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Kenya Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil procedure [2026] KEHC 13464 (KLR)

Rachel Wafula v John Gachunga t/a Jowanga Enterprises

The High Court held the appeal raised points of law, found contractual privity through agency, upheld the conditional refund order, and set aside the post-judgment reporting direction.

  • Appellate jurisdiction on points of law
  • Privity of contract through agency
  • Fitness for purpose and merchantable quality
  • Inconsistent findings in judgment
  • Reasoned judgments and functus officio
  • Counterclaim and restitution
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Civil procedure [2026] KECA 1675 (KLR)

Harsha Atulkumar Maganlal Shah & another v Ankoor Shah & 2 others

The Court of Appeal granted extension of time after finding a 19-day filing delay was satisfactorily explained by e-filing technical failures.

  • Extension of time
  • E-filing technical failure
  • Res judicata
  • Delay in filing appeal
  • Discretion under rule 4
  • Deeming filing regularized
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Civil procedure [2026] KECA 1676 (KLR)

Kurutu v Simiyu & another

Kurutu v Simiyu & another (Civil Appeal (Application) E719 of 2021) [2026] KECA 1676 (KLR)

The Court of Appeal revived an abated appeal after finding the deceased appellant’s sons showed sufficient cause, and substituted them as appellants.

  • Abatement of appeal
  • Revival of appeal
  • Substitution of deceased party
  • Limited letters of administration ad litem
  • Sufficient cause
  • Delay caused by counsel
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Civil procedure [2026] KECA 1672 (KLR)

Maara v Housing Finance Company of Kenya Ltd & another

The Court of Appeal dismissed an application to extend time for appeal because the supporting affidavit annexures were not properly marked and sealed, leaving no usable evidence.

  • Extension of time
  • Late filing of notice of appeal
  • Affidavit evidence and annexures
  • Rule 9 oaths and statutory declarations rules
  • Leave to lodge compliant application
  • Extension-of-time
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Succession law [2026] KECA 1677 (KLR)

In re Estate of Sheikh & another

The Court of Appeal held that the High Court went beyond rectification under section 74 by effectively reopening and revoking confirmed grants without an application under section 76.

  • Rectification of grant
  • Revocation/annulment of confirmed grant
  • Jurisdiction of high court
  • Fair hearing
  • Family estate property
  • First appeal review
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Civil procedure [2026] SCC 238 (KLR)

Umoja Magharibi Kenya Limited v Wafula

The Small Claims Court reviewed its earlier judgment after finding it had wrongly counted pre-disbursement M-Pesa payments as loan repayments.

  • Review of judgment
  • Error apparent on the face of the record
  • Loan repayment computation
  • Arithmetical/clerical mistake
  • M-pesa evidence
  • Review-of-judgment
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Civil procedure [2026] KECA 1674 (KLR)

Thomas Kiplagat Bett v Hasham Lalji Properties Limited & 3 others

Application for extension of time to file a notice and record of appeal dismissed for inordinate delay and insufficient explanation under Rule 4.

  • Extension of time
  • Late filing of notice of appeal
  • Late filing of record of appeal
  • Exercise of judicial discretion
  • Inordinate delay
  • Prejudice
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Civil procedure [2026] KECA 1673 (KLR)

Ndegwa & another v Khaemba & 3 others

The Court of Appeal dismissed an application to amend the record of appeal, finding it was a reactive and vague attempt that amounted to abuse of process.

  • Amendment of record of appeal
  • Court of appeal rules
  • Abuse of process
  • Judicial discretion
  • Delay
  • Strike out application
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Civil procedure [2026] KECA 1678 (KLR)

Wanjogu & another v Kirimu

The Court of Appeal partly allowed an application for extension of time and amendment of an appeal, but left the stay request for a full bench.

  • Extension of time
  • Notice of appeal
  • Amendment of memorandum of appeal
  • Joinder of parties
  • Stay of proceedings
  • Corporate personality in matrimonial litigation
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Tax law [2026] KETAT 339 (KLR)

Equator Bottlers Limited v Commissioner of Domestic Taxes

The Tribunal allowed Equator Bottlers Limited leave to file supplementary submissions after the Respondent raised a jurisdictional objection for the first time in submissions.

  • Pleadings and issues
  • Supplementary submissions
  • Jurisdiction
  • Right to fair hearing
  • Tax appeals tribunal procedure
  • Leave and case management
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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.