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Civil procedure [2026] SCC 191 (KLR)

Mwangi v Top Rides Motors Ltd

Mwangi v Top Rides Motors Ltd (Commercial Case E7159 of 2025) [2026] SCC 191 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Commercial Case E7159 of 2025
Judge
["GW Kiamah"]

The claimant proved on a balance of probabilities that the respondent, as agent and custodian of the vehicle, breached its duty to keep the vehicle safely, and that damage occurred while the vehicle was in its custody. However, the claimant only proved actual engine purchase expenses of Kshs. 650,000, not the pleaded Kshs. 800,000, so the award was limited to the proven loss plus towing charges.

Source excerpt

  • Burden and standard of proof
  • Liability of agent in custody of property
  • Damage to motor vehicle while in custody
  • Proof of special damages
  • Interest and costs
  • Stay of execution
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Employment law [2026] KEMC 704 (KLR)

Wambua v China Road & Bridge Corporation (CRBC)

Wambua v China Road & Bridge Corporation (CRBC) (Civil Case 295 of 2017) [2026] KEMC 704 (KLR) (7 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case 295 of 2017
Judge
["YA Shikanda"]

The plaintiff established a prima facie case of employment and accident, while the defendant failed to rebut it with employment or injury records that were within its control. The court found the plaintiff was on duty and injured in the course of employment, rejected the defence of volenti non fit injuria for lack of proof, held the defendant 100% liable, and awarded damages based on the proved single soft tissue injury and strict proof of special damages.

Source excerpt

  • Industrial accident
  • Employer liability
  • Negligence
  • Duty of care
  • Volenti non fit injuria
  • Burden of proof
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Constitutional law [2026] KEHC 12656 (KLR)

Mackenzie v Officer in Charge, Shimo La Tewa Maximum Security Prison

Mackenzie v Officer in Charge, Shimo La Tewa Maximum Security Prison (Petition E039 of 2025) [2026] KEHC 12656 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Petition E039 of 2025
Judge
["J Ngaah"]

The applicant failed to establish a prima facie case showing that the segregation and prison conditions complained of amounted to torture or inhuman treatment, and failed to demonstrate imminent irreparable harm or nugatory prejudice. The respondent showed a lawful security basis for segregation under the Prisons Act, and the public interest favored maintaining prison security rather than granting orders that would, in substance, determine the petition at an interlocutory stage.

Source excerpt

  • Conservatory orders
  • Torture and cruel, inhuman or degrading treatment
  • Segregation of detainees
  • Fair administrative action
  • Prison security and high-risk classification
  • Transfer of prisoners
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Succession law [2026] KEHC 12857 (KLR)

In re Estate of Thanga (Deceased)

In re Estate of Thanga (Deceased) (Succession Cause 73 of 2017) [2026] KEHC 12857 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Succession Cause 73 of 2017
Judge
["JN Onyiego"]

The Respondent’s summons of 22/09/2025 was res judicata because it centered on the same land, the same ownership claim through her late husband, and the same substantive dispute already determined in prior competent proceedings. The court held that the parties were litigating under the same title through successive representatives of the late Eliud Mwania Mbune, and that the High Court had jurisdiction over the succession application but not as a forum to reopen land ownership claims, which belong in the Environment and Land Court. The court also held that the limited grant conferred locus st…

Source excerpt

  • Res judicata
  • Locus standi
  • Limited grant of representation
  • Revocation of grant
  • Injunctive relief over land
  • Succession disputes involving alleged purchasers
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Civil procedure [2026] SCC 193 (KLR)

Wairimu v Kinyanjui t/a Githembe General Stores (Claim E106398 of 2025)

Wairimu v Kinyanjui t/a Githembe General Stores (Claim E106398 of 2025) [2026] SCC 193 (KLR) (7 August 2026) (Judgment)

Court
Small Claims Court
Case number
Claim E106398 of 2025
Judge
["GW Kiamah"]

The claimant proved that the respondent had separately acknowledged indebtedness to him through the memorandum of understanding, delivery evidence, and cheques issued in the claimant’s favour that were dishonoured or only partly paid. The respondent did not prove that the alleged additional payments discharged the specific debt sued upon, and the related suit by John Kimani Thuku did not bar this distinct claim. Judgment therefore followed for the outstanding balance.

Source excerpt

  • Balance of probabilities
  • Burden of proof
  • Dishonoured cheques
  • Admission of liability by cheque issuance
  • Subcontract payment dispute
  • Res judicata argument rejected
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Civil procedure [2026] KEHC 12825 (KLR)

Mulwa & another v Munyoki

Mulwa & another v Munyoki (Commercial Appeal 294 of 2025) [2026] KEHC 12825 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court
High Court
Case number
Commercial Appeal 294 of 2025
Judge
["JWW Mong'are"]

The Appellants satisfied the threshold for stay of execution: the application was filed without unreasonable delay, substantial loss was established because the decretal sum was significant and the Respondent failed to prove his alleged means to refund the money, and the Appellants indicated willingness to comply with security conditions. Stay was therefore granted on terms to protect both sides.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Delay in filing application
  • Refundability of decretal sum
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Advocates’ remuneration [2026] KEHC 12771 (KLR)

Onyinkwa & Onyinkwa t/a Onyinkwa Co Advocates v Monarch Insurance Co Ltd

Onyinkwa & Onyinkwa t/a Onyinkwa Co Advocates v Monarch Insurance Co Ltd (Miscellaneous Civil Application E051 of 2025) [2026] KEHC 12771 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Civil Application E051 of 2025
Judge
["RN Nyakundi"]

The Court held that it had jurisdiction under Paragraph 11(4) of the Advocates (Remuneration) Order to enlarge time, and that the Client had shown sufficient cause because the delay was short and the ruling disclosed an arguable arithmetical discrepancy. However, the Court refused to determine the merits of the taxed amount within the enlargement application because the proper objection-and-reference procedure had not run its course and the record was incomplete.

Source excerpt

  • Extension of time under paragraph 11 of the advocates (remuneration) order
  • Notice of objection to taxation
  • Arithmetical error in taxed costs
  • Prematurity of correction/variation prayers
  • Certificate of taxation and enforcement
  • Sufficient cause for extension of time
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Civil procedure [2026] KEHC 12746 (KLR)

Hanjari v Chief Finance Officer, County Government of Mombasa (Application E009 of 1000)

Hanjari v Chief Finance Officer, County Government of Mombasa (Application E009 of 1000) [2026] KEHC 12746 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Application E009 of 1000
Judge
["J Ngaah"]

The application failed because neither the decree nor the certificate of order carried a penal notice, personal service of the operative order on the Chief Finance Officer was not reliably proved, and wilful disobedience was therefore not established to the required criminal standard. Without those prerequisites, committal to civil jail could not lawfully issue.

Source excerpt

  • Civil contempt
  • Penal notice
  • Personal service
  • Wilful disobedience
  • Order of mandamus
  • County government decree enforcement
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Civil procedure [2026] KEHC 12691 (KLR)

Transmax Printing Technology Limited (Formerly Knwon as Real Printing Technology Limited) v Graphic Vision Limited (Small Claims Appeal E001 of 2025)

Transmax Printing Technology Limited (Formerly Knwon as Real Printing Technology Limited) v Graphic Vision Limited (Small Claims Appeal E001 of 2025) [2026] KEHC 12691 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Small Claims Appeal E001 of 2025
Judge
["J Ngaah"]

The applicant satisfied the delay and security requirements, and showed a real risk of loss because the decree involved reciprocal restitution of money against return of a used machine that would be difficult to restore to its former condition. Stay was therefore justified, but only on the condition that the entire decretal sum be deposited as security within 30 days.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Reciprocal restitution
  • Small claims court appeal
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Tax law [2026] KETAT 284 (KLR)

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 E1138 of 2025) [2026] KETAT 284 (KLR) (7 August 2026) (Judgment)

Court
Tax Appeal Tribunal
Case number
Tax Appeal E1138 of 2025
Judge
["RO Oluoch", "Cynthia B. Mayaka", "E Komolo", "AM Diriye"]

The Tribunal held that the Appellant is a mixed-membership co-operative society, not a pure designated society, and that its income must be severed for tax treatment: income attributable to non-individual members falls under section 19A(2) while income attributable to individual primary members falls under section 19A(4). By applying section 19A(2) across the board, the Respondent misclassified the Appellant and issued an objection decision founded on an erroneous tax premise, rendering the decision unjustified.

Source excerpt

  • Corporation tax
  • Income tax act section 19a
  • Designated primary society
  • Mixed membership sacco taxation
  • Doctrine of mutuality
  • Burden of proof in tax appeals
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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.