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Kenya Case Law

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Civil procedure [2026] KEHC 13572 (KLR)

NIC Bank Limited v James Munene Ndumbi & Rosemary Njeri Munene

First appeal over a hire-purchase financing dispute: the court upheld a valid restructuring agreement, set aside damages and injunction orders, and remitted the counterclaim for accounting.

  • Record of appeal defects
  • Hire purchase agreement validity
  • Restructuring agreement
  • Breach of contract
  • Repossession of motor vehicle
  • Credit reference bureau listing
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Civil procedure [2026] KEHC 13549 (KLR)

Karithi & 2 others v Thuo t/a Renekam Enterprises & another

The High Court refused to release Kshs. 500,000 deposited as security, holding that a later subsisting order in a related matter redirected it to secure an intended appeal.

  • Release of security pending appeal
  • Stay of execution
  • Effect of subsisting court orders
  • Fruits of judgment
  • Costs of application
  • Security-pending-appeal
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Advocates’ remuneration [2026] KEHC 13527 (KLR)

Geonet Communications Limited v Gakahu & Rosana Advocates

The court dismissed a preliminary objection, extended time to file a reference out of time, and stayed taxation of an advocate-client bill pending the reference.

  • Enlargement of time under rule 11(4)
  • Preliminary objection
  • Competence of advocate-sworn affidavit
  • Jurisdiction to tax advocate-client bill of costs
  • Stay of taxation pending reference
  • Section 45 advocates act
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Civil procedure [2026] KEHC 13519 (KLR)

Njoroge – Dcd (Filing Through Her Intended Substitute Njoroge Obadiah Kimani) v Kahara

The High Court dismissed an application to appeal out of time, holding the applicant’s advocates were not properly on record, the amended motion misnamed the respondent, and the merits were weak.

  • Change of advocates after judgment under order 9 rule 9
  • Misdescription of a respondent in an amended motion
  • Leave to appeal out of time
  • Functus officio and post-judgment execution
  • Time-bar for execution under section 4(4) of the limitation of actions act
  • Substitution of a deceased plaintiff's estate representative
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Constitutional law [2026] KEHC 13585 (KLR)

Katiba Institute v Inspector General of Police & another

The High Court found the Inspector General of Police in contempt for failing to issue a timely advisory before emergency road barricades, despite a subsisting conservatory order.

  • Disobedience of court orders
  • Personal responsibility of office holders
  • Police roadblocks and checkpoints
  • Freedom of movement
  • Enforcement of conservatory orders
  • Contempt-of-court
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Civil procedure [2026] KEHC 13504 (KLR)

Everlyne Chepkurui Milgo v Al-Husnain Motors Limited & another

The High Court dismissed an application for stay pending appeal over a repossessed motor vehicle, finding no substantial loss and no security offered.

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Repossession under instalment sale agreement
  • Unconditional release of motor vehicle
  • Stay-of-execution
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Land law [2026] KEELC 5437 (KLR)

Kenslopic Hydro Engineers Limited & another v Nairobi City County

The court dismissed a claim over alleged demolition of Eastleigh plots, finding the plaintiffs did not prove the county was responsible for the destruction.

  • Locus standi
  • Trespass
  • Unlawful demolition
  • Special damages
  • Burden of proof
  • Building plan approvals
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Civil procedure [2026] SCC 240 (KLR)

Wambui v Shiranda

The claimant failed to prove a Kshs. 84,000 debt in the Small Claims Court, while the respondent proved part of his counterclaim for Kshs. 6,000.

  • Burden of proof
  • Proof of monetary claim
  • Special damages
  • Informality of evidence in small claims court
  • Counterclaim
  • Recovery of alleged debt
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Civil procedure [2026] KEELC 5441 (KLR)

Joan Abura & another v Usonik Farm Purchase Co-operative Society Ltd

The court dismissed a review motion against a conditional stay order, holding that execution after default was not a new matter and review was improper pendency of appeal.

  • Review under section 80 and order 45
  • Security for due performance pending appeal
  • Garnishee proceedings
  • Abuse of process
  • Effect of pending appeal on review jurisdiction
  • Costs
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Civil procedure [2026] KEHC 13551 (KLR)

Ziara Special Economical Zone (SEZ) Ltd v Dennis Otieno Owino & Henry Okumu

The High Court set aside an order made without proper service, restored the earlier stay-related orders, and dismissed contempt and mandamus relief.

  • Stay of execution pending appeal
  • Review and setting aside orders
  • Service of process
  • Right to be heard
  • Conditional stay and security
  • Contempt standard of proof
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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.