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Employment and labour law [2026] KEMC 524 (KLR)

Nyawa v Majlis MandaIsland Resort Limited aka the Majlis Lamu Limited

Nyawa v Majlis MandaIsland Resort Limited aka the Majlis Lamu Limited (Employment and Labour Relations Cause E001 of 2026) [2026] KEMC 524 (KLR) (13 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Employment and Labour Relations Cause E001 of 2026
Judge
["PW Wasike"]

The court held that the only proven employment agreement was the September 2024 fixed term contract, which expired on 31/8/2025 by effluxion of time. The claimant failed to prove any binding renewal contract to 31/1/2026 or any legitimate expectation of renewal. Because the employment ended by automatic expiry of a fixed term contract, the claims for notice pay, salary for the remaining term, severance/service pay beyond what had already been paid, and compensation for unfair termination had no legal basis.

Source excerpt

  • Fixed term contract
  • Non-renewal of employment contract
  • Unfair termination
  • Notice pay
  • Gratuity/service pay
  • Burden of proof
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Commercial law [2026] KEHC 12974 (KLR)

Mwananchi Credit Limited v Tobiko Njoroge & Company Advocates & another

Mwananchi Credit Limited v Tobiko Njoroge & Company Advocates & another (Commercial Case E630 of 1000) [2026] KEHC 12974 (KLR) (Commercial and Tax) (13 August 2026) (Judgment)

Court
High Court
Case number
Commercial Case E630 of 1000
Judge
["PM Mulwa"]

The Defendant's professional undertaking was clear, binding, and unambiguous, the obligation to pay the balance was not conditional upon the Bank's performance, and the Defendant's failure to pay the outstanding Kshs. 6,971,164.20 constituted a breach warranting enforcement, interest, and costs.

Source excerpt

  • Professional undertaking
  • Enforcement of advocate's undertaking
  • Interest on outstanding sum
  • Breach of undertaking
  • Liability of advocate despite third-party involvement
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Civil procedure [2026] KEHC 12927 (KLR)

Oduenyi v Edward C. Asitiba & Associates Advocates

Oduenyi v Edward C. Asitiba & Associates Advocates (Commercial Miscellaneous Application E589 of 2023) [2026] KEHC 12927 (KLR) (Commercial and Tax) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Miscellaneous Application E589 of 2023
Judge
["PM Mulwa"]

The Applicant failed to demonstrate any error of principle, misdirection, or procedural impropriety in the Taxing Officer's handling of either bill of costs. The Court found that the taxing officer properly considered the applicable schedule, the nature of the work, and service of the bill, and that the challenge was merely dissatisfaction with the amounts taxed, which is insufficient to warrant interference.

Source excerpt

  • Client's reference
  • Party and party bill of costs
  • Advocate-client bill of costs
  • Error of principle in taxation
  • Service of bill of costs
  • Interference with taxing officer's discretion
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Islamic succession law [2026] KEKC 13 (KLR)

In re Estate of Idd alias Maulidi (Decesaed)

In re Estate of Idd alias Maulidi (Decesaed) (Succession Cause E132 of 2026) [2026] KEKC 13 (KLR) (13 August 2026) (Judgment)

Court
Kadhis Courts
Case number
Succession Cause E132 of 2026
Judge
["HS Vumbi"]

The court found that parcel KWALE/DIANI S.S/4467 was part of the deceased’s estate because it was registered in his sole name, and that the heirs were the widow, mother, daughters and siblings. Applying Islamic inheritance rules, the court allocated fixed shares to the widow, mother and daughters, and the residue to the siblings, then vested the estate in the heirs and appointed the widow as administrator.

Source excerpt

  • Determination of heirs
  • Distribution of intestate muslim estate
  • Identification of estate property
  • Vesting and transmission orders
  • Appointment of administrator
  • Application of quranic shares
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Criminal law [2026] KEMC 517 (KLR)

Republic v Ogora

Republic v Ogora (Criminal Case E073 of 2026) [2026] KEMC 517 (KLR) (13 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E073 of 2026
Judge
["JP Nandi"]

The court found that the government analyst proved the exhibit was cannabis and that PW1 and PW2 gave credible evidence that the accused was searched and found in possession of the cannabis concealed in cigarette packets. The accused’s denial was rejected, and the prosecution proved the charge beyond reasonable doubt.

Source excerpt

  • Possession of cannabis
  • Proof of identity of narcotic substance
  • Burden and standard of proof in criminal trial
  • Search and seizure
  • Chain of custody
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Commercial law [2026] KEHC 12833 (KLR)

IDKO Internatioonal Company Limited v Ministry of Lands, Public Works, Housing and Urban Development & 3 others

IDKO Internatioonal Company Limited v Ministry of Lands, Public Works, Housing and Urban Development & 3 others (Commercial Suit E014 of 2025) [2026] KEHC 12833 (KLR) (13 August 2026) (Ruling)

Court
High Court
Case number
Commercial Suit E014 of 2025
Judge
["JK Sergon"]

The Defendants lost the jurisdictional objection because they filed a statement of defence, which constituted a step in the proceedings and amounted to acquiescence to the court's jurisdiction despite the arbitration clause. The court further held that it retained jurisdiction under section 7(1) of the Arbitration Act to grant interim measures of protection pending the contemplated arbitration, so the Plaintiff's motion could proceed on its merits.

Source excerpt

  • Jurisdiction
  • Preliminary objection
  • Arbitration clause
  • Section 6 stay of proceedings
  • Section 7 interim measures of protection
  • Step in proceedings
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Succession law [2026] KEHC 12850 (KLR)

In re Estate of Leparleen (Deceased)

In re Estate of Leparleen (Deceased) (Succession Cause E059 of 2021) [2026] KEHC 12850 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Succession Cause E059 of 2021
Judge
["JK Sergon"]

The Applicant failed to prove fraud or concealment because the court found, on the evidence, that her marriage to the deceased had been dissolved under Samburu customary law in 1982 and that she later remarried Mohammed Boi under Islamic law. As she was not a surviving widow at the deceased’s death, there was no material fact to disclose to warrant revocation under section 76 of the Law of Succession Act. The grant was therefore properly obtained and confirmed.

Source excerpt

  • Revocation of grant
  • Concealment of material facts
  • Fraud
  • Customary marriage dissolution
  • Remarriage
  • Dependency and beneficiaries
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Succession law [2026] KEHC 12883 (KLR)

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

In re Estate of Idd alias Maulidi Hakim Idd (Deceased) (Succession Cause E131 of 2026) [2026] KEHC 12883 (KLR) (13 August 2026) (Judgment)

Court
High Court
Case number
Succession Cause E131 of 2026
Judge
["Habib Salim Vumbi"]

The court held that the four parcels of land registered in the deceased's sole name formed the estate, and that the surviving mother, widow, daughters, and siblings were the lawful heirs. Applying Islamic succession rules, the widow and mother took fixed shares, the daughters took their collective fixed share, and the residue passed to the siblings in male-to-female ratio. The court therefore ordered vesting of the estate in the identified heirs and appointed the widow as administrator/trustee for transmission.

Source excerpt

  • Intestate muslim succession
  • Determination of heirs
  • Estate identification
  • Distribution of inheritance shares
  • Administration of estate
  • Transmission of land by trustee
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Public procurement law [2026] KEHC 12872 (KLR)

Accounting Officer County Government of Nakuru, Department of Health Services & another v Public Procurement Administrative Review Board & 2 others

Accounting Officer County Government of Nakuru, Department of Health Services & another v Public Procurement Administrative Review Board & 2 others (Judicial Review Application E003 of 2026) [2026] KEHC 12872 (KLR) (13 August 2026) (Ruling)

Court
High Court
Case number
Judicial Review Application E003 of 2026
Judge
["JK Sergon"]

The preliminary objection failed because the delay beyond the forty-five-day period was caused by the Court's own scheduling, while the Applicants had complied with every timeline imposed on them. Section 175(3) and (5) could not be applied in a manner that punishes a blameless litigant for court-occasioned delay, because that would violate the right of access to justice and the principle that an act of the Court should not prejudice a party.

Source excerpt

  • Section 175 ppada timelines
  • Jurisdiction and time limits
  • Court-caused delay
  • Access to justice
  • Actus curiae neminem gravabit
  • Preliminary objection
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Succession law [2026] KEKC 10 (KLR)

In re Estate of Maluki alias Ndegwa Maruki (Deceased)

In re Estate of Maluki alias Ndegwa Maruki (Deceased) (Succession Cause E127 of 2026) [2026] KEKC 10 (KLR) (13 August 2026) (Judgment)

Court
Kadhis Courts
Case number
Succession Cause E127 of 2026
Judge
["Habib Salim Vumbi"]

The court found that parcel KWALE/KIRAZINI A/266 was proved to belong to the deceased and therefore formed part of his estate. It further found the only rightful heirs to be his two sons and one daughter. Applying Islamic inheritance principles, it allocated the estate so that each son receives 40% and the daughter 20%, and ordered transmission of the property to them in those shares.

Source excerpt

  • Intestate succession
  • Muslim inheritance (mawarith)
  • Identification of estate property
  • Determination of heirs
  • Distribution of estate shares
  • Transmission of land title
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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.