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Civil procedure [2026] KEELC 5173 (KLR)

Mandu v Njeri & 3 others

Mandu v Njeri & 3 others (Environment and Land Appeal E120 of 2026) [2026] KEELC 5173 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E120 of 2026
Judge
["MN Kullow"]

The court found that the impugned tribunal orders were issued in error because the affected matter had already been consolidated into a different lead file, so the Applicant had shown an arguable appeal. The court also held that execution against household goods would occasion substantial loss because sale of the goods before appeal would deprive the Appellant of part of her livelihood and render the appeal nugatory. On that basis, the court granted stay and ancillary protective orders pending appeal.

Source excerpt

  • Consolidation of proceedings
  • Jurisdiction of tribunal
  • Ex parte orders
  • Substantial loss
  • Preservation of substratum pending appeal
  • Distress for rent
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Civil procedure [2026] KEELC 5228 (KLR)

Credit Bank Limited v Kangethe & 2 others

Credit Bank Limited v Kangethe & 2 others (Environment and Land Case 297 of 2018) [2026] KEELC 5228 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 297 of 2018
Judge
["MN Kullow"]

Because the amended plaint had abandoned land-title and land-use issues and was now a commercial debt recovery dispute, the Environment and Land Court lacked jurisdiction. A suit filed without jurisdiction is a nullity and cannot be transferred to the High Court; the proper course is to strike it out.

Source excerpt

  • Preliminary objection
  • Transfer of suits
  • Want of jurisdiction
  • Amended plaint
  • Debt recovery claim
  • Forum competence
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Civil procedure [2026] KEELC 5301 (KLR)

Erinpet Enterprises Ltd v Equity Bank (Kenya) Ltd & 2 others

Erinpet Enterprises Ltd v Equity Bank (Kenya) Ltd & 2 others (Environment and Land Case 21 of 2022) [2026] KEELC 5301 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 21 of 2022
Judge
["EK Makori"]

The suit arose from a loan facility secured by charged land and the dispute was therefore commercial, not one concerning title, use, occupation, or protection of land. The Environment and Land Court lacked jurisdiction and had to strike out the suit.

Source excerpt

  • Charged land
  • Loan recovery
  • Auction of security
  • Elc jurisdiction
  • High court jurisdiction
  • Striking out suit
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Criminal law [2026] KEHC 12579 (KLR)

Arati v Republic

Arati v Republic (Criminal Appeal E044 of 2025) [2026] KEHC 12579 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E044 of 2025
Judge
["FN Kyambia"]

The appeal failed because the prosecution evidence, including the complainant’s partial admissions, recordings, transcripts, treated money, arrest circumstances, and forensic corroboration, sufficiently proved that the appellant solicited and received a bribe while acting as a police officer; the hostile recantation did not erase the complaint or the corroborated evidence, the electronic evidence met statutory requirements, there was no entrapment, and the defence did not rebut the prosecution case.

Source excerpt

  • Receiving a bribe
  • Hostile witness evidence
  • Electronic evidence admissibility
  • Entrapment
  • Burden of proof
  • First appellate re-evaluation
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Civil procedure [2026] KEHC 12794 (KLR)

Impala Shuttle Limited v Impala Shuttle (EA) Ltd

Impala Shuttle Limited v Impala Shuttle (EA) Ltd (Civil Case E153 of 2025) [2026] KEHC 12794 (KLR) (Commercial and Tax) (6 August 2026) (Ruling)

Court
High Court
Case number
Civil Case E153 of 2025
Judge
["RC Rutto"]

The Applicant failed to prove, to the elevated standard required in contempt proceedings, that the Respondent willfully disobeyed the orders of 6th March 2026. The evidence showed initial use of the impugned branding shortly after the ruling, but later photographs demonstrated that the Respondent had rebranded to 'Impala Connection E.A.' The injunction restrained use of 'Impala Shuttle' and did not prohibit every business name containing the word 'Impala'; any remaining confusion or infringement would require separate substantive relief, not contempt enforcement.

Source excerpt

  • Enforcement of court orders
  • Contempt threshold and proof
  • Knowledge of court orders
  • Willful disobedience
  • Trade mark use and rebranding
  • Injunction scope and interpretation
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Criminal law [2026] KEMC 432 (KLR)

Republic v Wekesa

Republic v Wekesa (Criminal Case E651 of 2025) [2026] KEMC 432 (KLR) (6 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Criminal Case E651 of 2025
Judge
["AZ Ogange"]

The prosecution proved only suspicious circumstances: arrest at night, possession of a knife, manila sack, carrier bag and earphones, and an explanation the court found questionable. It did not prove any overt act, targeted victim, attempted entry, or other conduct demonstrating that the accused had embarked on preparation to commit theft or any other felony. The knife and bags were equally capable of innocent agricultural use. The charge therefore failed beyond reasonable doubt and the accused was acquitted under section 215 of the Criminal Procedure Code.

Source excerpt

  • Preparation to commit a felony
  • Section 308 penal code
  • Acquittal for failure to prove overt act
  • Burden and standard of proof
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Civil procedure [2026] KEHC 12824 (KLR)

Embakasi Ranching Company Limited v Registrar of Companies & 14 others

Embakasi Ranching Company Limited v Registrar of Companies & 14 others (Civil Suit E096 of 2019) [2026] KEHC 12824 (KLR) (Commercial and Tax) (6 August 2026) (Ruling)

Court
High Court
Case number
Civil Suit E096 of 2019
Judge
["RC Rutto"]

The Applicants failed to prove any nexus between the alleged fraudulent consent orders of 29 April 2019 and the court’s independent status quo orders of 30 July 2019, and they also failed to dislodge the Plaintiff’s board resolution as valid corporate authority. The motion therefore had no merit and was dismissed.

Source excerpt

  • Setting aside orders for fraud
  • Corporate authority to institute suit
  • Status quo/interlocutory orders
  • Mootness
  • Ratification of corporate proceedings
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Constitutional law [2026] KEHC 12717 (KLR)

Opondo v Director of Public Prosecutions & 2 others

Opondo v Director of Public Prosecutions & 2 others (Petition E013 of 2026) [2026] KEHC 12717 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Petition E013 of 2026
Judge
["DR Kavedza"]

The petitioner proved on a balance of probabilities that he was discharged, had no prior conviction, and that the respondents unlawfully retained and disclosed his fingerprints and personal data. That retention was mandatory-breach under section 55(4) of the National Police Service Act and the continued appearance of the discharged offence in the Police Clearance Certificate was misleading and violative of his constitutional rights. The petition therefore succeeded, though costs were left to each party because the petitioner did not first demand deletion before filing suit.

Source excerpt

  • Retention of fingerprints and criminal records
  • Police clearance certificate
  • Expungement of criminal records
  • Rights to equality, dignity, information, privacy and fair labour practices
  • Discharge under section 35 of the penal code
  • Section 55(4) of the national police service act
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Civil procedure [2026] KEELC 5213 (KLR)

Kihara v Gituma t/a Dona Snacks & 2 others

Kihara v Gituma t/a Dona Snacks & 2 others (Environment and Land Case 1190 of 2013) [2026] KEELC 5213 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 1190 of 2013
Judge
["JG Kemei"]

The Applicant satisfied the statutory conditions for stay pending appeal: it raised a reasonable fear of substantial loss because the Respondent did not prove means to refund the decretal sum, the delay was explained by the taxation proceedings and was not inordinate, and the Applicant offered security. The Court therefore granted stay on strict security terms.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Delay in filing application
  • Security for due performance
  • Execution of decree
  • Taxation of costs
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Civil procedure [2026] KEELC 5193 (KLR)

Ngungi & another v Kanyi & 5 others

Ngungi & another v Kanyi & 5 others (Environment and Land Judicial Review Case E073 of 2025) [2026] KEELC 5193 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Judicial Review Case E073 of 2025
Judge
["MN Kullow"]

The application failed because the judicial review proceedings concerned the legality and procedural propriety of the administrative decision dated 7th August 2025, while the other suits concerned ownership, title, trespass, and adverse possession over the property. The issues and remedies were different, there was no substantial overlap, and a determination in this suit would not directly affect the earlier matters; therefore Section 6 of the Civil Procedure Act did not apply.

Source excerpt

  • Sub judice
  • Section 6 civil procedure act
  • Parallel litigation
  • Administrative law remedies
  • Certiorari
  • Prohibition
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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.