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Kenya Case Law

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Arbitration [2026] KEHC 12782 (KLR)

Kenya Airline Pilots Investment Ltd v Kayahwe Lane Ltd

Kenya Airline Pilots Investment Ltd v Kayahwe Lane Ltd (Miscellaneous Application E043 of 2025) [2026] KEHC 12782 (KLR) (Commercial and Tax) (6 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E043 of 2025
Judge
["RC Rutto"]

The Applicant proved compliance with Section 36(3) by filing certified copies of the award and arbitration agreements, and the Respondent failed to establish any ground under Section 37 to resist enforcement. The prior challenge to the arbitrator did not result in any order removing him or invalidating the proceedings, and the alleged delay in delivering the award, without demonstrated prejudice or specific public policy conflict, was insufficient to defeat enforcement. The award was therefore recognized and adopted as a judgment of the Court.

Source excerpt

  • Recognition and enforcement of arbitral award
  • Section 36 arbitration act
  • Section 37 arbitration act
  • Public policy objection
  • Finality of arbitration
  • Arbitrator delay
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Succession law [2026] KEHC 12695 (KLR)

In re Estate of Lagat (Deceased)

In re Estate of Lagat (Deceased) (Succession Cause E124 of 2025) [2026] KEHC 12695 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Succession Cause E124 of 2025
Judge
["RN Nyakundi"]

The deceased’s estate was that of a polygamous family, so section 40 of the Law of Succession Act applied. However, given the evidence that some beneficiaries had been excluded and the need to avoid discrimination, the court held that the residual estate should be divided equally among the beneficiaries as units. The Deputy Registrar was directed to extract a scheme of distribution on that basis.

Source excerpt

  • Intestate succession
  • Polygamous family distribution
  • Confirmation of grant before six months
  • House-based distribution under section 40
  • Equality and non-discrimination in inheritance
  • Protest to confirmation of grant
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Civil procedure [2026] KEHC 12768 (KLR)

Olendo v Ingasia

Olendo v Ingasia (Civil Appeal E065 of 2024) [2026] KEHC 12768 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E065 of 2024
Judge
["RN Nyakundi"]

The trial court’s award of Kshs. 120,000 was an erroneous estimate because it failed to adequately reflect the multiplicity of soft tissue injuries across several body regions and the current trend in comparable awards. However, the appellant’s proposed Kshs. 350,000 was excessive for the injuries proved. A fair award was Kshs. 250,000, so the appellate court interfered and substituted the lower award.

Source excerpt

  • Quantum of damages
  • General damages
  • Soft tissue injuries
  • Interference with trial court award
  • Comparable awards
  • First appeal re-evaluation
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Civil procedure [2026] KEHC 12780 (KLR)

SBM Bank Kenya Ltd v Harvey Holdings Ltd & 6 others

SBM Bank Kenya Ltd v Harvey Holdings Ltd & 6 others (Civil Case E477 of 2025) [2026] KEHC 12780 (KLR) (Commercial and Tax) (6 August 2026) (Ruling)

Court
High Court
Case number
Civil Case E477 of 2025
Judge
["RC Rutto"]

The court held that the disputed 27 October 2022 letter and related correspondence could be admitted for purposes of determining whether settlement negotiations and acknowledgment of indebtedness occurred, but that their legal effect on limitation could not be decided at interlocutory stage. Because limitation turned on disputed factual matters, the alleged time bar was not a pure point of law and could not sustain a preliminary objection. The lack of an exhibited board resolution did not render the application incompetent in the circumstances.

Source excerpt

  • Without prejudice privilege
  • Admissibility of settlement correspondence
  • Acknowledgment of debt
  • Limitation period
  • Preliminary objection
  • Authority to swear affidavit
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Civil procedure [2026] KEELC 5218 (KLR)

Wega Holdings Limited v Murigu & another

Wega Holdings Limited v Murigu & another (Environment and Land Case E215 of 2026) [2026] KEELC 5218 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E215 of 2026
Judge
["MN Kullow"]

The court found the proposed interested party was a necessary party because the injunctions already issued directly affected his occupation and the record showed parallel litigation concerning the same property. However, the applicant did not demonstrate an error apparent on the face of the record or any other ground sufficient for review, so the ex parte orders were left intact.

Source excerpt

  • Interested party joinder
  • Order 1 rule 10(2) civil procedure rules
  • Section 80 civil procedure act
  • Order 45 rule 1 civil procedure rules
  • Setting aside ex parte orders
  • Prima facie case and irreparable harm
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Civil procedure [2026] KEELC 5233 (KLR)

Ndungu & another v Nyairo

Ndungu & another v Nyairo (Environment and Land Appeal E019 of 2026) [2026] KEELC 5233 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E019 of 2026
Judge
["MN Kullow"]

The Applicants failed to meet the cumulative requirements for stay of execution because, although the motion was filed timeously, they did not demonstrate substantial loss and did not offer security for due performance; the requirements under Order 42 Rule 6 are conjunctive and all must be satisfied.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Delay in filing application
  • Conjunctive statutory requirements under order 42 rule 6
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Land law [2026] KEMC 602 (KLR)

Sudi v Khaemba

Sudi v Khaemba (Environment and Land Miscellaneous Case E012 of 2025) [2026] KEMC 602 (KLR) (6 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Miscellaneous Case E012 of 2025
Judge
["TO Omono"]

The court found that the Defendant was one of the deceased’s widows, that the suit property originated as family land and was held for the benefit of the deceased’s family, and that the Defendant satisfied the elements of a customary trust. On that basis, the Plaintiff’s registered title was subject to the Defendant’s beneficial interest, making eviction unavailable.

Source excerpt

  • Eviction
  • Customary trust
  • Validity and root of title
  • Presumption of marriage
  • Polygamy and statutory marriage
  • Costs
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Civil procedure [2026] KEELC 5163 (KLR)

Ufundi Savings & Credit Cooperative Society Ltd v Obara & 190 others

Ufundi Savings & Credit Cooperative Society Ltd v Obara & 190 others (Environment and Land Appeal 37 of 2014) [2026] KEELC 5163 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal 37 of 2014
Judge
["JG Kemei"]

The court granted leave to counsel to come on record, but dismissed the substantive motion because the applicant’s allegations that the appellant was defunct and unable to implement the judgment were unsupported by evidence, while the judgment itself had not been varied, appealed, or reviewed; the court found no basis to order fresh execution by private treaty.

Source excerpt

  • Execution of judgment
  • Locus standi
  • Leave to come on record
  • Functus officio
  • Private treaty sale
  • Compliance with judgment
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Civil procedure [2026] KEHC 12575 (KLR)

General Cargo Services Ltd v Khanjila & Monyani (Suing on Behalf of the Estate of Rasto Daudi Hoidi) & another

General Cargo Services Ltd v Khanjila & Monyani (Suing on Behalf of the Estate of Rasto Daudi Hoidi) & another (Civil Appeal E026 of 2025) [2026] KEHC 12575 (KLR) (6 August 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E026 of 2025
Judge
["FN Kyambia"]

The appeal failed because dependency was proved on a balance of probabilities through the respondent’s evidence and the chief’s letter; the deceased’s earnings were not proved, so the trial court correctly used the global sum method; the award of Kshs. 1,000,000 was not shown to be manifestly excessive; and the trial court properly took the Law Reform Act award into account without deducting it from the Fatal Accidents Act award.

Source excerpt

  • Assessment of damages
  • Loss of dependency
  • Fatal accidents act
  • Law reform act
  • Appellate interference with damages
  • Global sum versus multiplier method
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Advocates’ remuneration [2026] KEHC 12726 (KLR)

Wicoff Ltd & 2 others v Laichena t/a Laichena Mugambi & Ayieko Advocates LLP

Wicoff Ltd & 2 others v Laichena t/a Laichena Mugambi & Ayieko Advocates LLP (Miscellaneous Application E063 of 2026) [2026] KEHC 12726 (KLR) (6 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E063 of 2026
Judge
["WM Musyoka"]

The court held that the taxing officer erred in principle by treating folios as pages and by applying the lower scale to attendances. It also found that getting-up fees were earned because the underlying proceedings were contentious and prepared for determination. However, it upheld the taxation on instruction fees, copies and filing-related items where no error was shown. The bill was remitted for re-taxation on the affected items only.

Source excerpt

  • Reference from taxation
  • Instruction fees
  • Getting-up fees
  • Folio calculation
  • Attendances on taxation
  • Copies and disbursements
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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.