Onyango v Republic
Onyango v Republic (Criminal Appeal E022 of 2025) [2026] KEHC 12799 (KLR) (7 August 2026) (Judgment)
[2026] KEHC 12799 (KLR)
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Gichohi & another v Gikandi & 3 others (Complaint E001 of 2026)
Gichohi & another v Gikandi & 3 others (Complaint E001 of 2026) [2026] Tribunal 1 (KLR) (7 August 2026) (Determination)
The approval was unlawful because the newspaper notice had not been published for the mandatory fourteen-day period before submission, the County approved the application before the objection period expired, the appellant’s objection was not considered before the decision, and compliance with the on-site notice requirements was not proved. The appellant, as an immediate neighbour sharing a common wall and foundation, was among the persons most affected and should have been more deliberately engaged. The approval was therefore set aside for want of lawful public participation and failure to co…
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- Change of user
- Public participation
- Statutory notice requirements
- Neighbouring property impact
- Liaison committee appeal
- Development permission
In re Estate of Kisilu (Deceased)
In re Estate of Kisilu (Deceased) (Succession Cause 1 of 2017) [2026] KEHC 12847 (KLR) (7 August 2026) (Ruling)
The court held that the application lacked merit because the estate had already been distributed six years earlier, the applicants and other administrators had failed to administer it diligently, the confirmed grant remained valid and binding, and the appointment of the Public Trustee was the lawful and practical last resort. The court refused to re-open distribution, add assets not shown to be in the deceased’s name, or appoint the applicants or a stranger as co-administrator. The proper remedy for the Makindu ELC matter, if needed, was a limited grant, not a fresh restructuring of administr…
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- Revocation of grant
- Administration of estate
- Public trustee
- Limited grant for special purpose
- Confirmation of grant
- Estate accounting
Josim Instantaneous Consultium Limited v Eskha
Josim Instantaneous Consultium Limited v Eskha (Commercial Case E432 of 2026) [2026] SCC 202 (KLR) (7 August 2026) (Ruling)
The court held that joinder of Patrick Wecholi Sikwanyi as a third party was proper, but prayers seeking to pass liability and obtain judgment against him at the application stage were premature and legally untenable. The respondent’s liability to the claimant remained intact and had to be determined on the merits at full hearing.
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- Joinder of third party
- Third-party notice
- Default by third party
- Liability and indemnity
- Premature interlocutory relief
- Loan dispute
Amirali v Nyatangi t/a Benom Enterprises Hardware
Amirali v Nyatangi t/a Benom Enterprises Hardware (Civil Appeal E032 of 2026) [2026] KEHC 12770 (KLR) (7 August 2026) (Ruling)
The court held that the application for review had no merit because it sought to re-open and re-argue the earlier ruling rather than correct an obvious self-evident error on the face of the record. Review jurisdiction under Section 80 and Order 45 is narrow and cannot be used to substitute a fresh view on the merits; accordingly, the impugned ruling could not be vacated through review.
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- Review of judgment or ruling
- Jurisdiction
- Controlled tenancies
- Business premises rent tribunal
- Execution of decrees
- Error apparent on the face of the record
Imarika Savings and Credit Cooperative Society Limited v Commissioner of Domestic Taxes
Imarika Savings and Credit Cooperative Society Limited v Commissioner of Domestic Taxes (Tax Appeal 1323 of 2025) [2026] KETAT 291 (KLR) (7 August 2026) (Judgment)
The Tribunal held that the Appellant was a mixed membership co-operative society consisting of individual and non-individual members, so it could not lawfully be taxed under section 19A(2) alone. The Respondent erred by treating the whole society as a designated co-operative society and issuing an objection decision founded on that misclassification. The correct approach was to sever the income streams and apply section 19A(4) to income attributable to individual members and section 19A(2) to income attributable to non-individual members. Because the assessment and objection decision were bui…
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- Corporation tax
- Paye
- Primary designated co-operative society
- Mixed membership sacco
- Doctrine of mutuality
- Statutory interpretation
In re Estate of Shabanga (Deceased)
In re Estate of Shabanga (Deceased) (Succession Cause 66 of 2021) [2026] KEHC 12653 (KLR) (7 August 2026) (Ruling)
The erroneous naming of the Respondent in the Certificate of Confirmation of Grant was a clerical error correctable under section 74 and Rule 73 without altering the substantive distribution. Because the Respondent’s refusal to sign would frustrate implementation of the confirmed grant, the Court was justified in authorizing the Deputy Registrar to execute the necessary documents and in dispensing with the Respondent’s attendance before the Land Control Board and Land Registrar. The application was therefore merited in full.
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- Rectification of grant
- Certificate of confirmation of grant
- Execution of transfer documents by deputy registrar
- Dispensation with attendance before land control board
- Security for survey and subdivision
Abdallah v Shee
Abdallah v Shee (Environment and Land Case 76 of 2013) [2026] KEELC 5191 (KLR) (7 August 2026) (Ruling)
The court held that the suit did not abate because both parties were alive when the matter was last heard and the plaintiff died only about one and a half months before judgment, which was delivered within one year of death. The court further held that there were no ex parte proceedings since the plaintiff had been given opportunities to be heard but did not attend, and the record showed the suit had been dismissed for non-attendance rather than decided ex parte. No sufficient reason was shown to justify revival or reopening, so the application failed.
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- Abatement of suit
- Substitution of deceased party
- Revival of abated suit
- Setting aside ex parte proceedings
- Functus officio
- Lis pendens
Alufacade Kenya Ltd v Commissioner of Domestic Taxes
Alufacade Kenya Ltd v Commissioner of Domestic Taxes (Tax Appeal E1295 of 2025) [2026] KETAT 317 (KLR) (7 August 2026) (Judgment)
The Tribunal held that the appellant imported goods under HS Code 7005 before the impugned amendment was enacted, that the earlier public notice and legislation had charged HS Code 7007 rather than 7005, and that the respondent admitted a tariff classification error. On that footing, the Tribunal found the respondent’s retrospective demand unjustified, unreasonable, and contrary to the appellant’s legitimate expectation, and therefore set aside the assessment.
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- Retrospective taxation
- Legitimate expectation
- Excise duty classification
- Vat assessment
- Statutory interpretation of fiscal statutes
- Hs code reclassification
Waiganjo & another (As the Administrators of the Estate of David Waiganjo Koinange) v NCBA Bank Kenya PLC & another
Waiganjo & another (As the Administrators of the Estate of David Waiganjo Koinange) v NCBA Bank Kenya PLC & another (Commercial Case E025 of 2025) [2026] KEHC 12608 (KLR) (7 August 2026) (Ruling)
The application failed because the Bank did not establish on the material before the court that the deceased and Ritah Nduku Muthusi held the property in a joint tenancy, and without that foundational fact the estate's lack of interest could not be presumed. The same unresolved factual question defeated the plea of res judicata and abuse of process, since party identity, privity, and same-title issues required evidence and could not be summarily determined. The suit therefore raised triable issues and could not be struck out.
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- Striking out pleadings
- Locus standi
- Res judicata
- Abuse of process
- Joint tenancy versus tenancy in common
- Statutory power of sale
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