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Insolvency law [2026] KEHC 12992 (KLR)

In re Cytton High Yields Solutions (In Liquidation)

In re Cytton High Yields Solutions (In Liquidation) (Insolvency Petition E063 of 2021) [2026] KEHC 12992 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court
High Court
Case number
Insolvency Petition E063 of 2021
Judge
["FG Mugambi"]

The court held that the CHYF investors' joinder application was sub judice and unsupported by adequate proof. As to the Alma units, pre-charge purchasers who proved full payment before 23 August 2019 had equitable interests that outranked SBM's later charge, but only if payment was actually proved. Post-charge purchasers could not bind SBM without its written consent and failed for want of proof and notice. The verification exercise was substantially compliant. The consent was not shown to have been procured by fraud, collusion, or any vitiating factor. Relief was therefore granted only to th…

Source excerpt

  • Joinder
  • Res judicata
  • Sub judice
  • Bona fide purchaser for value without notice
  • Chargee's power of sale
  • Verification of proofs in liquidation
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Civil procedure [2026] SCC 195 (KLR)

Safaricom PLC v Iriaini Tea Factory Company Ltd

Safaricom PLC v Iriaini Tea Factory Company Ltd (Civil Case E038 of 2026) [2026] SCC 195 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Civil Case E038 of 2026
Judge
["GK Waithira"]

The respondent’s driver was negligent in failing to keep a reasonable distance from the claimant’s vehicle despite daylight visibility and traffic ahead, so the respondent was vicariously liable. The claimant sufficiently proved special damages through assessment, invoice, payment voucher, and related documents, and was therefore entitled to the full claimed amount.

Source excerpt

  • Negligence
  • Vicarious liability
  • Rear-end collision
  • Special damages
  • Proof of damages
  • Costs
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Criminal law [2026] KEHC 12810 (KLR)

Nyamboje v Republic

Nyamboje v Republic (Criminal Appeal E014 of 2025) [2026] KEHC 12810 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E014 of 2025
Judge
["AM Okutoyi"]

Although the original custodial sentence was lawful, the appellate court found that the appellant’s remorse, period already served, and personal mitigation justified interference with the unexpired term. The objectives of punishment had been substantially met, so justice required substitution of the remaining sentence with time already served and immediate release.

Source excerpt

  • Malicious damage to property
  • Appeals against sentence
  • Plea of guilty
  • Non-custodial sentencing
  • Probation and community service
  • Sentencing principles
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Administrative law [2026] KEHC 12766 (KLR)

Owuor & another v Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs & 4 others

Owuor & another v Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs & 4 others (Judicial Review E251 of 2026) [2026] KEHC 12766 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Judicial Review E251 of 2026
Judge
["WM Musyoka"]

The court found that the ex parte stay order was too broad because the applicants’ real complaint centered on the increased licensing fees and gambling capital requirements, not the entire regulatory framework. Although the respondents established a basis for concern that the stay crippled lawful regulatory functions and created a vacuum, the applicants retained sufficient interest to proceed. The proper balance was to preserve the challenge by limiting the stay to the contested provisions rather than discharging it entirely.

Source excerpt

  • Order 53 stay orders
  • Variation/discharge of ex parte stay
  • Locus standi
  • Public interest
  • Public participation
  • Regulatory fees and capital requirements
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Civil procedure [2026] KEHC 12607 (KLR)

Mwaruwaga alias Mohamed Bakari v Consolbase Transfreight Logistics

Mwaruwaga alias Mohamed Bakari v Consolbase Transfreight Logistics (Civil Appeal E370 of 2024) [2026] KEHC 12607 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E370 of 2024
Judge
["J Ngaah"]

The appeal succeeded because the appellant's sworn eyewitness evidence of being struck while lawfully crossing at a marked crossing was unrebutted, the respondent led no evidence of contributory negligence, and the trial court गलतly demanded corroboration and drew an unsustainable inference from the absence of a traffic charge. The missing decree defect had been cured before hearing, so the appeal remained competent. Liability was therefore wholly on the respondent.

Source excerpt

  • Liability apportionment
  • Contributory negligence
  • Burden and standard of proof
  • First appellate review
  • Preliminary objection on missing decree
  • Uncontroverted evidence
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Civil procedure [2026] KEHC 12736 (KLR)

Hacco Industries Limited & another v Doshi Ironmongers Limited & another

Hacco Industries Limited & another v Doshi Ironmongers Limited & another (Miscellaneous Application E231 of 2025) [2026] KEHC 12736 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E231 of 2025
Judge
["J Ngaah"]

The court held that although a magistrate’s assessment of party-and-party costs is not a taxation under Rule 11 of the Advocates (Remuneration) Order, the High Court may nonetheless entertain a challenge to it under its supervisory and inherent jurisdiction. The preliminary objection therefore failed. On the merits, however, the magistrate committed no error of principle: the applicable scale was the Advocates (Remuneration) Order 1997 because the suit was filed in 2003 and transfer to the magistrates’ court did not amount to a fresh filing; and the value of subject matter could not be pegged…

Source excerpt

  • Preliminary objection
  • Jurisdiction of the high court
  • Assessment of party-and-party costs in subordinate court
  • Reference versus appeal
  • Applicable remuneration order
  • Value of subject matter
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Environment and land law [2026] KEELC 5253 (KLR)

Abdikarim v Mohamed & another (Land Case Appeal E033 of 2025)

Abdikarim v Mohamed & another (Land Case Appeal E033 of 2025) [2026] KEELC 5253 (KLR) (7 August 2026) (Judgment)

Court
Environment and Land Court
Case number
Land Case Appeal E033 of 2025
Judge
["A Ombwayo"]

The appeal failed because the subordinate court had jurisdiction over the land dispute under the applicable statute; filing the matter in the civil registry was merely an administrative classification and did not oust jurisdiction. The appellant was served, filed a defence and counterclaim, but did not attend the hearing or adduce evidence, so the respondent's claim stood uncontroverted and no denial of fair hearing was shown.

Source excerpt

  • Jurisdiction of magistrate's court over land disputes
  • Fair hearing
  • Hearing in absence of a party
  • Counterclaim not prosecuted
  • Administrative registry classification versus jurisdiction
  • Trespass to land
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Civil procedure [2026] SCC 194 (KLR)

Primarosa Flowers Ltd v Herany Flora Ltd (Claim E99994 of 2025)

Primarosa Flowers Ltd v Herany Flora Ltd (Claim E99994 of 2025) [2026] SCC 194 (KLR) (7 August 2026) (Ruling)

Court
Small Claims Court
Case number
Claim E99994 of 2025
Judge
["GW Kiamah"]

Although the claim was within the court’s pecuniary jurisdiction, the dispute involved contested issues of contract formation, agency, third-party liability, quality complaints, set-off, and accounting that required detailed evidentiary inquiry. Those matters were too complex for the simplified procedure of the Small Claims Court, so the claim was struck out without prejudice to being refiled in a court of competent jurisdiction.

Source excerpt

  • Debt recovery
  • Agency relationship
  • Set-off
  • Quality complaints on supplied goods
  • Jurisdictional suitability
  • Strike out without prejudice
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Constitutional law [2026] KEELC 5248 (KLR)

Sheikh v Creek Container Depot Limited

Sheikh v Creek Container Depot Limited (Environment and Land Petition E003 of 2026) [2026] KEELC 5248 (KLR) (7 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Petition E003 of 2026
Judge
["A Ombwayo"]

The court held that the petition raised constitutional violations concerning property rights and the right to a clean and healthy environment, matters falling within the Environment and Land Court's jurisdiction and not within the mandate of the County Physical and Land Use Planning Liaison Committee or NEMA to finally determine constitutional breaches. The doctrine of exhaustion therefore did not apply, and the alleged pending NEMA process could not oust the court's jurisdiction. The preliminary objection failed as a matter of law.

Source excerpt

  • Doctrine of exhaustion
  • Jurisdiction of the environment and land court
  • Preliminary objection
  • Right to a clean and healthy environment
  • Development permission and planning enforcement
  • Nema complaint process
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Civil procedure [2026] KEHC 12793 (KLR)

Bhaga v Gacheru

Bhaga v Gacheru (Miscellaneous Application E1208 of 2025) [2026] KEHC 12793 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E1208 of 2025
Judge
["JWW Mong'are"]

The court held that it had supervisory jurisdiction because the subordinate court acted outside lawful bounds by entertaining and later enforcing execution on a judgment that had already been set aside, while also issuing contradictory orders. It found that the interlocutory judgment of 24 July 2024, the decree, warrants, and subsequent execution steps were null and void; it further found the Respondent's monetary claim had been settled and the subordinate court lacked jurisdiction to entertain a fresh damages claim beyond the BPRT enforcement mandate.

Source excerpt

  • Supervisory jurisdiction of the high court
  • Setting aside interlocutory judgment
  • Nullity of proceedings founded on a void judgment
  • Execution proceedings
  • Transfer of file in subordinate court
  • Settlement of decretal sums
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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.