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Kenya Case Law

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Civil procedure [2026] KEELC 5326 (KLR)

Mwangi & another v Muiga

Mwangi & another v Muiga (Environment and Land Case E016 of 2024) [2026] KEELC 5326 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E016 of 2024
Judge
["EK Makori"]

The court held that the Applicants had not identified any positive order capable of execution, and the only order apparent from the record was a dismissal with costs. A dismissal order is a negative order incapable of execution, so there was nothing that could be stayed. The application therefore failed as a matter of law.

Source excerpt

  • Stay of execution
  • Negative orders
  • Functus officio
  • Costs
  • Boundary dispute jurisdiction
  • Intended appeal
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Civil procedure [2026] KEELC 5271 (KLR)

Mbugua t/a Ngure Mbugua & Company Advocates v Mumbi House Pharmaceuticals

Mbugua t/a Ngure Mbugua & Company Advocates v Mumbi House Pharmaceuticals (Environment and Land Miscellaneous Case E095 of 2023) [2026] KEELC 5271 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Case E095 of 2023
Judge
["CG Mbogo"]

The taxing officer erred by departing from the binding directions previously issued on reference and by misapplying the instruction-fee assessment for a land transaction; because the matter had already been taxed twice, the court exercised its discretion to re-tax it conclusively in the interests of finality and expeditious disposal.

Source excerpt

  • Reference from taxation
  • Error of principle by taxing officer
  • Re-taxation by court
  • Instruction fees for land transaction
  • Judicial discretion on costs
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Civil procedure [2026] KEELRC 2396 (KLR)

Structural Construction International Ltd v Muigai

Structural Construction International Ltd v Muigai (Cause E033 of 2026) [2026] KEELRC 2396 (KLR) (12 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Cause E033 of 2026
Judge
["NJ Abuodha"]

The Court held that the Applicant sufficiently explained the delay because the judgment was delivered without notice and the record did not show service of judgment or decree on the Applicant. The draft memorandum raised appealable issues, prejudice to the Respondent could be managed by security, and therefore discretion should be exercised in favour of the Applicant. Leave to appeal out of time and stay of execution were granted on conditions.

Source excerpt

  • Extension of time to appeal
  • Stay of execution
  • Substantial loss
  • Notice of judgment delivery
  • Delay in filing appeal
  • Security for due performance
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Criminal procedure [2026] KEMC 692 (KLR)

Republic v Bakari

Republic v Bakari (Criminal Case E312 of 2025) [2026] KEMC 692 (KLR) (12 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Criminal Case E312 of 2025
Judge
["TO Omono"]

The court held that insisting on compliance with the law regarding complainant participation in plea bargaining did not create bias, and that alleged apprehension of bias was unsupported. However, because section 137J(2) of the Criminal Procedure Code allows the prosecution to try the matter afresh before another court after rejection of a plea agreement, and the accused had not waived that right, the court recused itself and ordered the file re-allocated.

Source excerpt

  • Bias and reasonable apprehension of bias
  • Plea agreement rejection
  • Complainant participation in plea bargaining
  • Re-allocation after recusal
  • Admissibility of plea negotiation material
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Defamation law [2026] KEMC 478 (KLR)

Omusugu v Khatoko

Omusugu v Khatoko (Civil Suit E003 of 2025) [2026] KEMC 478 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Suit E003 of 2025
Judge
["AZ Ogange"]

The Plaintiff failed to prove publication of the alleged defamatory words. No Facebook post, screenshot, electronic record, or independent witness evidence was produced to show that the Defendant published the words to third parties. Because publication was not established, the tort of defamation was not proved on a balance of probabilities and the suit had to fail.

Source excerpt

  • Publication requirement
  • Burden of proof
  • Failure to call witnesses
  • Online defamation/facebook publication
  • Oral defamation in court
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Tort law [2026] KEMC 472 (KLR)

Hezron v Aberi

Hezron v Aberi (Civil Suit E1586 of 2026) [2026] KEMC 472 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Suit E1586 of 2026
Judge
["LA Mumassabba"]

The Defendant was held 100% liable because the Plaintiff gave uncontroverted evidence that the Defendant, while in control of the vehicle, drove negligently causing it to veer off the road into a ditch, and the Defendant offered no rebuttal. On quantum, the Plaintiff’s injuries, 15% permanent incapacity, residual scarring/deformity, and need for implant removal justified Kshs.1,000,000 in general damages, Kshs.100,000 in future medical expenses, and Kshs.9,550 in special damages.

Source excerpt

  • Negligence
  • Liability
  • Res ipsa loquitur
  • Quantum of damages
  • General damages
  • Special damages
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Employment and labour law [2026] KEELRC 2402 (KLR)

Kandiyal v Sameer Agriculture & Livestock (K) Ltd

Kandiyal v Sameer Agriculture & Livestock (K) Ltd (Employment and Labour Relations Cause 14 of 2020) [2026] KEELRC 2402 (KLR) (12 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause 14 of 2020
Judge
["NJ Abuodha"]

The court found no reviewable error on the salary computation issue because the appointment letter on record expressly stated monthly net emoluments of USD 2,750 and the applicant produced no evidence of any contractual change to USD 3,650. However, the court found that it had omitted to determine the pleaded claim for accrued leave, which was an obvious error apparent on the face of the record. Because leave is a statutory entitlement and the employer failed to produce leave records or prove utilization, the omission justified partial review and an award for leave pay based on the existing s…

Source excerpt

  • Review of judgment
  • Error apparent on the face of the record
  • Accrued leave entitlement
  • Salary basis for compensation
  • Employer record-keeping burden
  • Discharge voucher / release
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Civil procedure [2026] KEELC 5278 (KLR)

Githire v George & 11 others

Githire v George & 11 others (Environment and Land Originating Motion E001 of 2025) [2026] KEELC 5278 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Originating Motion E001 of 2025
Judge
["CG Mbogo"]

The court found that the applicant had been diligent and that the dismissal arose from an inadvertent lapse on the mention date; since the matter was only for compliance and fixation of a ruling date, reinstatement was warranted in the interests of justice. The court also held that the applicant's current advocate was inactive and could not continue filing documents until regularization, though prior filings were not invalidated on that ground alone.

Source excerpt

  • Setting aside dismissal for want of prosecution
  • Reinstatement of application
  • Change of advocate and holding brief
  • Inactive advocate/practising certificate issue
  • Status quo orders
  • Mention for compliance and written submissions
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Civil procedure [2026] SCC 198 (KLR)

Umoja Magharibi Kenya Ltd v Mamati

Umoja Magharibi Kenya Ltd v Mamati (Commercial Case E092 of 2024) [2026] SCC 198 (KLR) (12 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E092 of 2024
Judge
["AZ Ogange"]

The evidence showed payments of Kshs. 149,270 against a claim of Kshs. 141,339, meaning the claim had been fully settled and even overpaid by Kshs. 7,931; however, because no counterclaim was filed, no refund order could issue.

Source excerpt

  • Settlement of claim by payment
  • Outstanding balance dispute
  • Counterclaim requirement for refund
  • Costs
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Judicial review [2026] KEELC 5332 (KLR)

Iriaini Tea Factory Company Ltd v County Assembly of Nyeri & 3 others

Iriaini Tea Factory Company Ltd v County Assembly of Nyeri & 3 others (Environment and Land Judicial Review Miscellaneous Application E001 of 2025) [2026] KEELC 5332 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Judicial Review Miscellaneous Application E001 of 2025
Judge
["EK Makori"]

The applicant produced a lease agreement and showed it was directly affected by the county assembly committee's decision, which was made by a public body and therefore raised an arguable public law dispute fit for judicial review. Leave was therefore granted, but because of the environmental concerns, the court declined to order stay and directed that the substantive judicial review be fast-tracked.

Source excerpt

  • Leave to commence judicial review
  • Stay pending judicial review
  • Procedural fairness
  • Article 47 fair administrative action
  • Environmental protection and forest harvesting
  • Lease enforcement against public body
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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.