimination
  • Constitutional petition threshold
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Tax law [2026] KETAT 279 (KLR)

Pirmohammed Enterprises Limited v Commissioner of Legal Services & Board Coordination

Pirmohammed Enterprises Limited v Commissioner of Legal Services & Board Coordination (Tax Appeal E1160 of 2025) [2026] KETAT 279 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1160 of 2025
Judge
["RM Mutuma", "G Ogaga", "T Vikiru", "JM Malla"]

The Tribunal held that the appeal was properly before it because an objection-invalidation decision is appealable, but the Appellant failed to prove compliance with Section 51(3) of the Tax Procedures Act. The notice of objection and supporting documents were not produced, so the Tribunal could not find that all required documents had been submitted. On that basis, the Respondent was justified in invalidating the objection, and the appeal failed.

Source excerpt

  • Vat assessments
  • Late objection
  • Validity of objection notice
  • Burden of proof under tax procedures act
  • Right to fair administrative action
  • Appealable tax decision
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Civil procedure [2026] KEHC 12834 (KLR)

Transline Classic Limited & another v Aloo

Transline Classic Limited & another v Aloo (Civil Appeal 54 of 2021) [2026] KEHC 12834 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal 54 of 2021
Judge
["JK Sergon"]

The appeal failed because the evidence supported the trial court’s finding that the 2nd appellant drove carelessly, hit the trailer from behind, and failed to maintain a safe distance or control speed; the respondent, being a passenger, bore no contributory blame. The general damages award of Kshs. 170,000 was within acceptable range for the proven soft tissue injuries and was not shown to be an erroneous estimate, while special damages of Kshs. 7,550 were strictly proved by receipts.

Source excerpt

  • Appellate review of findings on liability
  • Negligence by driver of public service vehicle
  • Passenger claim
  • Assessment of general damages for soft tissue injuries
  • Proof of special damages
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Employment and labour law [2026] KEELRC 2401 (KLR)

Gicheru v Kenya Utalii College & another

Gicheru v Kenya Utalii College & another (Petition E160 of 2026) [2026] KEELRC 2401 (KLR) (14 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Petition E160 of 2026
Judge
["M Mbarũ"]

The application for contempt failed because the underlying conservatory orders sought to preserve an acting appointment that the court had already found had legally ceased on 9 May 2026; contempt cannot be founded on an order that would entrench an illegality, and the petitioner therefore did not establish a lawful basis for leave to commence contempt proceedings.

Source excerpt

  • Conservatory orders
  • Disobedience of court orders
  • Acting appointment in public service
  • Leave to institute contempt proceedings
  • Status quo orders
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Civil procedure [2026] KEELC 5286 (KLR)

Troy Medicare Pharmacy Ltd v Pekee Developments Ltd & another

Troy Medicare Pharmacy Ltd v Pekee Developments Ltd & another (Environment and Land Case E235 of 2023) [2026] KEELC 5286 (KLR) (14 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E235 of 2023
Judge
["JG Kemei"]

The court held that because the applicant was in possession of the suit land, asserted a direct leasehold interest, and the consolidated suit would not be fully and effectually determined without its participation as a principal party, it was a necessary party. The prior designation as an interested party was reviewed and varied for sufficient reason to allow complete adjudication of all competing claims, and the applicant was properly designated as the 2nd defendant.

Source excerpt

  • Review of court orders
  • Joinder of parties
  • Necessary party
  • Consolidation of suits
  • Leasehold interests
  • Interest party versus defendant designation
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Family law [2026] KEHC 12849 (KLR)

EAO v CEOO

EAO v CEOO (Civil Appeal E017 of 2025) [2026] KEHC 12849 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E017 of 2025
Judge
["CM Kariuki"]

The court refused to disturb the existing custody arrangement because the application was interlocutory, the appeal would be prejudged by making final custody findings at that stage, no immediate or substantial danger to the child was shown, and maintaining stability, schooling, and continuity best served the child’s welfare pending an expeditious hearing of the appeal.

Source excerpt

  • Interim custody pending appeal
  • Best interests of the child
  • Status quo orders
  • Child education and welfare
  • Parental access
  • In camera child interview
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Civil procedure [2026] KEHC 12877 (KLR)

Kenya Ports Authority v Oruko & another

Kenya Ports Authority v Oruko & another (Civil Appeal E050 of 2025) [2026] KEHC 12877 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E050 of 2025
Judge
["J Ngaah"]

The appellant was not proved to have prosecuted the respondent, procured the charge, or acted with malice. The evidence showed only that it reported a genuine suspected theft at its premises, after which police independently decided whom to arrest and charge. Because the first, third, and fourth elements of malicious prosecution were not proved against the appellant, liability could not attach to it, and the trial court’s judgment had no legal basis as against the appellant.

Source excerpt

  • Elements of malicious prosecution
  • Reasonable and probable cause
  • Malice
  • Role of complainant versus prosecutor
  • Independent prosecutorial discretion
  • Standard of proof on first appeal
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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.