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Succession law [2026] KEKC 5 (KLR)

In re Estate of Idd alias Maulidi Hakim Idd (Deceased)

In re Estate of Idd alias Maulidi Hakim Idd (Deceased) (Succession Cause E130 of 2026) [2026] KEKC 5 (KLR) (13 August 2026) (Judgment)

Court
Kadhis Courts
Case number
Succession Cause E130 of 2026
Judge
["HS Vumbi"]

The court found that KWALE/KOMBANI S.S/155 formed part of the deceased’s estate because it was registered in the deceased’s name, and that the surviving family members were the rightful heirs under Islamic law. Applying the Quranic fixed shares and residuary rules, the court distributed the estate among the widow, mother, daughters, and siblings, and ordered transmission through the widow as trustee.

Source excerpt

  • Intestate muslim estate
  • Identification of estate property
  • Heirship determination
  • Islamic shares
  • Vesting/transmission of land by trustee
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Criminal law [2026] KEMC 515 (KLR)

Republic v Kayanda (Sexual Offence E012 of 2026)

Republic v Kayanda (Sexual Offence E012 of 2026) [2026] KEMC 515 (KLR) (13 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Sexual Offence E012 of 2026
Judge
["JP Nandi"]

[2026] KEMC 515 (KLR)

Source excerpt

  • Judgment
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Commercial law [2026] KEHC 12933 (KLR)

Metro Logistics Ltd v Bhachu Industries Ltd

Metro Logistics Ltd v Bhachu Industries Ltd (Commercial Suit E753 of 2025) [2026] KEHC 12933 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Suit E753 of 2025
Judge
["PM Mulwa"]

The court held that although limitation can properly be raised by preliminary objection, the plaintiff’s pleadings disclosed a contractual claim supported by alleged acknowledgements of debt, part payments and a settlement agreement dated 11 January 2022. Those allegations, if true, reset time under section 23(3) of the Limitation of Actions Act and defeated the defendant’s assertion that the suit was plainly time-barred. The plaint also disclosed a cause of action. The preliminary objection therefore failed.

Source excerpt

  • Preliminary objection
  • Jurisdiction
  • Statute-barred claims
  • Contractual debt
  • Acknowledgment of debt
  • Running commercial account
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Property law [2026] KEHC 12860 (KLR)

Rotich v Arap Bii

Rotich v Arap Bii (Civil Suit E006 of 2025) [2026] KEHC 12860 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Civil Suit E006 of 2025
Judge
["JK Sergon"]

The defendant failed to prove the pleaded allegations of fraud, late payment invalidity, or irregular sale to the required standard. The Bank proved proper service of statutory notice and lawful exercise of its statutory power of sale. The auction sale to the plaintiff was above the forced sale value and did not amount to an invalid undervalue. The Land Control Board consent point did not defeat the sale because the transfer flowed from a public auction by operation of law. The plaintiff was a bona fide purchaser for value and entitled to vacant possession. Mesne profits were proved, but the…

Source excerpt

  • Statutory power of sale
  • Public auction sale of charged land
  • Fraud allegations
  • Vacant possession
  • Mesne profits
  • Land control board consent
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Civil procedure [2026] KEHC 12936 (KLR)

Transfleet Ltd v Middle East Bank Kenya Ltd & 4 others

Transfleet Ltd v Middle East Bank Kenya Ltd & 4 others (Commercial Case E034 of 2024) [2026] KEHC 12936 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E034 of 2024
Judge
["PM Mulwa"]

The 6th Defendant could not be struck out because his participation had already been determined as necessary in the earlier joinder ruling, and the pleadings raised triable issues that required evidence at trial rather than summary striking out. The 3rd Defendant’s review application failed because the alleged out-of-time filing raised a contested factual and legal question, not a self-evident error on the face of the record, and review cannot be used to re-argue or appeal the court’s own decision.

Source excerpt

  • Striking out of parties
  • Reasonable cause of action
  • Res judicata
  • Review of orders
  • Error apparent on the face of the record
  • Advocates remuneration order timelines
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Civil procedure [2026] KEHC 12878 (KLR)

Kaur t/a Kavraj Kaur & Associates v Kumar

Kaur t/a Kavraj Kaur & Associates v Kumar (Miscellaneous Civil Application E079 of 2026) [2026] KEHC 12878 (KLR) (13 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Civil Application E079 of 2026
Judge
["JK Sergon"]

The Court held that the ten-month delay was sufficiently explained because the Applicant said it had not been served and only learnt of the decree upon service, while it was pursuing a related appeal. The intended appeal raised arguable issues on locus standi, ownership of the suit properties, and alleged violation of the right to be heard. Res judicata did not apply because the prior appeal concerned an interlocutory ruling and was still pending, whereas this application challenged the final judgment. The Court was satisfied that substantial loss was shown and granted stay subject to securit…

Source excerpt

  • Extension of time to appeal
  • Stay of execution pending appeal
  • Substantial loss
  • Res judicata
  • Security for due performance
  • Service of judgment and notices
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Civil procedure [2026] SCC 199 (KLR)

Cherowo v Kimtai & another

Cherowo v Kimtai & another (Commercial Case E094 of 2026) [2026] SCC 199 (KLR) (13 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E094 of 2026
Judge
["AZ Ogange"]

The Claimant proved that he advanced the Respondents Kshs. 370,000 and the alleged repayment of Kshs. 20,000 was not proved. The claim for Kshs. 37,000 as collection charges and legal fees was rejected because it would duplicate a costs award. Instalments were declined because the Respondents provided no evidence of inability to pay in lump sum. Judgment was therefore entered for the principal sum with interest at court rates and costs.

Source excerpt

  • Friendly loan recovery
  • Proof of repayment
  • Costs
  • Interest
  • Payment by instalments
  • Double compensation
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Civil procedure [2026] KEHC 12840 (KLR)

Nyamira Luxury Express Co. Ltd & another v Mokaya & another (Suing as the Legal Representatives of the Estate of Alfred Mokaya Ombui - Deceased)

Nyamira Luxury Express Co. Ltd & another v Mokaya & another (Suing as the Legal Representatives of the Estate of Alfred Mokaya Ombui - Deceased) (Civil Appeal E060 of 2024) [2026] KEHC 12840 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E060 of 2024
Judge
["JK Sergon"]

The appellate court found that the evidence did not justify 100% liability against the appellants because the accident accounts were conflicting and the record contained some contributory-negligence evidence, but the court also rejected the appellants’ attempt to shift all blame to the deceased. It substituted liability at 90% against the appellants and 10% against the deceased. However, it upheld the income assessment at Kshs. 28,822 per month for a skilled welder and upheld the special damages. The appeal was otherwise dismissed.

Source excerpt

  • Liability apportionment
  • Contributory negligence
  • Burden of proof
  • Assessment of damages
  • Loss of dependency
  • Special damages
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Commercial law [2026] KEHC 12975 (KLR)

Imperial Surgical Company v Global Consortium Investment Limited & 2 others

Imperial Surgical Company v Global Consortium Investment Limited & 2 others (Commercial Case E090 of 2023) [2026] KEHC 12975 (KLR) (Commercial & Admiralty) (13 August 2026) (Judgment)

Court
High Court
Case number
Commercial Case E090 of 2023
Judge
["PM Mulwa"]

The court found that a binding contract existed between the Plaintiff and the 1st Defendant because the Plaintiff made a definite offer, the 2nd Defendant accepted it by invoice on behalf of the 1st Defendant, and the Plaintiff paid the full purchase price. The 1st and 2nd Defendants then breached the contract by failing to deliver the masks or refund the money. Liability was not proved against the 3rd Defendant. The Plaintiff strictly proved the liquidated sum of USD 180,000, but failed to justify general or punitive damages in a contract claim. Judgment therefore issued for the purchase pri…

Source excerpt

  • Formation of contract
  • Breach of contract
  • Special damages
  • General damages in contract
  • Exemplary punitive damages
  • Interest on decretal sum
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Arbitration [2026] KEHC 12931 (KLR)

Middle East Bank Kenya Ltd v Kenindia Assurance Compnay Ltd

Middle East Bank Kenya Ltd v Kenindia Assurance Compnay Ltd (Commercial Arbitration Cause E009 of 2026) [2026] KEHC 12931 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Arbitration Cause E009 of 2026
Judge
["PM Mulwa"]

The 20 October 2025 communication informed the parties that the award was ready for collection and would be released upon payment of fees, which amounted to receipt/delivery for purposes of section 35(3). The later 10 November 2025 letter only handled collection logistics and did not create a fresh delivery date. The reservation of costs did not prevent time from running. The Chamber Summons filed on 9 February 2026 was therefore outside the statutory three-month period and time-barred.

Source excerpt

  • Section 35(3) arbitration act limitation period
  • Receipt/delivery of arbitral award
  • Finality of arbitral awards
  • Time-barred setting aside application
  • Effect of pending costs on limitation
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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.