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Succession law [2026] KEHC 12775 (KLR)

In re Estate of Kuria (Deceased)

In re Estate of Kuria (Deceased) (Succession Cause 20 of 2018) [2026] KEHC 12775 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Succession Cause 20 of 2018
Judge
["RN Nyakundi"]

The court treated the application as involving a correctable error in the property description and exercised discretion to allow rectification, issuing a rectified grant showing that the deceased was the sole proprietor of Eldoret Municipality/Block 6/430 absolutely.

Source excerpt

  • Rectification of grant
  • Review of grant
  • Confirmation of grant
  • Error in property description
  • Estate administration
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Tax law [2026] KETAT 300 (KLR)

Evans v Commissioner of Legal Services & Board Coordination

Evans v Commissioner of Legal Services & Board Coordination (Tax Appeal E798 of 2026) [2026] KETAT 300 (KLR) (7 August 2026) (Ruling)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E798 of 2026
Judge
["RO Oluoch", "Cynthia B. Mayaka", "E Komolo", "AM Diriye"]

The Applicant proved sickness through medical documentation, explained the delay satisfactorily, and moved the Tribunal within a reasonable time after recovering. Although the delay was about 10 months, the Tribunal found it not inordinate in the circumstances. The statutory threshold under section 13(4) was met, so the Tribunal exercised its discretion in favour of extending time.

Source excerpt

  • Extension of time
  • Late filing of appeal
  • Sickness as reasonable cause
  • Discretion of tribunal
  • Right to be heard
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Judicial review [2026] KEHC 12760 (KLR)

Dungani v Director of Occupational Safety and Health Services & 3 others

Dungani v Director of Occupational Safety and Health Services & 3 others (Judicial Review E015 of 2023) [2026] KEHC 12760 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Judicial Review E015 of 2023
Judge
["J Ngaah"]

The Director had a mandatory statutory duty under WIBA to inquire into and determine the applicant's work injury claim once the alleged accident was brought to his knowledge, and that duty was not suspended by the pendency of a separate employment dispute or by the employer's refusal to complete the DOSH 1 form. However, mandamus could compel performance of the duty only, not the issuance of a specific compensation award. Accordingly, the court compelled the Director to investigate and determine the claim within a set period, but declined to order a fixed award of compensation.

Source excerpt

  • Mandamus
  • Work injury benefits act
  • Director's statutory duty
  • Preliminary objection
  • Limitation of time
  • Jurisdiction
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Land use planning [2026] KEADR 1 (KLR)

Centre v Nuha Energy Limited & another (Claim E004 of 2026)

Centre v Nuha Energy Limited & another (Claim E004 of 2026) [2026] KEADR 1 (KLR) (7 August 2026) (Determination)

Court
County Physical and Land Use Planning Liaison Committees
Case number
Claim E004 of 2026
Judge
["R Monda"]

The approval was unlawful because the respondents did not prove compliance with mandatory public participation requirements. The newspaper notice was defective, compliance with the on-site notice regime was not established, and the immediate neighbour was not meaningfully engaged despite being among those most affected. The approval was therefore set aside for breach of section 58(7) and (8) of PLUPA and regulations 15 and 16 of the 2021 Regulations.

Source excerpt

  • Change of user approval
  • Public participation
  • Statutory notice requirements
  • Subsidiarity principle
  • Validity of development permission
  • Appeal against county planning decision
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Tax law [2026] KETAT 316 (KLR)

Tile & Carpets Centre Ltd v Commissioner of Customs & Border Control

Tile & Carpets Centre Ltd v Commissioner of Customs & Border Control (Tax Appeal E1169 of 2025) [2026] KETAT 316 (KLR) (7 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1169 of 2025
Judge
["RO Oluoch", "AM Diriye", "E Komolo"]

The Tribunal held that the imported Stiebel Eltron DHW Heat Pump SPH-A300 was described by the manufacturer as a Domestic Hot Water heat pump intended for domestic use, and the Appellant failed to produce sufficient technical evidence proving industrial manufacture or industrial application. Because the product was not shown to be for industrial use, it properly fell under the residual subheading HS Code 8418.61.90 rather than HS Code 8418.61.20.

Source excerpt

  • Tariff classification
  • Hs code 8418.61.20 versus 8418.61.90
  • Interpretation of eac common external tariff
  • Domestic use versus industrial use
  • Residual tariff categories
  • Manufacturer literature as classification evidence
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Constitutional law [2026] KEHC 12832 (KLR)

Mburu & another v Director of Public Prosecutions & 2 others

Mburu & another v Director of Public Prosecutions & 2 others (Constitutional Petition E002 of 2024) [2026] KEHC 12832 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E002 of 2024
Judge
["JN Onyiego"]

The Court found that the prosecution had not demonstrated probable or reasonable cause to charge the 1st Petitioner and that the criminal case originated from his professional conduct as an advocate in CMCC No. 51 of 2015. The Court held that charging him in Kilungu rather than Machakos amounted to unequal treatment and arbitrary deprivation of liberty, violating Articles 27(1) and 29(a). It therefore quashed the criminal case by certiorari and awarded compensation, while declining prohibition as overtaken by events and rejecting claims for the 2nd Petitioner and exemplary damages.

Source excerpt

  • Prosecutorial discretion
  • Quashing criminal proceedings
  • Territorial jurisdiction of criminal courts
  • Advocate-client privilege and confidentiality
  • Violation of constitutional rights
  • Malicious or abusive prosecution
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Tax law [2026] KETAT 290 (KLR)

Nyoro Construction Limited v Commissioner of Domestic Taxes

Nyoro Construction Limited v Commissioner of Domestic Taxes (Tax Appeal E479 of 2025) [2026] KETAT 290 (KLR) (7 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E479 of 2025
Judge
["RO Oluoch", "Cynthia B. Mayaka", "E Komolo", "AM Diriye"]

The VAT assessments for 2017 and 2018 and the income tax assessment for 2017 were time-barred because the Respondent failed to prove fraud, willful neglect, or evasion. For the remaining years, the Respondent's objection decision was unjustified because the Appellant produced invoices, receipts, and wage records that the Commissioner ignored without plausible explanation, and the Respondent did not rebut the supplementary material. The appeal succeeded, but the Tribunal declined to entertain the new WIP issue because it was not raised at objection stage.

Source excerpt

  • Income tax
  • Vat
  • Paye
  • Tax assessments
  • Objection decision
  • Time-barred assessments
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Civil procedure [2026] KEHC 12765 (KLR)

Advocates & another v Ariumba Ltd & 3 others (? ? of 2022)

Advocates & another v Ariumba Ltd & 3 others (? ? of 2022) [2026] KEHC 12765 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
? ? of 2022
Judge
["CW Meoli"]

Although corporate personality is the norm, the court found that the Respondents' failure to obey orders to produce books of account, the unexplained absence of financial records, and the overall conduct surrounding the unsatisfied decree justified an adverse inference that the records would have been unfavorable. On that basis, the court held that the company veil was being used as a camouflage to frustrate execution and invoked its inherent jurisdiction to permit personal execution against the directors.

Source excerpt

  • Piercing the corporate veil
  • Examination of directors of judgment debtor company
  • Adverse inference for non-production of financial records
  • Personal liability of company directors
  • Enforcement of taxed advocate-client costs
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Civil procedure [2026] SCC 197 (KLR)

Mobile v Begem Consult Limited & another

Mobile v Begem Consult Limited & another (Commercial Case E99879 of 2025) [2026] SCC 197 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E99879 of 2025
Judge
["GW Kiamah"]

Although the claimant proved that Kshs. 500,000 was transferred to the 1st respondent’s account, that transfer alone did not prove a loan or an obligation to repay. There was no loan agreement, acknowledgements, message trail, demand, narration, or other evidence showing the money was advanced as a loan. The claimant therefore failed to discharge the burden of proof.

Source excerpt

  • Proof of loan agreement
  • Burden of proof
  • Electronic funds transfer evidence
  • Section 30 small claims act
  • Civil standard of proof
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Criminal law [2026] KEHC 12800 (KLR)

Omwoyo v Republic

Omwoyo v Republic (Criminal Appeal E016 of 2025) [2026] KEHC 12800 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E016 of 2025
Judge
["AM Okutoyi"]

The court, after re-evaluating the record as a first appellate court, held that the evidence of multiple witnesses on the armed home invasions and the appellant’s recognition was sufficient to prove robbery with violence beyond reasonable doubt, and that the rape conviction on Count VIII was also supported by the complainant’s evidence despite the lack of injurious medical findings. However, Count IX was unsafe because the evidence did not sufficiently link the appellant to the rape of PW5, who in fact said he did not rape her. The consecutive sentences were upheld because the offences were s…

Source excerpt

  • Robbery with violence
  • Rape
  • Defilement
  • Identification evidence
  • Recognition evidence
  • Alibi defence
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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.