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Contract law [2026] KEMC 703 (KLR)

Musuna v Abdullahi

Musuna v Abdullahi (Environment and Land Case E005 of 2022) [2026] KEMC 703 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Case E005 of 2022
Judge
["LK Mwendwa"]

The Plaintiff failed to prove that the 2014 agreement was void or voidable so as to justify rescission. The evidence showed that both parties had partially performed and that neither had completed their obligations: the Plaintiff had not transferred the land, while the Defendant had not caused the motor vehicle to be transferred into the Plaintiff's name. Because both parties remained willing to complete the bargain, and because specific performance was the most efficacious equitable remedy in the circumstances, the court upheld the agreement and granted specific performance on both sides.

Source excerpt

  • Rescission
  • Specific performance
  • Misrepresentation
  • Failure of consideration
  • Capacity to contract
  • Restitution
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Employment law [2026] KEELRC 2403 (KLR)

Ongoro v SGA Guarding Ltd & another

Ongoro v SGA Guarding Ltd & another (Employment and Labour Relations Appeal E065 of 2025) [2026] KEELRC 2403 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E065 of 2025
Judge
["NJ Abuodha"]

The appeal succeeded because the Respondents failed to comply with mandatory procedural fairness requirements. The suspension letter was not a valid notice to show cause, the Appellant was ambushed with a hearing on less than one day’s notice, the process denied reasonable preparation and hearing rights, and the appeal was not independent because persons involved in the original disciplinary process sat on the appeal panel. The trial court therefore erred in finding the termination lawful, and the Appellant was entitled to compensation.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Procedural fairness
  • Notice to show cause
  • Disciplinary hearing
  • Right to appeal in employment discipline
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Criminal law [2026] KEHC 12814 (KLR)

Mwangi v Republic

Mwangi v Republic (Criminal Revision E091 of 2026) [2026] KEHC 12814 (KLR) (12 August 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E091 of 2026
Judge
["DR Kavedza"]

The applicant failed to demonstrate any legal or factual basis warranting interference with the sentence. The sentence was lawful, within statutory limits, proportionate to the offence, and there was no shown misdirection, material omission, or reliance on irrelevant factors. Rehabilitation, remorse, and unsupported family hardship were insufficient to justify revision.

Source excerpt

  • Sentence review
  • Interference with sentencing discretion
  • Trafficking in narcotic drugs
  • Mitigating factors
  • Non-custodial sentence
  • Rehabilitation
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Personal injury [2026] KEHC 12807 (KLR)

Amukoya v Kamau & another

Amukoya v Kamau & another (Civil Suit E5334 of 2025) [2026] KEHC 12807 (KLR) (12 August 2026) (Judgment)

Court
High Court
Case number
Civil Suit E5334 of 2025
Judge
["LA Mumassabba"]

The Court found the Defendants 100% liable because the Plaintiff’s evidence that the 1st Defendant negligently drove the insured vehicle into his path was uncontroverted, ownership of the vehicle was shown to be in the 2nd Defendant, and the circumstances supported vicarious liability. On damages, the Court assessed general damages at Kshs.850,000 for a clavicle fracture with surgery and 10% permanent disability, awarded Kshs.100,000 for proved future removal of the metal plate, and Kshs.10,905 as strictly proved special damages.

Source excerpt

  • Negligence
  • Vicarious liability
  • Damages assessment
  • Special damages
  • Future medical expenses
  • Default judgment
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Land law [2026] KEELC 5269 (KLR)

Lake Region Micro-Credit Enterprises t/a Kenya International Fishers Development and Fish Suppliers Agency Ltd v Attorney General & 7 others (Land Case E085 of 2025)

Lake Region Micro-Credit Enterprises t/a Kenya International Fishers Development and Fish Suppliers Agency Ltd v Attorney General & 7 others (Land Case E085 of 2025) [2026] KEELC 5269 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Land Case E085 of 2025
Judge
["CG Mbogo"]

The court held that it had jurisdiction because the plaint, read generally, showed a claim tied to the current value of the suit property at Kshs. 26,000,000, and any dispute on value required trial evidence. The preliminary objection therefore failed. The interlocutory motion also failed because the prayers sought were final in nature and mirrored the substantive relief in the plaint, so granting them would determine the dispute conclusively before trial.

Source excerpt

  • Jurisdiction
  • Preliminary objection
  • Interlocutory injunction
  • Specific performance
  • Title registration
  • Fraud allegations
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Family law [2026] KEMC 458 (KLR)

JE v FE (Children's Case E002 of 2026)

JE v FE (Children's Case E002 of 2026) [2026] KEMC 458 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Children's Case E002 of 2026
Judge
["AZ Ogange"]

Although the suit was validly filed when V.E was a child, V.E had attained the age of majority by the time of hearing and judgment. That supervening fact removed the basis for the Children’s Court to continue exercising jurisdiction over prayers for legal guardianship and parental responsibility, because those remedies are founded on the subject being a child. In the absence of exceptional circumstances, the suit was struck out.

Source excerpt

  • Legal guardianship
  • Parental responsibility
  • Jurisdiction of children’s court
  • Attainment of majority
  • Striking out suit
  • Costs in family matters
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Contract law [2026] KEMC 521 (KLR)

Musuna v Abdullah

Musuna v Abdullah (Environment and Land Case E005 of 2022) [2026] KEMC 521 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Case E005 of 2022
Judge
["LK Mwendwa"]

The Plaintiff failed to prove that the agreement was void, tainted to a level that justified rescission, or that he was himself innocent and fully performed; the evidence showed both parties had already exchanged possession and neither had completed the promised transfers. Because restitution after more than a decade would be impracticable and inequitable, rescission was refused. The contract remained valid and binding, and specific performance was the most efficacious remedy, so the Plaintiff was ordered to transfer the land portion and the Defendant to transfer motor vehicle KAG 040T to the…

Source excerpt

  • Rescission
  • Specific performance
  • Misrepresentation
  • Failure of consideration
  • Capacity to contract
  • Restitution
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Civil procedure [2026] KEMC 451 (KLR)

Abdi v Kamau & another

Abdi v Kamau & another (Civil Case E1495 of 2026) [2026] KEMC 451 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E1495 of 2026
Judge
["LA Mumassabba"]

The Defendants were wholly liable because the Plaintiff’s testimony and documentary evidence established that the accident was caused by the negligent driving of motor vehicle KCD 057A by the 2nd Defendant, with no rebuttal from the Defendants; ownership by the 1st Defendant and agency of the 2nd Defendant were inferred, making the 1st Defendant vicariously liable. On quantum, the Plaintiff proved serious lower-limb fractures requiring surgery, justifying Kshs. 1,200,000 as general damages, but failed to prove future medical expenses and loss of earning capacity. Special damages were only str…

Source excerpt

  • Negligence
  • Vicarious liability
  • Res ipsa loquitur
  • General damages
  • Special damages
  • Future medical expenses
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Civil procedure [2026] KEMC 450 (KLR)

Mugwika v Kuria aka David Mwangi

Mugwika v Kuria aka David Mwangi (Civil Suit E6132 of 2025) [2026] KEMC 450 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Suit E6132 of 2025
Judge
["LA Mumassabba"]

The Plaintiff proved, on a balance of probabilities, that the suit motor vehicle belonged to the Defendant and was being driven by David Wambua at the material time; the Defendant offered no rebuttal. The Court therefore found David Wambua to have been the Defendant’s driver/agent and held the Defendant 100% vicariously liable for the rear-end collision. On damages, the Plaintiff’s soft-tissue injuries attracted Kshs.350,000 as fair general damages, and the pleaded special damages of Kshs.5,550 were strictly proved.

Source excerpt

  • Vicarious liability
  • Negligence
  • Proof of special damages
  • Assessment of general damages
  • Interlocutory judgment
  • Formal proof
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Criminal law [2026] KEMC 509 (KLR)

Republic v Mawira & another

Republic v Mawira & another (Criminal Case E543 of 2025) [2026] KEMC 509 (KLR) (12 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E543 of 2025
Judge
["T Wachira"]

The prosecution failed to link the accused persons to the alleged breaking and theft beyond reasonable doubt. There was no eye-witness, the entry damage was not proved with certainty, the recovered beans were not positively identified as the school’s beans, the alleged confession was not shown to comply with section 25A of the Evidence Act, and the doctrine of recent possession failed because possession and ownership of the recovered beans were not proved. The accused were therefore entitled to acquittal on both the main and alternative counts.

Source excerpt

  • Breaking into a building
  • Recent possession
  • Handling stolen property
  • Confession admissibility
  • Burden and standard of proof
  • Benefit of doubt
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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.