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Kenya Case Law

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Civil procedure [2026] KEHC 13409 (KLR)

Felisters Nafula Simiyu v Charles Kuria

The High Court issued interim burial-preservation orders in a dispute over control of the deceased’s funeral arrangements, while reserving the widow-status question for later determination.

  • Interlocutory injunctions
  • Mandatory injunctions
  • Burial dispute
  • Status of surviving spouse
  • Preservation of deceased's body and effects
  • Costs discretion
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Civil procedure [2026] KEHC 13433 (KLR)

Ayiro & another v Ouma

The High Court allowed an ex parte application to transfer two finalized Small Claims Court decrees to the Chief Magistrate’s Court for execution.

  • Transfer of execution proceedings
  • Small claims court jurisdiction over personal injury claims
  • Urgency and ex parte hearing
  • Inherent power of court
  • Protection of vested rights in final judgments
  • Civil-procedure
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Constitutional law [2026] KEHC 13431 (KLR)

Kinyanjui & another v Kenya Power & Lighting Company Ltd & 4 others

The High Court struck out a constitutional petition over an electricity disconnection dispute, holding the matter should first go through EPRA, the Energy Tribunal, police, or EACC where appropriate.

  • Preliminary objection
  • Jurisdiction
  • Doctrine of exhaustion
  • Constitutional avoidance
  • Electricity disconnection
  • Fair administrative action
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Succession law [2026] KEHC 13439 (KLR)

In re Estate of Hanna Mudavadi alias Hannah Atsianzale Mudavadi (Deceased)

The High Court allowed amendments to the succession petition, corrected the beneficiary and asset schedule, and issued an amended certificate of confirmation of grant.

  • Amendment of pleadings
  • Rectification of grant
  • Confirmation of grant
  • Administrator substitution
  • Correction of beneficiary and asset schedule
  • Judicial discretion
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Succession law [2026] KEHC 13414 (KLR)

In re the Estate of the Late Rosebella Mudavadi alias Rosebella Jerono Mudavadi

The High Court at Vihiga gave effect to a consent in succession proceedings, revoking one administrator’s appointment and appointing the objector as co-administrator.

  • Objection to grant
  • Consent judgment/order
  • Revocation of grant
  • Appointment of administrator
  • Estate distribution
  • Administrator substitution
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Land law [2026] KEELC 5395 (KLR)

Julius Ndiritu Wambugu (suing as legal representatives of the estate of William Wambugu Kiiru) v Fredrick Mbui Wanjau & 2 others

The court held that the plaintiff proved unlawful transfer of Nakuru/Langa Langa Block 1/196 and granted injunction, declarations, and rectification of the register.

  • Title to land
  • Fraudulent transfer
  • Rectification of register
  • Permanent injunction
  • Burden of proof in undefended suits
  • Estate representation
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Property law [2026] KEELC 5405 (KLR)

Charles Gachugu Muchiri v Orbit Chemical Industries Ltd

The court dismissed an adverse possession claim over Nairobi/Block 263/1105 and 1106, holding time did not run for 12 years after prior litigation and a 2006 eviction judgment.

  • Adverse possession
  • Limitation of actions
  • Trespass
  • Title extinguishment
  • Lis pendens
  • Eviction orders
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Public procurement [2026] KEHC 13428 (KLR)

Republic v Public Procurement Administrative Review Board & 3 others; Comprehensive Development Ltd (Ex parte)

The High Court dismissed a judicial review challenge to a procurement review decision that ordered further due diligence on a manufacturer’s authority under the tender documents.

  • Tender evaluation
  • Due diligence under section 83
  • Powers of the public procurement administrative review board
  • Certiorari and prohibition
  • Undisclosed evaluation criteria
  • Manufacturer authorization and warranty documents
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Environment and land law [2026] KEELC 5397 (KLR)

Joseph Kipruto Koech v Ann Chepleting Tarus

The court allowed a transfer application, holding that the magistrate’s court lacked jurisdiction over the adverse possession claim and the suit should proceed in the Environment and Land Court.

  • Adverse possession
  • Transfer of suit
  • Magistrates' court jurisdiction
  • Environment and land court jurisdiction
  • Fair hearing and expeditious disposal
  • Adverse-possession
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Administrative law [2026] KEHC 13440 (KLR)

KTC (Minor suing through father and next friend VK) & 3 others v Principal, SHG High School & another

The High Court quashed the suspension of four minor learners from SHG High School, holding that suspending all 15 learners present at the dispensary was collective punishment.

  • Suspension of learners
  • Fair administrative action
  • Natural justice
  • Reasonableness review
  • School disciplinary process
  • Collective punishment
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