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Insolvency law [2026] KEHC 12995 (KLR)

Cytonn High Yield Solutions LLP v Official Receiver & another

Cytonn High Yield Solutions LLP v Official Receiver & another (Insolvency Petition E063 of 2021) [2026] KEHC 12995 (KLR) (7 August 2026) (Ruling)

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

The applicant failed to show any objective basis for a reasonable apprehension of bias. The challenged orders either implemented previously valid vesting orders, reflected ordinary case management, or raised complaints about correctness of decisions rather than partiality. No secret or improper conduct was established, so recusal was unwarranted.

Source excerpt

  • Recusal and apprehension of bias
  • Case management discretion
  • Ex parte orders
  • Preservation and vesting orders
  • Appeal versus recusal
  • Fair hearing
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Employment law [2026] KEELRC 2381 (KLR)

Moraa v Gyto Security Ltd

Moraa v Gyto Security Ltd (Employment and Labour Relations Appeal E087 of 2025) [2026] KEELRC 2381 (KLR) (7 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E087 of 2025
Judge
["K Ocharo"]

The respondent called no evidence to prove desertion or any lawful basis for termination, so the appellant's termination was substantively and procedurally unfair. Notice pay was due because summary dismissal was not justified. Underpayment was proved on the basis of the applicable statutory minimum wage, and compensation for unfair termination had to be recalculated using that lawful minimum rather than the unlawfully depressed wage actually paid. House allowance succeeded because the respondent proved no contractual or evidential basis for an all-inclusive salary, but leave pay and public h…

Source excerpt

  • Unfair termination
  • Constructive desertion/absconding dispute
  • Burden of proof in termination claims
  • Notice pay
  • Underpayment and minimum wage
  • House allowance
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Contract law [2026] SCC 192 (KLR)

Makasoma v Dondi & another

Makasoma v Dondi & another (Commercial Case E4168 of 2026) [2026] SCC 192 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E4168 of 2026
Judge
["GW Kiamah"]

The claimant failed to prove that the respondents did not perform, because delivery notes showed substantial delivery and receipt of the fabricated items and the claimant did not challenge them. The evidence also showed both parties accepted an outstanding balance of Kshs. 100,000/= payable upon completion, and the claimant’s own WhatsApp messages did not establish incomplete works. The respondents, however, failed to prove storage charges with supporting records or contractual basis, so only the balance of Kshs. 100,000/= was awarded on the counterclaim.

Source excerpt

  • Breach of contract
  • Payment for fabricated goods
  • Counterclaim
  • Storage charges
  • Burden of proof
  • Standard of proof
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Civil procedure [2026] KEHC 12753 (KLR)

Son Hardware Ltd v Arumba Ltd & another

Son Hardware Ltd v Arumba Ltd & another (Commercial Case E004 of 2022) [2026] KEHC 12753 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E004 of 2022
Judge
["CW Meoli"]

The Plaintiff's suit was not struck out because it raised triable issues, but it was subject to sub judice due to the pending ELC No. 10 of 2021, so the court stayed it for nine months. The 2nd Defendant's attempt to file a defence to the 1st Defendant's purported counterclaim out of time failed because a counterclaim cannot properly be used against a co-defendant; the correct procedure is Order 1 Rule 24. The Plaintiff's bid for strike out and judgment on admission failed because the alleged admissions were not clear, unequivocal, or directed as admissions of liability by the 1st Defendant.

Source excerpt

  • Sub judice
  • Res judicata
  • Strike out of pleadings
  • Summary judgment
  • Judgment on admission
  • Counterclaim against co-defendant
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Succession law [2026] KEHC 12841 (KLR)

In re Estate of Mavole (Deceased)

In re Estate of Mavole (Deceased) (Succession Cause 258 of 2017) [2026] KEHC 12841 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Succession Cause 258 of 2017
Judge
["JN Onyiego"]

The protest failed because the protestor did not prove, on a balance of probabilities, that she was lawfully married to Jasper Mutuku Mavole or otherwise entitled as his dependant. With no evidence of marriage, cohabitation, children, or other objective proof, the court found the protest hollow and dismissed it. The court nonetheless declined to confirm the grant immediately because all beneficiaries had not signed consent to the proposed distribution; it ordered the administrators to file a signed beneficiary list before confirmation.

Source excerpt

  • Confirmation of grant
  • Protest to confirmation
  • Burden of proof
  • Widow/dependant status
  • Intermeddling with estate property
  • Distribution of intestate estate
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Tort law [2026] KEHC 12733 (KLR)

Mulei v Nyambu

Mulei v Nyambu (Civil Appeal E087 of 2025) [2026] KEHC 12733 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E087 of 2025
Judge
["J Ngaah"]

The trial court erred by transferring a 50% apportionment of liability, derived from a dispute between the motorcycle rider and the Nissan driver, onto an innocent pillion passenger. The appellant was not pleaded or proved to be contributorily negligent, and the alleged helmet issue could not justify reduction because it was unpleaded, unsupported by evidence, and had no causal connection to the non-head injuries suffered. Liability was therefore 100% against the respondent. The awards for general damages and loss of earning capacity were within range and disclosed no error of principle, so t…

Source excerpt

  • Road traffic accident liability
  • Contributory negligence
  • Pillion passenger liability
  • Assessment of damages
  • General damages
  • Loss of earning capacity
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Civil procedure [2026] KEHC 12812 (KLR)

Kinyanjui Njuguna & Company Advocates v Africa Merchant Asurance Company Limited

Kinyanjui Njuguna & Company Advocates v Africa Merchant Asurance Company Limited (Civil Miscellaneous E370 of 2025) [2026] KEHC 12812 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Civil Miscellaneous E370 of 2025
Judge
["AM Okutoyi"]

The court found that the Applicant proved a valid and unsatisfied decree, the Garnishee admitted holding funds attributable to the Judgment Debtor, and neither the Judgment Debtor nor the Garnishee established any legal impediment to attachment; therefore, the Garnishee Order Nisi had to be made absolute.

Source excerpt

  • Garnishee orders
  • Attachment of debts
  • Enforcement of decree
  • Order absolute
  • Costs of execution
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Commercial law [2026] SCC 196 (KLR)

Njuguna v Karanja

Njuguna v Karanja (Commercial Case E100498 of 2025) [2026] SCC 196 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E100498 of 2025
Judge
["GW Kiamah"]

The claimant proved delivery of a complete engine and the existence of a seven-day guarantee through the delivery note, while the respondent produced no evidence of defect, no proof of a complaint within the guarantee period, and no documentary support for the alleged replacement engine; therefore the respondent failed to justify withholding payment and the claimant succeeded on a balance of probabilities.

Source excerpt

  • Sale of goods
  • Breach of contract
  • Burden of proof
  • Damages
  • Costs
  • Interest
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Arbitration [2026] KEHC 12777 (KLR)

Job & Michael Ufalme Ltd v Switch TV Ltd & another

Job & Michael Ufalme Ltd v Switch TV Ltd & another (Miscellaneous Commercial Application E1058 of 2025) [2026] KEHC 12777 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Commercial Application E1058 of 2025
Judge
["JWW Mong'are"]

The Applicant failed to meet the high, objective threshold for proving justifiable doubts as to the arbitrator’s impartiality. The complained-of conduct was procedural case management, not bias: the arbitrator only proposed a holiday hearing subject to objections, adjourned when objected to, reasonably sought corroboration for a new adjournment ground, and reverted to a previously agreed fallback date. The application was not made in good faith and appeared aimed at delay. The motion therefore failed.

Source excerpt

  • Arbitrator recusal
  • Bias and impartiality test
  • Intervention in arbitration
  • Challenge procedure under arbitration act
  • Case management in arbitration
  • Adjournment and hearing dates
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Tax law [2026] KETAT 306 (KLR)

Grayan Investments Ltd v Commissioner for Domestic Taxes

Grayan Investments Ltd v Commissioner for Domestic Taxes (Tax Appeal E1340 of 2025) [2026] KETAT 306 (KLR) (7 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1340 of 2025
Judge
["RO Oluoch", "AM Diriye", "E Komolo"]

The Appellant failed to produce sufficient documentary evidence to support its claim that the disputed bank credits were loans or otherwise non-taxable. Because the Appellant did not discharge the statutory burden of proving the assessments excessive or the tax decision incorrect, the Tribunal upheld the Respondent’s Objection Decision and confirmed the additional VAT and corporation tax assessments.

Source excerpt

  • Burden of proof in tax disputes
  • Bank deposit analysis as income
  • Objection proceedings
  • Document production under tax law
  • Assessment of undeclared income
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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.