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Civil procedure [2026] KEHC 12713 (KLR)

Prestige Bus Company Ltd & another v Omondi

Prestige Bus Company Ltd & another v Omondi (Civil Appeal E004 of 2025) [2026] KEHC 12713 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E004 of 2025
Judge
["RN Nyakundi"]

The Respondent proved on a balance of probabilities that he was in the bus and was injured, through his sworn testimony, the police abstract produced by PW3, and contemporaneous hospital records. The Appellants did not plead or strictly prove fraud, failed to produce the Occurrence Book, and relied on an untested letter from a non-testifying officer. Liability at 100% was properly found under res ipsa loquitur because the bus overturned without any credible non-negligent explanation. The award of Kshs. 250,000 for soft tissue injuries and one dislocation fell within a defensible range and did…

Source excerpt

  • Negligence
  • Res ipsa loquitur
  • Burden and standard of proof
  • Fraud pleading and proof
  • Occurrence book evidence
  • General damages assessment
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Criminal law [2026] KEHC 12580 (KLR)

Towett v Republic

Towett v Republic (Criminal Appeal E010 of 2026) [2026] KEHC 12580 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E010 of 2026
Judge
["JK Ng'arng'ar"]

The appellate court found the trial sentence harsh in light of the appellant’s mitigation and the prior conviction, but held that the sentence could be interfered with on appeal and substituted it with a less severe monetary penalty within the statutory range.

Source excerpt

  • Appeal against sentence
  • Discretion of trial court on sentence
  • Habitual offender
  • Alcoholic drinks control act
  • Plea of guilty
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Civil procedure [2026] KEELC 5246 (KLR)

Kenya National Highways Authority v Sheikh and Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others (Land Case Appeal E192 of 2025)

Kenya National Highways Authority v Sheikh and Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others (Land Case Appeal E192 of 2025) [2026] KEELC 5246 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Land Case Appeal E192 of 2025
Judge
["MN Kullow"]

The applicants failed to demonstrate any identifiable, subsisting legal right or sufficient interest in the suit property capable of making them necessary or proper parties to the appeal. Their adverse possession claim had already been dismissed in ELC No. 102 of 2008, leaving no grey area requiring their participation. The appeal could be effectively determined without them, so joinder was unwarranted.

Source excerpt

  • Joinder of parties
  • Interested party threshold
  • Necessary and proper party
  • Adverse possession
  • Res judicata
  • Appeal proceedings
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Criminal law [2026] KEHC 12536 (KLR)

KKM alias K v Republic

KKM alias K v Republic (Criminal Appeal E091 of 2025) [2026] KEHC 12536 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E091 of 2025
Judge
["FN Kyambia"]

[2026] KEHC 12536 (KLR)

Source excerpt

  • Appeal
  • Judgment
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Civil procedure [2026] KEHC 12778 (KLR)

Mican Foods Ltd & 2 others v ABSA Bank Kenya PLC

Mican Foods Ltd & 2 others v ABSA Bank Kenya PLC (Civil Case E761 of 2025) [2026] KEHC 12778 (KLR) (Commercial and Tax) (6 August 2026) (Ruling)

Court
High Court
Case number
Civil Case E761 of 2025
Judge
["RC Rutto"]

The motion sought injunctions only pending hearing and determination of the application itself, and by the time the ruling was delivered that period had expired. The prayers were therefore spent, moot, and incapable of producing any effective remedy. The court accordingly declined to assess the merits and struck out the application as overtaken by events.

Source excerpt

  • Interlocutory injunction
  • Statutory power of sale
  • Loan facility dispute
  • Interest variation
  • Mootness/spent prayers
  • Private treaty sale
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Civil procedure [2026] KEHC 12576 (KLR)

Charo v Mwaphatsa

Charo v Mwaphatsa (Civil Appeal E153 of 2023) [2026] KEHC 12576 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E153 of 2023
Judge
["J Ngaah"]

The appellant did not meet the strict threshold for review. The alleged discrepancy in vehicle registration emerged during trial and could have been investigated and proved earlier with due diligence, so the post-judgment search was not new and important evidence. The attack on ownership, registration, and liability challenged the merits of the original judgment and was therefore a matter for appeal, not review. The absence of a replying affidavit did not relieve the appellant of the burden to satisfy the statutory requirements. The magistrate therefore correctly dismissed the review applicat…

Source excerpt

  • Review of judgment
  • Order 45 rule 1 civil procedure rules
  • Section 80 civil procedure act
  • New and important evidence
  • Error apparent on the face of the record
  • Delay in filing review
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Criminal law [2026] KEHC 12818 (KLR)

Republic v Ndemwa

Republic v Ndemwa (Criminal Case E004 of 2021) [2026] KEHC 12818 (KLR) (6 August 2026) (Sentence)

Court
High Court
Case number
Criminal Case E004 of 2021
Judge
["RC Rutto"]

The court held that the absence of a pre-sentence report did not prevent sentencing because such reports are advisory only. After balancing the brutal strangulation of an elderly vulnerable victim, concealment of the body, and the need for deterrence, denunciation, retribution, rehabilitation and community protection against the accused’s youth, first-offender status and limited mitigation, the court imposed a substantial custodial sentence of 30 years, with credit for time spent in custody.

Source excerpt

  • Murder
  • Mitigation
  • Aggravating factors
  • Pre-sentence report
  • Custodial sentence
  • Section 333(2) credit for time spent in custody
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Succession law [2026] KEHC 12680 (KLR)

In re Estate of Kadambi alias Jamin Inanda (Deceased)

In re Estate of Kadambi alias Jamin Inanda (Deceased) (Succession Cause 116 of 2021) [2026] KEHC 12680 (KLR) (6 August 2026) (Ruling)

Court
High Court
Case number
Succession Cause 116 of 2021
Judge
["RN Nyakundi"]

The court found that the misdescription of the deceased petitioner was a clear, self-evident factual error arising from an accidental interchange of names, capable of correction by review. The correction did not alter the substantive outcome on confirmation of grant, so the application satisfied Order 45 Rule 1 and was allowed.

Source excerpt

  • Review of judgment/order
  • Error apparent on the face of the record
  • Correction of clerical/factual mistake
  • Inherent jurisdiction
  • Confirmation of grant
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Land law [2026] KEELC 5234 (KLR)

Shivji & another v Land Registrar Narok & 3 others

Shivji & another v Land Registrar Narok & 3 others (Environment and Land Case E015 of 2023) [2026] KEELC 5234 (KLR) (6 August 2026) (Judgment)

Court
Environment and Land Court
Case number
Environment and Land Case E015 of 2023
Judge
["LN Gacheru"]

The Court held that the Plaintiffs proved a lawful purchase, registration, and possession of the suit property, and the Defendants failed to adduce cogent evidence establishing fraud, illegality, or procedural impropriety sufficient to impeach the title. The Court further held that the Land Registrar’s cancellation and re-registration in favour of the late Kashu Lepore violated Articles 40 and 47 because the purported decree was not shown to specifically cover the Plaintiffs’ parcel and no notice or hearing was afforded. The title was therefore restored to the Plaintiffs and the register was…

Source excerpt

  • Indefeasible title
  • Rectification of register
  • Cancellation of title deed
  • Fair administrative action
  • Right to property
  • Burden and standard of proof
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Criminal law [2026] KEHC 12804 (KLR)

Kionge v Republic

Kionge v Republic (Criminal Appeal E065 of 2025) [2026] KEHC 12804 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Criminal Appeal E065 of 2025
Judge
["WN Molonko"]

[2026] KEHC 12804 (KLR)

Source excerpt

  • Appeal
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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.