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Criminal law [2026] KEHC 12862 (KLR)

Mogaka v Republic

Mogaka v Republic (Criminal Appeal E042 of 2025) [2026] KEHC 12862 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E042 of 2025
Judge
["JK Sergon"]

The prosecution proved beyond reasonable doubt that the Appellant falsely represented that he had KDF slots from his seniors, thereby inducing the complainants to part with money; the money was transferred and withdrawn, the defence of maize sale was an unsupported afterthought, the trial court properly considered the defence, and the sentence was lawful and proportionate. The appeal therefore failed.

Source excerpt

  • Obtaining money by false pretence
  • False pretence
  • Burden and standard of proof
  • First appellate court duties
  • Evaluation of defence evidence
  • Sentencing discretion
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Civil procedure [2026] KEHC 12978 (KLR)

Savla v Kachra & 2 others

Savla v Kachra & 2 others (Miscellaneous Application E195 of 1000) [2026] KEHC 12978 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E195 of 1000
Judge
["PM Mulwa"]

The motion was meritorious because the court had already adopted the parties’ mediation settlement as a binding decree requiring transfer of OM Millers Limited without liabilities, the decree had been served, and the respondent had no lawful basis to continue delaying execution; under Section 38 of the Civil Procedure Act the court could compel execution and, on default, authorize the Deputy Registrar to sign the documents.

Source excerpt

  • Execution of decree
  • Mediation settlement agreement
  • Specific performance
  • Share transfer
  • Deputy registrar authority to sign documents
  • Abuse of process
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Banking and finance [2026] KEHC 12934 (KLR)

Cfc Stanbic Bank Ltd v Mbugua & another

Cfc Stanbic Bank Ltd v Mbugua & another (Commercial Case E334 of 2022) [2026] KEHC 12934 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E334 of 2022
Judge
["PM Mulwa"]

The applicant established a prima facie case for a mandatory interlocutory injunction because there was an existing unchallenged court order granting access to the charged property, the respondents had not shown compliance with that order, and the charge documents and Land Act entitled the chargee to enter, inspect, preserve and manage the security pending realization. The requested orders were therefore justified to enforce compliance and protect the security.

Source excerpt

  • Interlocutory mandatory injunction
  • Charged property access
  • Statutory power of sale
  • Receivership
  • Preservation and management of security
  • Disobedience of court orders
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Succession law [2026] KEHC 13055 (KLR)

In re Estate of M'kioga (Deceased)

In re Estate of M'kioga (Deceased) (Succession Cause 442 of 2016) [2026] KEHC 13055 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Succession Cause 442 of 2016
Judge
["JK Sergon"]

The court held that parcels 819, 820, 821 and 825 were valid completed inter vivos advancements and therefore excluded from the free estate, while parcels 822, 823 and 824 and their derivatives remained estate property because they were dealt with after death without a grant and some transfers were forged. The 1st protestor failed to prove an enforceable claim to land in specie and was instead entitled only to refund under the sale agreement as an estate creditor. Joanina Kiunga Rurua was recognized as the surviving widow and added as co-administrator. The residue was distributed in equal sha…

Source excerpt

  • Intestate succession
  • Polygamous estate distribution
  • Hotchpot and lifetime advancements
  • Protest to confirmation of grant
  • Forgery and inter vivos transfers
  • Specific performance
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Constitutional law [2026] KEHC 12973 (KLR)

Kenya Bankers Association v Attorney General & 2 others

Kenya Bankers Association v Attorney General & 2 others (Petition E007 of 1000) [2026] KEHC 12973 (KLR) (Commercial and Tax) (13 August 2026) (Ruling)

Court
High Court
Case number
Petition E007 of 1000
Judge
["PM Mulwa"]

The petitioner demonstrated an arguable constitutional challenge to section 44 of the Banking Act, showed that continued enforcement would risk substantial prejudice and likely render the appeal nugatory, and established that public interest favoured preserving the regulatory status quo; the unopposed application therefore met the threshold for conservatory relief.

Source excerpt

  • Conservatory orders
  • Stay pending appeal
  • Article 23 enforcement remedies
  • Constitutionality of section 44 of the banking act
  • Interest rate regulation
  • Public interest and nugatory appeal test
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Civil procedure [2026] KEHC 12835 (KLR)

Mwangi t/a Ngware Body Works v Too

Mwangi t/a Ngware Body Works v Too (Civil Appeal E093 of 2026) [2026] KEHC 12835 (KLR) (13 August 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E093 of 2026
Judge
["JK Sergon"]

The applicant satisfied the timeliness requirement and offered some security, but failed to prove substantial loss with any particulars or evidence. Because substantial loss is the decisive condition for stay, the application failed notwithstanding the arguable appeal and offer of security. The motion was therefore dismissed and costs left to abide the outcome of the appeal.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Pecuniary jurisdiction challenge
  • Delay in filing stay application
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Company law [2026] KEHC 12930 (KLR)

Gitau (Suing Through His Power of Attorney Veronica Wanjiku Maina) v Rimbere & 4 others

Gitau (Suing Through His Power of Attorney Veronica Wanjiku Maina) v Rimbere & 4 others (Civil Suit E128 of 2025) [2026] KEHC 12930 (KLR) (Commercial and Tax) (13 August 2026) (Ruling)

Court
High Court
Case number
Civil Suit E128 of 2025
Judge
["PM Mulwa"]

The court held that the Plaintiff established a prima facie basis for a derivative action because the dispute concerned alleged unauthorized depletion of company funds by one of two equal directors, creating a deadlock that made internal authorization impracticable. However, the Plaintiff did not meet the threshold for interim injunctive relief because freezing the company’s accounts would paralyze its operations, risk greater prejudice by undermining tax, loan, and contractual obligations, and the alleged loss was quantifiable and recoverable if proven at trial.

Source excerpt

  • Derivative suits
  • Minority shareholder protection
  • Interlocutory injunctions
  • Corporate deadlock
  • Locus standi
  • Leave to commence derivative proceedings
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Co-operative law [2026] KECOPT 326 (KLR)

Mashua v Ntoipo & 4 others

Mashua v Ntoipo & 4 others (Tribunal Case E544 of 2025) [2026] KECOPT 326 (KLR) (13 August 2026) (Judgment)

Court
Cooperative Tribunal
Case number
Tribunal Case E544 of 2025
Judge
["J Mwatsama", "B Sawe", "PO Aol", "F Lotuiya", "M Chesikaw"]

The Tribunal held that the Claimant was suspended on allegations for which he was never given notice or an opportunity to respond, and the Respondents filed no evidence to justify the decision. On the uncontroverted record, the suspension violated Article 47 of the Constitution and the Fair Administrative Action Act, rendering it unlawful, null and void. The Claimant therefore merited declaratory relief, quashing of the suspension, reinstatement-related relief, injunction, costs, and modest general damages.

Source excerpt

  • Suspension from office
  • Fair administrative action
  • Natural justice
  • Void administrative decision
  • Reinstatement
  • General damages
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Civil procedure [2026] KEHC 12928 (KLR)

Dore & 3 others v African Express Airways (Kenya) Ltd & 3 others

Dore & 3 others v African Express Airways (Kenya) Ltd & 3 others (Commercial Case E006 of 2025) [2026] KEHC 12928 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E006 of 2025
Judge
["PM Mulwa"]

The Plaintiffs failed to prove contempt because there was no clear evidence of personal service or deliberate disobedience by Ahmed Rashid Jibril, and the requested reinstatement order would impermissibly determine disputed substantive shareholding and directorship issues at the interlocutory stage. By contrast, the 1st Defendant’s proposed amendment and counterclaim were allowed because they arose from the same transaction, were sought before full hearing, and caused no irreparable prejudice. The security for costs application failed because the 1st Defendant presented no concrete evidence t…

Source excerpt

  • Contempt proceedings
  • Personal service and knowledge of court orders
  • Leave to amend pleadings
  • Counterclaim
  • Security for costs
  • Access to justice
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Civil procedure [2026] KEHC 12869 (KLR)

Wambugu Vet Pharm Ltd v Atlantis Life Science Ltd

Wambugu Vet Pharm Ltd v Atlantis Life Science Ltd (Civil Appeal E500 of 2026) [2026] KEHC 12869 (KLR) (13 August 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E500 of 2026
Judge
["MS Shariff"]

The application was incompetent because it failed to disclose the substantive motion it sought to have admitted for hearing during the High Court vacation and improperly combined distinct procedures into one omnibus application; as a result, the stay prayers were moot and the matter could not be entertained as framed.

Source excerpt

  • Chamber summons
  • Vacation/recess hearing
  • Stay of execution
  • Omnibus application
  • Pleadings must disclose substantive motion
  • Jurisdiction in 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.