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Civil procedure [2026] KEHC 12837 (KLR)

Wambua v Mburu Kariuki & Company Advocates

Wambua v Mburu Kariuki & Company Advocates (Civil Suit E135 of 2023) [2026] KEHC 12837 (KLR) (14 August 2026) (Ruling)

The court held that excluding the certificates of costs would defeat a just determination because the documents were issued after the impugned direction and were essential to determine the advocate's lawful entitlement and any balance due to the client. The court therefore set aside the 14 July 2025 direction to the extent that it confined the ruling to material on record as at that date and admitted the certificates and taxation rulings, but declined to finally hold the originating summons spent, leaving that issue for the substantive ruling on the full record.

  • Review of interlocutory orders
  • Functus officio
  • Inherent jurisdiction
  • Originating summons for accounts
  • Taxation of advocate-client bills
  • Section 51(2) advocates act
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Civil procedure [2026] KEHC 12865 (KLR)

Kiplenge And Kurgat Advocates v Estate of William Kimenjo Mosonik

Kiplenge And Kurgat Advocates v Estate of William Kimenjo Mosonik (Miscellaneous Application E043 of 2022) [2026] KEHC 12865 (KLR) (14 August 2026) (Ruling)

The application failed because, although the court accepted that the alleged oversight of the rectified 2017 grant could potentially engage the review jurisdiction, the applicant had already invoked the appellate process without full disclosure and then moved for review after an inordinate and unexplained delay. The delay of about ten months from the impugned ruling, and about forty days after dismissal in the Court of Appeal, was unreasonable. On that basis the court declined to exercise its discretion and dismissed the motion with costs.

  • Review of judgment/ruling
  • Section 80 civil procedure act
  • Order 45 civil procedure rules
  • Error apparent on the face of the record
  • Unreasonable delay
  • Alternative remedies: appeal versus review
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Employment and labour law [2026] KEELRC 2409 (KLR)

France v Chronicle Group International Ltd

France v Chronicle Group International Ltd (Cause E680 of 2021) [2026] KEELRC 2409 (KLR) (14 August 2026) (Judgment)

The Respondent alleged fraud and denied employment but called no witnesses and produced no evidence, so those allegations failed. The Claimant’s contractual documents and settlement deed were sufficient to prove an employment relationship and an acknowledged debt. The court therefore enforced the Deed of Settlement and awarded the admitted sum with contractual interest and costs.

  • Employment relationship
  • Terminal dues
  • Deed of settlement
  • Fraud allegations
  • Burden of proof
  • Interest on debt
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Employment law [2026] KEELRC 2412 (KLR)

Were v Nairobi Chapel & 2 others

Were v Nairobi Chapel & 2 others (Cause 198 of 2020) [2026] KEELRC 2412 (KLR) (14 August 2026) (Judgment)

The court held that the employer's conduct in creating financial pressure, inducing resignation, promising an exit package, and then replacing the claimant's position amounted to constructive dismissal. It also held that the bank breached its duty of care by reversing funds from the claimant's account without involving her, so the claimant was entitled to repayment with commercial interest, subject to an offset mechanism against any competing debit balance. The respondents' counterclaims failed because the bank's unilateral reversal was wrongful and the employer did not prove quantified loss…

  • Constructive dismissal
  • Wrongful deduction/reversal of bank funds
  • Compensation for unfair termination
  • Notice pay
  • Service pay
  • Certificate of service
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Civil procedure [2026] SCC 219 (KLR)

Njeri v Kendi (Claim E107090 of 2025)

Njeri v Kendi (Claim E107090 of 2025) [2026] SCC 219 (KLR) (14 August 2026) (Ruling)

Although the adjudicator believed she could determine the matter impartially, prior personal and professional interactions with the claimant’s advocate law firm could reasonably create an appearance of bias; to protect transparency, integrity, and public confidence in the proceedings, she recused herself.

  • Recusal
  • Apparent bias
  • Impartiality
  • Administrative allocation of matter
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Constitutional law [2026] KEELC 5293 (KLR)

Pollakov (Suing on his own behalf and on behalf of Jade Valley Vilas Estate) v Sky Africa Holdings Ltd & 3 others

Pollakov (Suing on his own behalf and on behalf of Jade Valley Vilas Estate) v Sky Africa Holdings Ltd & 3 others (Petition E029 of 2025) [2026] KEELC 5293 (KLR) (14 August 2026) (Ruling)

The objection failed because it was not a pure point of law: determining whether the petition was res judicata or whether NEMA violated statutory and constitutional duties required examination of facts and evidence, including the unavailable NET 209 of 2017 record. The petitioners were not parties to the tribunal appeal, and the pleaded grievances concerned fresh constitutional and environmental violations outside the Tribunal's jurisdiction. The preliminary objection was therefore unmerited and dismissed with costs.

  • Preliminary objection
  • Res judicata
  • Jurisdiction of the environment and land court
  • Riparian land development
  • Environmental restoration order
  • Locus standi
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Civil procedure [2026] KEHC 12854 (KLR)

Kangethe v Attorney General & another

Kangethe v Attorney General & another (Miscellaneous Civil Application E144 of 2025) [2026] KEHC 12854 (KLR) (14 August 2026) (Ruling)

The Court held that malicious prosecution is not one of the torts covered by sections 27 and 28 of the Limitation of Actions Act, which are limited to negligence, nuisance and breach of duty involving personal injuries. Because the statute does not confer jurisdiction to extend time for malicious prosecution, the Court lacked jurisdiction to grant leave, and the application failed. Section 26 also did not apply because there was no pleaded fraud or mistake.

  • Extension of time
  • Malicious prosecution
  • Jurisdiction
  • Accrual of cause of action
  • Public authorities limitation act
  • Personal injuries
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Tax law [2026] KETAT 276 (KLR)

Athi River Steel Plant Ltd v Commissioner of Investigation and Enforcement

Athi River Steel Plant Ltd v Commissioner of Investigation and Enforcement (Tax Appeal E988 of 2025) [2026] KETAT 276 (KLR) (14 August 2026) (Ruling)

The Tribunal held that the additional documents were not entirely new, were relevant to the core dispute, and would assist in resolving the appeal on its merits without demonstrated grave prejudice to the Respondent; therefore, the discretion to admit them should be exercised in favour of the Applicant, with corresponding leave given to the Respondent to respond.

  • Leave to file additional documents
  • Additional evidence on appeal
  • Prejudice and discretion
  • Tax objection and appeal process
  • Adr in tax disputes
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Constitutional law [2026] KEELC 5288 (KLR)

Karanja v Ng'ong'a & 2 others

Karanja v Ng'ong'a & 2 others (Environment and Land Petition E009 of 2026) [2026] KEELC 5288 (KLR) (14 August 2026) (Ruling)

The court found that the petitioner established a prima facie case and demonstrated real prejudice because the site visit report and photographs showed poultry-related structures, welding works and other non-residential activities on land said to be zoned residential, with no demonstrated change-of-user approval. The court also found that the 1st respondent had clear knowledge of the orders and deliberately continued works captured by the conservatory restraint, amounting to contempt. Conservatory relief was therefore necessary to prevent the petition from being rendered nugatory and to prote…

  • Conservatory orders
  • Prima facie case
  • Zoning/change of user
  • Residential land use
  • Environmental nuisance
  • Right to a clean and healthy environment
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Tax law [2026] KETAT 282 (KLR)

Mseky Holdings Ltd v Commissioner of Legal and Board Services

Mseky Holdings Ltd v Commissioner of Legal and Board Services (Tax Appeal E1181 of 2025) [2026] KETAT 282 (KLR) (14 August 2026) (Judgment)

The Tribunal held that it lacked jurisdiction to adjudicate the alleged Article 47 violation. On the tax merits, the Appellant failed to produce the requested invoices, delivery notes, payment evidence and related documents, and therefore did not discharge the statutory burden of proving the assessment incorrect. Supplier VAT registration and bare assertions of documentation were insufficient. The Respondent was entitled to disallow the input VAT claims and confirm the assessments using best judgment.

  • Input vat deduction
  • Burden of proof in tax disputes
  • Validity of objection under the tax procedures act
  • Jurisdiction over article 47 claims
  • Record-keeping and documentary substantiation
  • Best judgment assessment
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