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Civil procedure [2026] KEMC 519 (KLR)

Robert v Sukari Industries Ltd

Robert v Sukari Industries Ltd (Civil Case E018 of 2024) [2026] KEMC 519 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E018 of 2024
Judge
["JP Nandi"]

The court held that it lacked jurisdiction to transfer the matter to the Sugar Arbitration Disputes Tribunal because sections 17 and 18 of the Civil Procedure Act vest transfer powers in the High Court, not in a subordinate court. The defendant’s request therefore failed for want of jurisdiction.

Source excerpt

  • Transfer of suits
  • High court transfer powers
  • Subordinate court jurisdiction
  • Sugar act section 47
  • Want of jurisdiction
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Civil procedure [2026] KEMC 516 (KLR)

Rioba v Sukari Industries Ltd

Rioba v Sukari Industries Ltd (Civil Case E054 of 2024) [2026] KEMC 516 (KLR) (14 August 2026) (Ruling)

Court
Magistrate's Court
Case number
Civil Case E054 of 2024
Judge
["JP Nandi"]

The magistrate's court held that it lacks jurisdiction to transfer the suit from itself to the Sugar Arbitration Disputes Tribunal because the power of transfer under section 18 of the Civil Procedure Act is reserved to the High Court; therefore the application was dismissed for want of jurisdiction.

Source excerpt

  • Transfer of suit
  • Jurisdiction of subordinate court
  • High court transfer powers
  • Sugar arbitration disputes tribunal
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Civil procedure [2026] SCC 217 (KLR)

Wayongo v Worrow Ltd

Wayongo v Worrow Ltd (Commercial Case E6749 of 2026) [2026] SCC 217 (KLR) (14 August 2026) (Ruling)

Court
Small Claims Court
Case number
Commercial Case E6749 of 2026
Judge
["GW Kiamah"]

The court held that service was not proved because there was no affidavit or certificate of service, no notice of appointment by the respondent, and no filed correspondence establishing the alleged email address as authorized by the respondent. Without proof of service, default judgment could not issue and the claim was incompetent, warranting striking out for want of service.

Source excerpt

  • Service of pleadings
  • Proof of service
  • Default judgment
  • Natural justice
  • Striking out claim for want of service
  • Case management and compliance with court directions
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Land law [2026] KEELC 5150 (KLR)

Gathiru v Wanjiru (Land Case E588 of 2023)

Gathiru v Wanjiru (Land Case E588 of 2023) [2026] KEELC 5150 (KLR) (4 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Land Case E588 of 2023
Judge
["CG Mbogo"]

Although the applicant had a prima facie claim based on registration and the prior ruling that the property was not matrimonial property, the existence of a pending appeal and the family context required caution. The court preferred preservation of the property by maintaining the status quo and directing the parties to attempt settlement through alternative dispute resolution, rather than granting eviction or injunctive relief at this stage.

Source excerpt

  • Eviction
  • Temporary injunction
  • Prima facie case
  • Status quo
  • Appeal pending
  • Trespass
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Criminal law [2026] KEHC 12303 (KLR)

Republic v Kipyegon

Republic v Kipyegon (Criminal Case E014 of 2025) [2026] KEHC 12303 (KLR) (31 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E014 of 2025
Judge
["TM Matheka"]

The court found that the offender had accepted responsibility, the family and community had reconciled, the deceased had been the aggressor according to the record, and the probation report supported rehabilitation; on that basis, the period already spent in custody was sufficient and a three-year probation term was the appropriate sentence.

Source excerpt

  • Murder
  • Manslaughter
  • Plea agreement
  • Self-defence
  • Non-custodial sentence
  • Family reconciliation
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Criminal law [2026] KEHC 12272 (KLR)

Director of Public Prosecutions v Ndunge

Director of Public Prosecutions v Ndunge (Criminal Case E012 of 2025) [2026] KEHC 12272 (KLR) (30 July 2026) (Judgment)

Court
High Court
Case number
Criminal Case E012 of 2025
Judge
["NIO Adagi"]

The court accepted the plea-bargained conviction for manslaughter and, weighing the accused’s youth, first-offender status, remorse, guilty plea, family and clan reconciliation, victim impact report, and sentencing objectives under the Sentencing Policy Guidelines 2023, found a non-custodial community service order for five years appropriate.

Source excerpt

  • Manslaughter
  • Plea bargain
  • Community service order
  • Victim impact assessment
  • Remand mitigation
  • Clan-based reconciliation
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Employment and labour law [2026] KEELRC 2253 (KLR)

Kipyapei v Protective Custody Ltd (Appeal E037 of 2025)

Kipyapei v Protective Custody Ltd (Appeal E037 of 2025) [2026] KEELRC 2253 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E037 of 2025
Judge
["J Rika"]

The appeal failed because the appellant did not dislodge the prima facie validity of the employment contract containing the arbitration clause, did not substantiate his allegation of forgery, and had contractually accepted arbitration; the trial court therefore correctly declined jurisdiction and the dispute had to proceed to arbitration.

Source excerpt

  • Unfair termination
  • Arbitration clause in employment contract
  • Jurisdiction of court vs arbitral tribunal
  • Execution/authenticity of employment contract
  • Costs on dismissal of appeal
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Employment and labour law [2026] KEELRC 2232 (KLR)

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & 3 others

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & 3 others (Employment and Labour Relations Cause E852 of 2025) [2026] KEELRC 2232 (KLR) (30 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E852 of 2025
Judge
["BOM Manani"]

The suit was not demonstrated to be res judicata because the prior case involved different parties on the face of the record and different principal issues, and the recognition question was not shown to rest on the same facts. The Claimant also failed to show any substantial question of law justifying a three-judge bench. However, because mediation is encouraged by law and was expressly sought, the court referred the dispute to court-annexed mediation.

Source excerpt

  • Res judicata
  • Trade union recognition
  • Service pay and terminal benefits
  • Court-annexed mediation
  • Expanded bench certification under article 165(4)
  • Collective bargaining agreements
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Employment and labour law [2026] KEELRC 2313 (KLR)

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & 3 others

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & 3 others (Employment and Labour Relations Cause E852 of 2025) [2026] KEELRC 2313 (KLR) (30 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E852 of 2025
Judge
["BOM Manani"]

The suit was not shown to be res judicata because the earlier case involved different parties on the face of the record, different issues including trade union dues rather than terminal benefits, and no material proved that the present recognition grievance arose from the same facts. The Claimant also failed to show any substantial question of law for a three-judge bench. However, because mediation is constitutionally and statutorily encouraged and was requested, the court referred the dispute to court-annexed mediation.

Source excerpt

  • Res judicata
  • Trade union recognition
  • Collective bargaining
  • Expanded bench certification
  • Court-annexed mediation
  • Terminal benefits/service pay
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Succession law [2026] KEHC 12548 (KLR)

In re Estate of Muia (Deceased)

In re Estate of Muia (Deceased) (Succession Cause 60 of 2012) [2026] KEHC 12548 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Succession Cause 60 of 2012
Judge
["EN Maina"]

Plot 120A was no longer a live succession-distribution issue because the mediation settlement adopted by the court left no reservation over it and therefore bound the parties. The application was therefore, in substance, an eviction/recovery of possession claim outside the probate court's jurisdiction. The Applicant also failed to disclose material pending revocation and mediation proceedings, which weighed against relief.

Source excerpt

  • Intermeddling with estate property
  • Effect of confirmed grant
  • Mediation settlement agreement
  • Eviction and recovery of possession
  • Jurisdictional limits of probate court
  • Candour and disclosure in equitable relief
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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.