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Constitutional law [2026] KEHC 12997 (KLR)

Nyakango v Cooperative Bank of Kenya Limited & 2 others

Nyakango v Cooperative Bank of Kenya Limited & 2 others (Constitutional Petition E517 of 2023) [2026] KEHC 12997 (KLR) (20 August 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E517 of 2023
Judge
["LN Mugambi"]

The court found that the petitioner had prima facie shown a financial contractual relationship with the 1st respondent through the loan application documents, while his denial was bare and unconvincing. The dispute was therefore a commercial/contractual one dressed up as a constitutional petition. Because a statutory framework also existed for ventilating the complaint, the petition offended the doctrine of constitutional avoidance, and the court downed tools without addressing the remaining issues.

Source excerpt

  • Credit reference bureau listing
  • Constitutional avoidance
  • Doctrine of exhaustion
  • Fair administrative action
  • Access to information
  • Data accuracy dispute
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Civil procedure [2026] KEHC 13122 (KLR)

Linturi v M'Ethingia

Linturi v M'Ethingia (Civil Suit E005 of 2026) [2026] KEHC 13122 (KLR) (18 August 2026) (Ruling)

Court
High Court
Case number
Civil Suit E005 of 2026
Judge
["HM Nyaga"]

The court held that it could not conclusively determine at the interlocutory stage whether the impugned political statements were manifestly defamatory or were political rhetoric requiring full trial interrogation, and therefore the applicant had not established a clear prima facie case; further, any proven reputational injury could be compensated by damages and the balance of convenience favored declining a blanket gag order that would improperly restrict political campaigning and expression.

Source excerpt

  • Temporary injunction
  • Prima facie case
  • Irreparable harm
  • Balance of convenience
  • Political speech
  • Freedom of expression
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Employment and labour law [2026] KEELRC 2384 (KLR)

Ndivo v Henkel Kenya Ltd

Ndivo v Henkel Kenya Ltd (Cause E178 of 2020) [2026] KEELRC 2384 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E178 of 2020
Judge
["NJ Abuodha"]

The Court held that the respondent failed to sufficiently prove the fictitious payment and conflict-of-interest allegations, but successfully proved insubordination because the claimant knowingly ignored a direct, lawful instruction from her line manager to obtain approval before processing purchase orders related to promotion and sponsorship activities. That single proved ground justified summary dismissal under section 44(4)(e) of the Employment Act. The constitutional and defamation claims were unproved. The counterclaim failed because the respondent did not strictly prove that the claiman…

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Burden of proof
  • Insubordination
  • Conflict of interest
  • Gross misconduct
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Defamation [2026] KEHC 12565 (KLR)

Chesang v Standard Group PLC

Chesang v Standard Group PLC (Civil Case E101 of 2026) [2026] KEHC 12565 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E101 of 2026
Judge
["KL Kandet"]

The Applicant failed to satisfy the heightened test for interlocutory relief in defamation. The Respondent raised substantive, non-frivolous defences, the truthfulness and malice allegations required trial evidence, damages remained an adequate remedy, and this was not an exceptional case justifying prior restraint or mandatory takedown at the interlocutory stage.

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prior restraint
  • Freedom of expression
  • Reputation and dignity
  • Public interest publications
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Civil procedure [2026] KEHC 12566 (KLR)

Ichung'wah v Standard Group PLC

Ichung'wah v Standard Group PLC (Civil Case E128 of 2026) [2026] KEHC 12566 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E128 of 2026
Judge
["KL Kandet"]

The applicant failed to show that the case was one of the exceptional defamation matters warranting prior restraint. The court found that the alleged defamatory meaning, truth, comment, and privilege were contested issues for trial, that damages remained an adequate remedy, that no evidence showed a threatened further republication beyond the existing online availability, and that the stringent threshold for a mandatory injunction had not been met. Accordingly, interlocutory relief was refused.

Source excerpt

  • Interlocutory injunctions
  • Mandatory injunctions
  • Prior restraint on publication
  • Freedom of expression and media freedom
  • Right to dignity and reputation
  • Online republication of defamatory material
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Defamation [2026] KEHC 11981 (KLR)

Momanyi v Mbuvi alias Mike Sonko & 3 others

Momanyi v Mbuvi alias Mike Sonko & 3 others (Civil Case 423 & 424 of 2014 (Consolidated)) [2026] KEHC 11981 (KLR) (Civ) (30 July 2026) (Judgment)

Court
High Court
Case number
Civil Case 423 of 2014
Judge
["JN Mulwa"]

The court held that the televised statements imputed serious wrongdoing to the Plaintiff, an advocate, and were defamatory. The 1st Defendant admitted uttering the words, and the 2nd to 4th Defendants broadcasted them. The Defendants failed to prove truth, privilege, fair comment, or reply to attack because no witness from the widow was called, no criminal or disciplinary finding was shown, and the allegations were presented as fact rather than comment. Liability was therefore joint and several. Because the Plaintiff did not produce independent evidence of reputational or financial loss, the…

Source excerpt

  • Libel by television broadcast
  • Qualified privilege
  • Justification/truth
  • Fair comment
  • Reply to attack
  • Damages in defamation
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Employment law [2026] KEELRC 2326 (KLR)

Wamatu v Safaricom PLC

Wamatu v Safaricom PLC (Employment and Labour Relations Cause E425 of 2022) [2026] KEELRC 2326 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E425 of 2022
Judge
["BOM Manani"]

The Respondent had a justifiable reason to terminate the Claimant because the investigation report provided sufficient material for a genuine belief that he had engaged in misconduct involving confidential data. The Respondent also complied with procedural fairness by issuing a show cause letter, considering responses, inviting him to a hearing, and proceeding in his absence only after he failed to attend without a credible excuse. The defamation claim was time-barred and, in any event, unsupported by independent proof. The suit therefore failed in full.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Procedural fairness
  • Substantive justification
  • Disciplinary hearing
  • Suspension
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Civil procedure [2026] KEHC 12450 (KLR)

Nabwera v Savula

Nabwera v Savula (Civil Case E007 of 2026) [2026] KEHC 12450 (KLR) (Civ) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E007 of 2026
Judge
["KL Kandet"]

The Court held that the Plaintiff established a prima facie defamation case warranting only a limited preservatory injunction restraining repetition or republication of the specific HIV/AIDS allegation and substantially similar allegations linking the Plaintiff's alleged medical status or appearance to school failure; however, the Court refused to grant a mandatory apology, retraction, or interim damages because those remedies would finally determine liability and quantum before trial.

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Temporary prohibitory injunction
  • Publication and defamatory meaning
  • Malice
  • Freedom of expression versus reputation
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Media law [2026] KEHC 12159 (KLR)

Standard Media Group Plc & 3 others v Kaluma

Standard Media Group Plc & 3 others v Kaluma (Civil Appeal E593 of 2022) [2026] KEHC 12159 (KLR) (Civ) (29 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E593 of 2022
Judge
["JM Nang'ea"]

The appeal failed because the only issue actively pursued was the fine, and the Kshs. 2,000,000 penalty imposed on the 1st appellant was within the statutory ceiling authorized under section 102E(1)(f) of the Kenya Information and Communications Act; the Tribunal's sanction was therefore lawful.

Source excerpt

  • Jurisdiction of the communications and multimedia appeals tribunal
  • Fair comment and justification
  • Privacy and dignity
  • Protection of children’s identities in court-related publications
  • Legality of penalties/fines under the kenya information and communications act
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Civil procedure [2026] KEHC 12161 (KLR)

Nasher v Mohammed

Nasher v Mohammed (Civil Suit E006 of 2026) [2026] KEHC 12161 (KLR) (29 July 2026) (Ruling)

Court
High Court
Case number
Civil Suit E006 of 2026
Judge
["JM Nang'ea"]

The court found that the Applicant established a prima facie case and risk of irreparable reputational harm sufficient to justify a temporary prohibitory injunction, but did not establish the clear and special circumstances required for an interlocutory mandatory injunction because defamation could not be conclusively determined without trial evidence. The court also held that although it had jurisdiction, the suit should in the first instance be heard by the Chief Magistrate’s Court because the claimed sum fell within its pecuniary limit and transfer better served administrative efficiency a…

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prohibitory injunction
  • Defamation and reputation
  • Freedom of expression
  • Transfer of suit to subordinate court
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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.