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Criminal law [2026] KEHC 13070 (KLR)

Machira v Republic

Machira v Republic (Criminal Miscellaneous Application E024 of 2024) [2026] KEHC 13070 (KLR) (11 August 2026) (Ruling)

Court
High Court
Case number
Criminal Miscellaneous Application E024 of 2024
Judge
["PN Gichohi"]

The application failed because the applicant's conviction and life sentence had already been confirmed through the High Court and Court of Appeal; therefore, the High Court lacked jurisdiction to review or alter the Court of Appeal's final decision, and Section 333(2) CPC could not be invoked to disturb that finality.

Source excerpt

  • Defilement sentencing under the sexual offences act
  • Mandatory minimum sentence challenge
  • Sentence re-hearing
  • Section 333(2) cpc
  • Jurisdiction of the high court vis-à-vis court of appeal
  • Res judicata and abuse of process
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Civil procedure [2026] KEHC 12770 (KLR)

Amirali v Nyatangi t/a Benom Enterprises Hardware

Amirali v Nyatangi t/a Benom Enterprises Hardware (Civil Appeal E032 of 2026) [2026] KEHC 12770 (KLR) (7 August 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E032 of 2026
Judge
["RN Nyakundi"]

The court held that the application for review had no merit because it sought to re-open and re-argue the earlier ruling rather than correct an obvious self-evident error on the face of the record. Review jurisdiction under Section 80 and Order 45 is narrow and cannot be used to substitute a fresh view on the merits; accordingly, the impugned ruling could not be vacated through review.

Source excerpt

  • Review of judgment or ruling
  • Jurisdiction
  • Controlled tenancies
  • Business premises rent tribunal
  • Execution of decrees
  • Error apparent on the face of the record
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Criminal law [2026] KEHC 12487 (KLR)

Oremo v Republic

Oremo v Republic (Miscellaneous Criminal Application E024 of 2026) [2026] KEHC 12487 (KLR) (31 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E024 of 2026
Judge
["JM Omido"]

The application was incompetent because the Applicant’s conviction and sentence had already been conclusively affirmed through the appellate hierarchy, including the Court of Appeal, and the High Court therefore lacked jurisdiction to reopen, vary, or review the sentence. Any constitutional complaints required a properly filed constitutional petition, not a miscellaneous criminal application.

Source excerpt

  • Robbery with violence
  • Review of sentence
  • Jurisdiction of the high court
  • Commuted death sentence
  • Life imprisonment
  • Res judicata
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Civil procedure [2026] KEHC 12130 (KLR)

Cosican Engineering Works Limited v Housing Finance Co-operation Limited & another

Cosican Engineering Works Limited v Housing Finance Co-operation Limited & another (Civil Appeal E124 of 2021) [2026] KEHC 12130 (KLR) (31 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E124 of 2021
Judge
["LM Wachira"]

The appeal arose from objection proceedings under Order 22 Rules 51 to 55, which are not among the orders appealable as of right under section 75 of the Civil Procedure Act and Order 43 rule 1 of the Civil Procedure Rules. Because the appellant did not seek or obtain leave to appeal, the court lacked jurisdiction; the appeal was therefore incompetent and had to be struck out without reaching the merits.

Source excerpt

  • Objection proceedings
  • Leave to appeal
  • Competence of appeal
  • Orders in execution
  • Striking out appeal
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Civil procedure [2026] KEHC 12527 (KLR)

Kenya African Othaya Bus Union v Nyagari & another

Kenya African Othaya Bus Union v Nyagari & another (Civil Appeal E014 of 2024) [2026] KEHC 12527 (KLR) (31 July 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E014 of 2024
Judge
["MA Odero"]

The appeal challenged a BPRT decision arising from a tenancy dispute governed by Cap 301, and section 15 of that Act expressly directs appeals to the Environment and Land Court. Because the appeal was filed in the High Court, that court lacked jurisdiction and the preliminary objection succeeded.

Source excerpt

  • Preliminary objection
  • Jurisdiction
  • Appeal from business premises rent tribunal
  • Controlled tenancy
  • Environment and land court appellate jurisdiction
  • Striking out appeal
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Family law [2026] KEHC 11831 (KLR)

Maina v Makamara

Maina v Makamara (Civil Appeal E064 of 2026) [2026] KEHC 11831 (KLR) (Family) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E064 of 2026
Judge
["HK Chemitei"]

The High Court had jurisdiction under section 99(a) of the Children Act, 2022, and the trial magistrate properly exercised discretion in allowing temporary travel of the minors because the trip was for a legitimate, time-bound family event during school holidays, the Respondent provided supporting documentation and disclosed the itinerary, there was no cogent evidence of intended unlawful retention, and the Appellant's fears were speculative. The appeal did not justify interference with the lower court's discretion, though additional security was warranted by way of a personal bond.

Source excerpt

  • Stay of execution pending appeal
  • Best interests of the child
  • Parental custody and access rights
  • Travel of minors outside jurisdiction
  • Exercise of judicial discretion
  • Security/bond conditions
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Civil procedure [2026] KEHC 11838 (KLR)

Kahuro v Njoroge

Kahuro v Njoroge (Civil Appeal E183 of 2024) [2026] KEHC 11838 (KLR) (29 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E183 of 2024
Judge
["PN Gichohi"]

The appeal succeeded on the single dispositive point of law: the Small Claims Court delivered judgment outside the 60-day statutory period in section 34(1) of the Small Claims Court Act, which the High Court treated as mandatory. That lapse deprived the Small Claims Court of jurisdiction, rendering the judgment and decree null and void, so the appellate court set them aside and declined to consider the remaining grounds.

Source excerpt

  • Jurisdiction
  • Statutory timelines
  • Pleading and proof
  • Oral contract
  • Costs
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Employment and labour law [2026] KEELRC 2173 (KLR)

Winguard Services Ltd v Kitui

Winguard Services Ltd v Kitui (Miscellaneous Application E263 of 2024) [2026] KEELRC 2173 (KLR) (28 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Miscellaneous Application E263 of 2024
Judge
["HS Wasilwa"]

The court held that the relief sought was, in substance, an appeal against orders made by a court of competent jurisdiction, not a proper review application. Since an appeal from the test-suit judgment was already pending, the proper forum for the issues raised was the appellate court. To avoid conflicting orders and because it lacked jurisdiction to entertain what amounted to an appeal, the court declined to allow the application and struck it out.

Source excerpt

  • Consolidation of suits
  • Test suit procedure
  • Review of orders
  • Jurisdiction
  • Forum shopping
  • Appeal pending before another court
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Environment and land law [2026] KEELC 5012 (KLR)

Sikuku & 3 others v Wakitare aka Duncan Wafula Wekesa & another

Sikuku & 3 others v Wakitare aka Duncan Wafula Wekesa & another (Environment and Planning Appeal E003 of 2026) [2026] KEELC 5012 (KLR) (28 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Planning Appeal E003 of 2026
Judge
["CN Mugambi"]

The court held that the real dispute before the Small Claims Court was a monetary claim for damages arising from the alleged sale of trees, not a dispute on environment, land use, occupation or title to land. Section 38 of the Small Claims Court Act provides appeals to the High Court, not the Environment and Land Court. Because appellate jurisdiction over Small Claims Court decisions was not conferred on the Environment and Land Court by the Constitution or statute, the court lacked jurisdiction and had to strike out the appeal.

Source excerpt

  • Jurisdiction
  • Small claims court appeals
  • Subject-matter jurisdiction
  • Tree sale dispute
  • Striking out appeal
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Criminal law [2026] KEHC 12442 (KLR)

Oloo v Republic

Oloo v Republic (Miscellaneous Criminal Application E031 of 2026) [2026] KEHC 12442 (KLR) (28 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Criminal Application E031 of 2026
Judge
["JM Omido"]

The High Court held that it has no jurisdiction to review, revise, reduce, or otherwise interfere with a sentence imposed by the Court of Appeal. Since the sentence was conclusively determined by a superior court in the constitutional hierarchy, the applicant’s application was incompetent and had to be dismissed.

Source excerpt

  • Jurisdiction of high court vis-à-vis court of appeal
  • Resentencing application
  • Finality of appellate orders
  • Functus officio
  • Mitigation and rehabilitation
  • Power of mercy
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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.