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Criminal law [2026] KEMC 505 (KLR)

Republic v Mate

Republic v Mate (Criminal Case E999 of 2024) [2026] KEMC 505 (KLR) (12 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Criminal Case E999 of 2024
Judge
["T Wachira"]

The prosecution failed to establish a prima facie case because no eye witness identified the accused as the thief, the complainant did not see the taking, the accused was not recovered with the stolen items, and the evidence did not sufficiently prove that he was the person who committed the theft. The court therefore upheld the no-case position and acquitted the accused at the close of the prosecution case.

Source excerpt

  • Stealing/theft
  • Prima facie case
  • No case to answer
  • Burden and standard of proof
  • Acquittal at close of prosecution case
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Employment and labour law [2026] KEELRC 2383 (KLR)

Cale Infrastructure Company Ltd v Sitati & 2 others (Appeal E059, E005 & E058 of 2025 (Consolidated))

Cale Infrastructure Company Ltd v Sitati & 2 others (Appeal E059, E005 & E058 of 2025 (Consolidated)) [2026] KEELRC 2383 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E059 of 2025
Judge
["NJ Abuodha"]

The court upheld the subordinate courts on liability because the appellant failed to rebut the respondents’ evidence that employment continued beyond the alleged contract end dates and failed to prove lawful redundancy or fair termination procedure. However, it interfered with the quantum of damages where the trial courts used unsupported salary bases or awarded excessive compensation, substituting lower awards anchored on the proved contractual or gross pay and statutory entitlements.

Source excerpt

  • Unfair termination
  • Redundancy procedure
  • Fixed-term contracts
  • Legitimate expectation
  • Nssf employment records
  • Notice pay
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Civil procedure [2026] KEMC 523 (KLR)

Robert v Mwikya

Robert v Mwikya (Civil Case E039 of 1000) [2026] KEMC 523 (KLR) (12 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E039 of 1000
Judge
["LK Mwendwa"]

The applicant established sufficient cause for installment payment: the debt arose from a road traffic accident, the applicant showed willingness to pay, demonstrated financial strain by exhibiting other decrees, and the respondent failed to prove specific prejudice. The court therefore exercised its discretion to allow payment by installments and granted stay of execution subject to default provisions.

Source excerpt

  • Stay of execution
  • Payment by installments
  • Functus officio
  • Change of advocates after judgment
  • Post-judgment discretion
  • Execution pending compliance
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Landlord and tenant [2026] KEELC 5281 (KLR)

Njiiri v Irungu

Njiiri v Irungu (Environment and Land Case E067 of 2026) [2026] KEELC 5281 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E067 of 2026
Judge
["CG Mbogo"]

The dispute concerned whether the premises were subject to a controlled tenancy and the validity of termination notices, matters reserved to the Business Premises Rent Tribunal under Cap. 301. Because pending tribunal proceedings existed and the Environment and Land Court only had appellate jurisdiction under Section 15 of Cap. 301, the court lacked original jurisdiction. The suit and application also amounted to an abuse of process, so the plaint was struck out with costs.

Source excerpt

  • Controlled tenancy
  • Jurisdiction
  • Preliminary objection
  • Sub judice
  • Doctrine of exhaustion
  • Abuse of court process
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Civil procedure [2026] KEELC 5272 (KLR)

Mbugua & 3 others (t/a Mowaka Auto Centre) v Turi Gardens Limited & 2 others

Mbugua & 3 others (t/a Mowaka Auto Centre) v Turi Gardens Limited & 2 others (Environment and Land Case E363 of 2024) [2026] KEELC 5272 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E363 of 2024
Judge
["CG Mbogo"]

The objection failed because the alleged earlier magistrates’ court decision was not pleaded in the plaint or defence, and determining whether the plaintiffs had appealed would require the court to go outside the pleadings and examine evidence. That removed the matter from the category of a pure point of law, so the preliminary objection was incompetent and had to be dismissed.

Source excerpt

  • Preliminary objection
  • Pure point of law
  • Pleadings and evidence
  • Dismissal with costs
  • Appeal from subordinate court
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Employment and labour law [2026] KEELRC 2386 (KLR)

Dinlas Pharma EPZ Ltd v Ndamwe (Appeal E182 of 2025)

Dinlas Pharma EPZ Ltd v Ndamwe (Appeal E182 of 2025) [2026] KEELRC 2386 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E182 of 2025
Judge
["NJ Abuodha"]

The Court held that the respondent was on a single fixed-term contract that expired on its stated end date, and the renewal clause was discretionary, not a promise of renewal. The respondent showed no regular practice or clear promise sufficient to establish legitimate expectation. Accordingly, there was no unfair termination, so the compensation award was set aside. However, leave pay was upheld because the appellant failed to show the respondent had taken leave, and the bond money was ordered refunded because the employment relationship had ended and the appellant retained the respondent’s…

Source excerpt

  • Fixed-term contracts
  • Legitimate expectation
  • Non-renewal of contract
  • Unfair termination
  • Leave pay
  • Bond refund
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Land law [2026] KEELC 5304 (KLR)

Nyaenya v Nyang’au

Nyaenya v Nyang’au (Environment and Land Case E010 of 2026) [2026] KEELC 5304 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E010 of 2026
Judge
["AA Omollo"]

The court found that the applicant demonstrated a prima facie case because the respondent admitted closing the access road and the survey report showed the mapped access road existed but was blocked by permanent structures, leaving the applicant without practical access. The court held the harm from loss of access could not be adequately compensated by damages and that the balance of convenience favoured restoring access pending trial. Given the clear facts and the special circumstance of denied access to a home, the higher threshold for a mandatory interlocutory injunction was satisfied.

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prescriptive easement
  • Right of way
  • Access road obstruction
  • Balance of convenience
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Criminal law [2026] KEHC 12932 (KLR)

Republic v Makunda

Republic v Makunda (Criminal Case E028 of 2026) [2026] KEHC 12932 (KLR) (12 August 2026) (Ruling)

Court
High Court
Case number
Criminal Case E028 of 2026
Judge
["Sifuna Nixon"]

The application was unopposed because the prosecution did not categorically oppose bail, and it failed to identify any compelling factors such as witness interference, flight risk, or community hostility. Since bail is a constitutional right and no contest existed, the court granted bail on specified terms without first requiring a pre-bail report.

Source excerpt

  • Murder charge
  • Right to bail
  • Pre-bail report
  • Prosecutorial opposition to bail
  • Bond terms
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Insolvency law [2026] KEHC 12991 (KLR)

Equity Bank (Kenya) Limited v Glee Hotel Limited (Under Administration) & another

Equity Bank (Kenya) Limited v Glee Hotel Limited (Under Administration) & another (Insolvency Cause E045 of 2026) [2026] KEHC 12991 (KLR) (Commercial and Tax) (12 August 2026) (Ruling)

Court
High Court
Case number
Insolvency Cause E045 of 2026
Judge
["FG Mugambi"]

The administrator’s appointment was lawful and valid because the bank held enforceable qualifying floating charges, complied with the statutory appointment process, and the company’s objections on notice, disclosure, proportionality, and group indebtedness did not establish any substantive defect. The company also failed to prove grounds for removal of the administrator, while the administrator proved unlawful interference by the company’s directors, justifying exclusive control and protection orders to preserve the administration process.

Source excerpt

  • Administration appointment validity
  • Removal of administrator
  • Notice requirements for qualifying floating charges
  • Statutory hierarchy of administration objectives
  • Directors' powers during administration
  • Injunctions and protective orders
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Employment law [2026] KEELRC 2395 (KLR)

Kungu v Board of Managment Alliance High School (Appeal E180 of 2024)

Kungu v Board of Managment Alliance High School (Appeal E180 of 2024) [2026] KEELRC 2395 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E180 of 2024
Judge
["NJ Abuodha"]

The appellant worked for the respondent from 2016 to 2021, which was far beyond the statutory limit for casual engagement. Her employment therefore converted by operation of Section 37 into regular employment. The respondent did not prove lawful termination or any genuine attempts to contact the appellant before alleging abscondment. The termination was therefore unfair, and the appellant was entitled to statutory remedies.

Source excerpt

  • Casual employment conversion under section 37
  • Unfair termination
  • Abscondment of duty
  • Notice pay
  • Compensation for unfair termination
  • Leave pay
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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.