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Kenya Case Law

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Civil procedure [2026] KEMC 506 (KLR)

Kombelel & another v Kosgei

Kombelel & another v Kosgei (Environment and Land Case E086 of 2026) [2026] KEMC 506 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Environment and Land Case E086 of 2026
Judge
["ME Aligula"]

The applicants failed to establish a prima facie case because the evidence showed an unresolved boundary dispute and competing claims to adjacent parcels, with no land registrar report to confirm trespass. Having failed the first Giella limb, and with the alleged harm being compensable by damages, the application for injunction was dismissed.

Source excerpt

  • Interlocutory injunction
  • Boundary dispute
  • Prima facie case
  • Irreparable injury
  • Balance of convenience
  • Jurisdiction under section 18(2) land registration act
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Tax law [2026] KETAT 277 (KLR)

University of Washington Global Assistance Program v Commissioner of Customs and Border Control

University of Washington Global Assistance Program v Commissioner of Customs and Border Control (Tax Appeal E1474 of 2025) [2026] KETAT 277 (KLR) (14 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1474 of 2025
Judge
["RM Mutuma", "JM Malla", "T Vikiru", "G Ogaga"]

The Tribunal held that the Appellant failed to prove the goods were classifiable under the headings it proposed, while the Respondent showed that the Aptima diagnostic kits were diagnostic reagents under HS 3822.19.00 and that the specimen collection and waste bag kits were plastic articles under HS 3926.90.90. On valuation, the Tribunal found the Respondent’s adjustment lawful because it was based on the Appellant’s own commercial invoice showing a higher payable price, and the Appellant gave no credible explanation for the variance.

Source excerpt

  • Tariff classification
  • Customs valuation
  • Post-clearance audit
  • Eac common external tariff
  • Transaction value
  • Diagnostic reagents
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Civil procedure [2026] SCC 203 (KLR)

Miruwe v Oguk

Miruwe v Oguk (Commercial Case E4753 of 2025) [2026] SCC 203 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E4753 of 2025
Judge
["ME Aligula"]

The claimant proved that she transferred Ksh 800,000 to the respondent's bank account in April 2024 for purchase of a motor vehicle, and the respondent failed to provide credible evidence that the money was received for another lawful purpose or that the vehicle transaction was completed; the claim for the principal sum therefore succeeded, while the separate demand letter charge was not proved.

Source excerpt

  • Oral contract
  • Proof of payment by bank transfer
  • Burden of proof on balance of probabilities
  • Refund of purchase price
  • Costs and interest
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Civil procedure [2026] KEMC 513 (KLR)

Rioba v Sukari Industries Ltd

Rioba v Sukari Industries Ltd (Cause E054 of 2024) [2026] KEMC 513 (KLR) (14 August 2026) (Ruling)

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

The magistrate’s court held that section 18 of the Civil Procedure Act gives the High Court, not a subordinate court, the power to withdraw and transfer proceedings; therefore this court lacked jurisdiction to transfer the matter to the tribunal and the application was dismissed for want of jurisdiction.

Source excerpt

  • Transfer of suits
  • High court powers under section 18 civil procedure act
  • Subordinate court jurisdiction
  • Want of jurisdiction
  • Sugar act section 47
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Civil procedure [2026] KEELC 5290 (KLR)

Karingo v Attorney General & 5 others

Karingo v Attorney General & 5 others (Environment and Land Case 1404 of 2004) [2026] KEELC 5290 (KLR) (14 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 1404 of 2004
Judge
["JG Kemei"]

Although payment of the reduced costs did not bar the Reference, the 3rd and 4th Interested Parties failed to properly invoke Rule 11 because the alleged notice of objection was not filed on the record within time and, in any event, was out of time and addressed to the wrong registry. The Reference was therefore incompetent and had to be dismissed, along with the Plaintiff’s strike-out application.

Source excerpt

  • Reference under rule 11 of the advocates (remuneration) order
  • Jurisdiction of taxing officer
  • Effect of payment on right to pursue reference
  • Notice of objection to taxation
  • Estoppel and abuse of process
  • Competence of reference
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Children law [2026] KEMC 501 (KLR)

KMS v HHA & 2 others (Children's Case E036 & E006 of 2024 (Consolidated))

KMS v HHA & 2 others (Children's Case E036 & E006 of 2024 (Consolidated)) [2026] KEMC 501 (KLR) (14 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Children's Case E036 of 2024
Judge
["FX Baraka"]

The plaintiff failed to plead or prove fraud, and her 2024 birth certificate and DNA material did not displace the established 2017 placement, the child’s long-term lived reality, or the child’s clear wishes. The court held that foster care had run its lawful course, that actual custody must remain with the first defendant, and that joint legal guardianship best served the child’s welfare by preserving stability while allowing access to siblings and relatives.

Source excerpt

  • Custody
  • Guardianship
  • Foster care
  • Best interests of the child
  • Parens patriae
  • Paternalism
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Civil procedure [2026] KEMC 502 (KLR)

Kimani v Amolo

Kimani v Amolo (Civil Case E108 of 2026) [2026] KEMC 502 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E108 of 2026
Judge
["ME Aligula"]

The Applicant failed to establish a prima facie case because the record showed a competing sale agreement over the same parcel and the same 1/8 acre portion, both allegedly from the same vendor and on the same date, creating a substantial factual dispute that could not be resolved on affidavit evidence. Since the first limb of Giella was not satisfied, the injunction could not issue.

Source excerpt

  • Temporary injunction
  • Prima facie case
  • Competing purchaser interests
  • Status quo preservation
  • Possession and occupation of land
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Civil procedure [2026] KEHC 12870 (KLR)

Zenith Realtors Ltd v Ngenya Location Ranching Co. Ltd & another

Zenith Realtors Ltd v Ngenya Location Ranching Co. Ltd & another (Civil Suit 36 of 2019) [2026] KEHC 12870 (KLR) (14 August 2026) (Judgment)

Court
High Court
Case number
Civil Suit 36 of 2019
Judge
["JK Sergon"]

The Plaintiff was not a registered estate agent and therefore could not lawfully claim commission for sale of immovable property; the alleged agency agreement was void ab initio and unenforceable. Because there was no valid contract, the tort claim for inducement to breach also failed, and in any event the Plaintiff did not prove that the 2nd Defendant knowingly or intentionally induced any breach. The suit therefore failed entirely and costs followed the event.

Source excerpt

  • Estate agents registration
  • Enforceability of commission agreement
  • Illegal/void contract
  • Tortious inducement to breach of contract
  • Costs
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Employment law [2026] KEELRC 2397 (KLR)

Okoso v Pinkerton's (Kenya) Limited (Appeal E395 of 2025)

Okoso v Pinkerton's (Kenya) Limited (Appeal E395 of 2025) [2026] KEELRC 2397 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E395 of 2025
Judge
["M Mbarũ"]

The appeal failed because the appellant had already filed an application for review of the same judgment and then lodged the appeal, thereby pursuing both remedies on the same matter in an impermissible and abusive manner. Although the court acknowledged that non-payment of salary can amount to constructive dismissal, it held that the appellant could not maintain the appeal after electing to seek review, and the pending review ruling sufficed.

Source excerpt

  • Constructive dismissal
  • Unlawful termination
  • Review versus appeal
  • Non-payment of wages
  • Overtime and rest day claims
  • Leave and public holiday pay
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Civil procedure [2026] SCC 221 (KLR)

Makori (Suing as Administrator Legal Representative of Clinton Sikweya Nyangau Deceased) v Oeri

Makori (Suing as Administrator Legal Representative of Clinton Sikweya Nyangau Deceased) v Oeri (Commercial Case E106997 of 2025) [2026] SCC 221 (KLR) (14 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E106997 of 2025
Judge
["GW Kiamah"]

The claimant failed to prove, on a balance of probabilities, that the respondent personally received Kshs. 148,600/= or that any balance of Kshs. 116,750/= remained unpaid. The evidence instead showed only Kshs. 44,000/= was received by the respondent, substantial travel processing had occurred, Kshs. 31,250/= had been refunded, and the claimant did not prove the alleged additional payment to the respondent.

Source excerpt

  • Burden of proof
  • Monetary refund dispute
  • Proof of payment
  • Travel documentation and visa processing
  • Costs
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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.