Kenya Case Law

National Social Security Fund v Mbula

National Social Security Fund v Mbula (Environment and Land Case 1565 of 2014) [2026] KEELC 5214 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 1565 of 2014

Judge

["JG Kemei"]

The application was struck out because it was spent and incompetent: the prayers for stay and injunction could not stand, there was no pending appeal to support stay of execution, and there was no pending suit because the main suit had been dismissed and reinstatement had already been refused. An interlocutory injunction cannot issue in a closed suit, and the court cannot grant relief against a proclamation notice in proceedings that are no longer alive.

Source excerpt

• Stay of execution
• Temporary/interlocutory injunction
• Proclamation notice
• Closed suit
• Abuse of process
• Pleadings bound the court

Ndilangu v Chiration (Kna Road & Bridge Corporation (K)

Ndilangu v Chiration (Kna Road & Bridge Corporation (K) (Civil Case 517 of 2015) [2026] KEMC 705 (KLR) (6 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Civil Case 517 of 2015

Judge

["YA Shikanda"]

The application failed because the plaintiff did not provide a satisfactory explanation for the nearly three-year delay after dismissal and over two years after the Chief Justice’s practice directions, despite procedural irregularities in the dismissal process. The court held that the plaintiff was guilty of laches, did not meet the threshold for equitable relief, and that the overriding objective could not be used to excuse inordinate unexplained delay.

Source excerpt

• Reinstatement of suit
• Dismissal for want of prosecution
• Notice to show cause
• Delay and laches
• Overriding objective
• Practice directions

Kiambati v Embakasi Ranching Co Ltd

Kiambati v Embakasi Ranching Co Ltd (Environment and Land Case E231 of 2024) [2026] KEELC 5221 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E231 of 2024

Judge

["JG Kemei"]

The court found that the judgment of 13/3/25 was clear, the respondent had been served and had knowledge of it, the respondent failed to comply, and the non-compliance was deliberate. On that basis, the directors of the defendant were held to be in contempt and were ordered to purge the contempt within 45 days, failing which they were to attend court for mitigation and sentencing.

Source excerpt

• Enforcement of judgment
• Service of court orders
• Willful disobedience
• Vacant possession
• Transfer and issuance of title
• Sanctions for contempt

Kiago v Iregi

Kiago v Iregi (Environment and Land Appeal E003 of 2026) [2026] KEELC 5296 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E003 of 2026

Judge

["EK Makori"]

The application failed because the applicant did not properly place before the court the decision allegedly to be stayed, and in any event the impugned ruling dismissing the application to set aside interlocutory judgment was a negative order incapable of stay. Without a positive executable order, there was nothing to stay, so the request for stay of execution could not succeed.

Source excerpt

• Stay of execution pending appeal
• Mandatory stay requirements
• Negative orders incapable of stay
• Interlocutory judgment
• Substantial loss
• Security for due performance

Waruguru v Republic

Waruguru v Republic (Miscellaneous Criminal Application E140 of 2026) [2026] KEHC 12623 (KLR) (5 August 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Criminal Application E140 of 2026

Judge

["DR Kavedza"]

The Court held that the renewed application disclosed sufficient changed circumstances and that the record, including the pre-bail report, did not show any compelling reason to justify continued detention. The seriousness of the narcotics charges alone was insufficient to defeat the constitutional presumption in favour of bail, and the applicant’s health and childcare circumstances reinforced the conclusion that release on terms would not prejudice the administration of justice.

Source excerpt

• Renewed bail application
• Compelling reasons for denial of bail
• Right to liberty pending trial
• Best interests of the child
• Health of accused person
• Conditions of bail

Wambua & 3 others v Commissioner for Co-operative Development

Wambua & 3 others v Commissioner for Co-operative Development (Tribunal Case E002 of 2025) [2026] KECOPT 315 (KLR) (5 August 2026) (Judgment)

Court

Cooperative Tribunal

Case number

Tribunal Case E002 of 2025

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal held that the appellants' complaints about procedural bias, the legality of the special general meeting, fair hearing, and the conduct of the inquiry were judicial review issues outside its jurisdiction. Relying on the Co-operative Societies Act and constitutional jurisprudence, it declined to entertain those questions and dismissed the appeal, leaving the appellants to pursue judicial review in the High Court.

Source excerpt

• Surcharge orders
• Inquiry and inspection
• Natural justice
• Fair hearing
• Procedural fairness
• Jurisdiction

Kang'ethe & 3 others v Kimwere Josphat & Company Advocates

Kang'ethe & 3 others v Kimwere Josphat & Company Advocates (Environment and Land Case E014 of 2026) [2026] KEMC 488 (KLR) (5 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Environment and Land Case E014 of 2026

Judge

["GK Waithira"]

The respondents were necessary parties because the 1st respondent was identified as the person who lodged the caution and the 2nd respondent held the official records of the subject plot; therefore the suit would not be struck out. However, the applicants’ request for removal of the caution and related substantive relief could not be granted at interlocutory stage because it would prematurely determine the suit before evidence is tested. The application therefore lacked merit.

Source excerpt

• Removal of caution
• Joinder of parties
• Striking out parties
• Premature determination of suit
• Interlocutory relief
• Order 1 rule 10(2) civil procedure rules

Mutua alias Eick Mutua v Mwaura & another

Mutua alias Eick Mutua v Mwaura & another (Civil Case E293 of 2025) [2026] KEMC 462 (KLR) (5 August 2026) (Judgment)

Court

Magistrate's Court

Case number

Civil Case E293 of 2025

Judge

["GK Waithira"]

[2026] KEMC 462 (KLR)

Source excerpt

Siele & another v Republic

Siele & another v Republic (Criminal Application E035 of 2025) [2026] KEHC 12595 (KLR) (5 August 2026) (Ruling)

Court

High Court

Case number

Criminal Application E035 of 2025

Judge

["JK Ng'arng'ar"]

The Applicants failed to meet the strict threshold for stay of proceedings. The court found that the criminal case and the ELC appeals could proceed concurrently under section 193A, that the grounds advanced were defences to be raised in the criminal trial, and that no malice, abuse of process, or exceptional circumstance was proved to justify halting the prosecution.

Source excerpt

• Stay of proceedings
• Concurrent civil and criminal proceedings
• Prosecution discretion of the dpp
• Alleged malicious prosecution
• Land ownership dispute underlying criminal charges

Kinyua & another v Gichu

Kinyua & another v Gichu (Environment and Land Appeal E013 of 2024) [2026] KEELC 5308 (KLR) (5 August 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2024

Judge

["EK Makori"]

The appeal failed because the Respondent held a valid registered title supported by sale and transfer documents, while the Appellants led no admissible evidence to prove fraud or customary trust. Their own evidence confirmed occupation and interference with the suit land, which supported the finding of trespass. The trial court’s decision was therefore upheld.

Source excerpt

• Title to land
• Fraud in land transactions
• Trespass to land
• Ancestral land
• Customary trust
• Appellate review