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Civil procedure [2026] KEELC 5335 (KLR)

Apollo Muinde & Partners Advocates v National Land Commission

Apollo Muinde & Partners Advocates v National Land Commission (Miscellaneous Application E005 of 2023) [2026] KEELC 5335 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Miscellaneous Application E005 of 2023
Judge
["EK Makori"]

The applicant failed to justify the four-month delay and therefore did not satisfy the threshold for the court’s equitable discretion to enlarge time or grant leave to appeal. The court also found that the intended appeal lacked arguability because the court had discretion, after finding error in principle in the taxation reference, to re-tax the bill itself where justice required. The application was dismissed with costs.

Source excerpt

  • Extension of time
  • Leave to appeal
  • Notice of appeal out of time
  • Reference from taxation
  • Judicial discretion
  • Inordinate delay
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Civil procedure [2026] KEELC 5275 (KLR)

Eveready Security Guards Ltd v Esteeem Energy Ltd

Eveready Security Guards Ltd v Esteeem Energy Ltd (Environment and Land Miscellaneous Case E205 of 2022) [2026] KEELC 5275 (KLR) (12 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Case E205 of 2022
Judge
["CG Mbogo"]

The court held that the magistrates' court lacked pecuniary jurisdiction, and the transfer order made on 29th February 2024 was therefore erroneous and unsustainable. Since the original suit had been filed in a forum without jurisdiction, the transfer could not cure the defect; the proper course was to set aside the transfer order and require the respondent to file a fresh suit on a clean slate.

Source excerpt

  • Review of orders
  • Transfer of suits for want of jurisdiction
  • Pecuniary jurisdiction
  • Nullity of proceedings
  • Fresh suit after setting aside transfer order
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Civil procedure [2026] KEHC-DR 14 (KLR)

John & 2 others v Oduor

John & 2 others v Oduor (Civil Appeal 143 of 2017) [2026] KEHC-DR 14 (KLR) (11 August 2026) (Ruling)

Court
High Court (DR)
Case number
Civil Appeal 143 of 2017
Judge
["LA Mumassabba"]

The bill was taxed under the 2014 Advocates Remuneration Order because the matter was instructed in 2017 and concluded in 2023. Instruction fees were assessed from the lower court judgment value, but the claimant was bound by the pleaded amount and was taxed at the sum sought. Getting up fees were disallowed because the court had not certified the appeal as a proper case for such fees. The remaining challenged items were either allowed as drawn or taxed down to the stated amounts.

Source excerpt

  • Taxation of party and party bill of costs
  • Instruction fees
  • Getting up fees
  • Value of subject matter
  • Appeal costs
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Constitutional law [2026] KEHC 12896 (KLR)

Kavuli & 9 others (All Suing as Members of the Coalition of Victims & Survivors Against State Violence) v Mutua (Being Sued as the Chairperson of the Panel of Experts on the Compensation of Victims of Human Rights Violations, Including from Demonstrations and Public Protests) & 5 others

Kavuli & 9 others (All Suing as Members of the Coalition of Victims & Survivors Against State Violence) v Mutua (Being Sued as the Chairperson of the Panel of Experts on the Compensation of Victims of Human Rights Violations, Including from Demonstrations and Public Protests) & 5 others (Petition E488 of 1000) [2026] KEHC 12896 (KLR) (Constitutional and Human Rights) (11 August 2026) (Ruling)

Court
High Court
Case number
Petition E488 of 1000
Judge
["G Mutai"]

The Court found that the Petition raised arguable constitutional questions over the legality of the Respondents' authentication process and the exclusion of verified victims of abductions and enforced disappearances. Because the compensation fund was finite and the process was ongoing, the Court held that without interim intervention the petition could be rendered nugatory. The Court therefore issued targeted conservatory relief that preserved the Petitioners' claim while allowing uncontested compensation to continue.

Source excerpt

  • Conservatory orders
  • Victims compensation and reparations
  • Enforced disappearance
  • Authentication of claims
  • Equality and non-discrimination
  • Public interest
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Civil procedure [2026] KEMC 661 (KLR)

Anangwe v Nyongesa

Anangwe v Nyongesa (Commercial Case E002 of 2025) [2026] KEMC 661 (KLR) (11 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Commercial Case E002 of 2025
Judge
["TO Omono"]

The court held that the motion was properly before it notwithstanding the Order 9 Rule 9 defect, treated the defect as curable, and found that the applicant met the conditions for stay: substantial loss was shown, the application was filed without unreasonable delay, and security was offered. Stay was granted subject to deposit of the logbook and Kshs. 500,000 in a joint interest-earning account within 14 days.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Order 9 rule 9 change of advocate post-judgment
  • Preservation of motor vehicle pending appeal
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Civil procedure [2026] KEMC 696 (KLR)

Barasa & another (Suing as the Legal Representatives of the Estate of Collins Simiyu Nyongesa - Deceased) v Makokha & 3 others

Barasa & another (Suing as the Legal Representatives of the Estate of Collins Simiyu Nyongesa - Deceased) v Makokha & 3 others (Civil Case E503 of 2024) [2026] KEMC 696 (KLR) (11 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E503 of 2024
Judge
["TO Omono"]

The 3rd Defendant was only a financier and not vicariously liable for the motorcycle rider’s negligence, so the suit against it and its third-party claim failed. Interlocutory judgment against the 1st and 2nd Defendants fixed liability at 100% against them. Because the deceased’s income was not proved, the court used a global award for loss of dependency, and it awarded conventional damages for pain and suffering and loss of expectation of life, plus strictly and reasonably proved special damages including funeral expenses.

Source excerpt

  • Vicarious liability
  • Financier liability
  • Third party proceedings
  • Interlocutory judgment
  • Loss of dependency
  • Loss of expectation of life
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Civil procedure [2026] KEMC 718 (KLR)

Ikanda v Iwaki Trading Limited & another

Ikanda v Iwaki Trading Limited & another (Civil Suit E265 of 2025) [2026] KEMC 718 (KLR) (11 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Suit E265 of 2025
Judge
["TO Omono"]

The court held that because the suit proceeded by formal proof, instruction fees had to be taxed at 65% of the lower-scale fee, producing Kshs. 42,250/=. VAT was disallowed because this was a party and party bill and no taxable supply by the plaintiff to the defendants was proved. Service fees for Kimwanga were fixed at Kshs. 2,000/= per item, filing fees were disallowed for want of proof, and attendance fees were disallowed because counsel did not attend court. The bill was therefore assessed at Kshs. 82,035/=.

Source excerpt

  • Party and party costs
  • Instruction fees
  • Value added tax on costs
  • Service fees
  • Filing fees
  • Attendance fees
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Civil procedure [2026] KEHC 12816 (KLR)

Gatei & another v Cherutoi

Gatei & another v Cherutoi (Miscellaneous Civil Application E013 of 2025) [2026] KEHC 12816 (KLR) (11 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Civil Application E013 of 2025
Judge
["LA Mumassabba"]

The value of the subject matter was ascertainable from the lower court judgment at Kshs 1,547,770, so instruction fees were taxable by applying the remuneration scale. The opposed application fee was taxable at Kshs 5,000 under the applicable schedule. The bill was therefore reduced to the taxed amount stated by the court, and the respondent was granted 14 days to file a reference.

Source excerpt

  • Party and party bill of costs
  • Instruction fees
  • Taxation under the advocates remuneration order
  • Opposed application costs
  • Reference period
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Criminal law [2026] KEHC 12965 (KLR)

Republic v Nyakweba

Republic v Nyakweba (Criminal Case E028 of 2026) [2026] KEHC 12965 (KLR) (11 August 2026) (Ruling)

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

Although the offence charged is bailable and bail is a constitutional right, the court found that the close community connection between the accused and the deceased, together with the allegation that other suspects remain at large, warranted a social inquiry before determining the application. The court therefore deferred the bail decision pending a pre-bail report.

Source excerpt

  • Bail and bond
  • Murder charge
  • Pre-bail report
  • Social inquiry
  • Bail conditions
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Personal injury [2026] KEMC 528 (KLR)

Karanga v Cropchem East Africa Ltd

Karanga v Cropchem East Africa Ltd (Civil Case E001 of 2026) [2026] KEMC 528 (KLR) (11 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E001 of 2026
Judge
["PE Nabwana"]

The court held that the Plaintiff proved soft tissue injuries complicated by a traumatic umbilical hernia, justifying Kshs. 650,000/= general damages; her future medical expense of Kshs. 30,000/= was specifically pleaded and medically supported; loss of income failed for want of documentary proof; and special damages were only partially proved, resulting in a proved sum of Kshs. 11,670/=. After applying the 90:10 consent on liability, judgment issued at Kshs. 622,503/= in favor of the Plaintiff.

Source excerpt

  • Road traffic accident
  • General damages
  • Future medical expenses
  • Loss of income
  • Special damages
  • Contributory negligence
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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.