Kenya Case Law

Rewot Africa Communications Ltd v Tikoo & Company Ltd & another

Rewot Africa Communications Ltd v Tikoo & Company Ltd & another (Environment and Land Appeal E119 of 2026) [2026] KEELC 5247 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E119 of 2026

Judge

["MN Kullow"]

The Applicant failed to prove any new facts or evidence to justify departure from the earlier finding that there was no prima facie case, no irreparable harm, and no basis for injunction; the dispute remained about rent arrears and distress for rent. The Applicant also failed to demonstrate substantial loss or furnish security for due performance under Order 42 Rule 6. The application was therefore dismissed.

Source excerpt

• Distress for rent
• Prima facie case
• Substantial loss
• Security for due performance
• Status quo orders
• Sub judice

Wanjiru (Suing in his Capacity as the Personal Representaive of the Estate of Harrison Waweru Kimengere - Deceased) v Wachira & 2 others

Wanjiru (Suing in his Capacity as the Personal Representaive of the Estate of Harrison Waweru Kimengere - Deceased) v Wachira & 2 others (Environment and Land Case E335 of 2021) [2026] KEELC 5142 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E335 of 2021

Judge

["JG Kemei"]

The court held that although post-judgment change of advocate was procedurally permissible and leave was granted, the applicant failed to demonstrate any legal basis for review, setting aside, or reopening of the case because the alleged documents were within her and her counsel’s custody, there was no satisfactory proof of new and important evidence or error apparent on the record, and the application was in substance an attempt to re-litigate the matter.

Source excerpt

• Change of advocate post-judgment
• Review of judgment
• Setting aside judgment
• New and important evidence
• Costs
• Amendment of pleadings

Flying Japan Ltd v Ombwende Engineering Works Ltd & another

Flying Japan Ltd v Ombwende Engineering Works Ltd & another (Civil Appeal E050 of 2025) [2026] KEHC 12767 (KLR) (6 August 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E050 of 2025

Judge

["RN Nyakundi"]

The trial court erred by failing to address the pleaded loss of user claim. The claim was properly before the court, but loss of user is a special damage claim limited to the reasonable repair period and proved net loss. On the evidence, the reasonable period was 10 days and the proved net daily loss was Kshs 3,000, yielding Kshs 30,000. The appellate court therefore varied the judgment to add that sum rather than remit the matter.

Source excerpt

• First appeal
• Loss of user
• Special damages
• Pleading and proof
• Appellate interference with omission
• Quantum assessment

Jilao Company Ltd v Fahari Trading Ltd & another

Jilao Company Ltd v Fahari Trading Ltd & another (Civil Case 160 of 2015) [2026] KEHC 12668 (KLR) (6 August 2026) (Ruling)

Court

High Court

Case number

Civil Case 160 of 2015

Judge

["J Ngaah"]

The court held that the unsatisfied decree and uncontroverted evidence of failed execution justified an order under Order 22 rule 35 for the oral examination of the company’s officers and production of the company’s records. However, the rule does not authorize production of officers’ personal bank statements, personal liability orders, committal sanctions, or preservative orders over property found to belong to an officer rather than the company, absent a proper veil-piercing determination on evidence.

Source excerpt

• Order 22 rule 35 examination of judgment debtor
• Execution of unsatisfied money decree
• Production of company records
• Corporate veil
• Personal liability of company officers
• Preservative relief over attached property

Kariobangi South Land Owners Group & 265 others v Nairobi City County & 8 others

Kariobangi South Land Owners Group & 265 others v Nairobi City County & 8 others (Environment and Land Case 1337 of 2016) [2026] KEELC 5155 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 1337 of 2016

Judge

["JG Kemei"]

The court held that the applicant had shown a direct proprietary stake in one of the suit properties by producing title and estate documents, and her presence was necessary for the court to completely and effectively determine the dispute and avoid multiplicity of suits. She therefore satisfied the test for joinder as an interested party.

Source excerpt

• Joinder of interested party
• Interested party standing
• Proprietary interest in suit property
• Leave to file pleadings
• Multiplicity of suits

Kinyago v Githinji & 2 others

Kinyago v Githinji & 2 others (Civil Appeal E017 of 2024) [2026] KEELC 5300 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Civil Appeal E017 of 2024

Judge

["EK Makori"]

The application for review failed because the applicant was relying on a later Court of Appeal decision delivered after the impugned judgment, which did not constitute new evidence or an error apparent on the face of the record for purposes of Order 45. Although the Court accepted that Magistrates' Courts lack jurisdiction over adverse possession claims and that decisions made without jurisdiction are nullities, it held that the applicant's remedy was appeal, not review, and the earlier affirmed judgment could not be substituted on review.

Source excerpt

• Review of judgment
• Jurisdiction
• Adverse possession
• Magistrates' court jurisdiction
• Retrospectivity of court decisions
• Nullity for want of jurisdiction

Weihai Construction Group Ltd v Chege t/a Graphmann Engineering (Small Claims Appeal E014 of 2025)

Weihai Construction Group Ltd v Chege t/a Graphmann Engineering (Small Claims Appeal E014 of 2025) [2026] KEHC 12688 (KLR) (6 August 2026) (Judgment)

Court

High Court

Case number

Small Claims Appeal E014 of 2025

Judge

["RN Nyakundi"]

The appeal failed because the contract was clear, the respondent's entitlement to the outstanding balance was supported by the record, and the appellant did not demonstrate any basis for appellate interference. The High Court held that it could not rework the parties' commercial agreement or import new terms, and the trial court's decision disclosed no error of law or fact warranting reversal.

Source excerpt

• Contract interpretation
• Burden of proof
• Appellate interference with findings of lower court
• Privity of contract
• Payment for construction works
• Costs and interest

Republic v Hamisi (Sexual Offence E045 of 2025)

Republic v Hamisi (Sexual Offence E045 of 2025) [2026] KEMC 426 (KLR) (6 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Sexual Offence E045 of 2025

Judge

["AZ Ogange"]

[2026] KEMC 426 (KLR)

Source excerpt

Samate v Sempele

Samate v Sempele (Environment and Land Appeal E014 of 2024) [2026] KEELC 5297 (KLR) (6 August 2026) (Directions)

Court

Environment and Land Court

Case number

Environment and Land Appeal E014 of 2024

Judge

["LN Gacheru"]

The ground report and testimony of the Senior Physical Planner confirmed that Plot No. 113, Block 4, Narok Township is the same as Plot No. 236, Block 4, and that Plot No. 109 is a separate plot. That evidence supported the trial court's finding that the Respondent was the rightful owner of the disputed plot, leaving no basis to overturn the judgment.

Source excerpt

• Appeal
• Ownership of plot
• Plot identity and boundary verification
• Ground report/additional evidence
• Dismissal of appeal with costs

In re Estate of Nasimiyu alias Clare Nasimiyu Wafula (Deceased)

In re Estate of Nasimiyu alias Clare Nasimiyu Wafula (Deceased) (Succession Cause E399 of 2024) [2026] KEMC 583 (KLR) (6 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Succession Cause E399 of 2024

Judge

["TO Omono"]

The court accepted the unshaken expert survey evidence because it was not rebutted by any contrary expert report and could not be impeached by submissions alone. On a balance of probabilities, the evidence proved the existence and acreage of the deceased's land parcels, warranting confirmation of the grant and equal distribution among the identified beneficiaries.

Source excerpt

• Confirmation of grant
• Distribution of intestate estate
• Expert evidence
• Land survey and acreage determination
• Burden of impeaching expert report