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The High Court dismissed an unopposed application to cite a co-administrator for contempt of a 2019 estate distribution order, holding contempt is a quasi-criminal last resort where a civil remedy exists.
Wanjiru v Muchoki & another (Suing as the Legal Representatives for and on Behalf of the Estate of Nicholas Muchoki Mwangi – Deceased) (Civil Appeal E117 of 2024) [2026] KEHC 12983 (KLR) (20 August 2026) (Judgment)
The trial court was entitled to reject unproved income evidence and use the global award approach, but the award of Ksh. 2,000,000 for loss of dependency was excessive on the facts, given the deceased’s age, family composition, and absence of proof of salary; it was therefore reduced to Ksh. 1,200,000. The complaint about non-consideration of submissions failed because rejection of submissions is not the same as failure to consider them.
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Makuti alias Zelpher (Suing on Her Own Behalf and as the Legal Representative of the Estate of the Late John Asiema Otieno) v Wadia Construction Co. Ltd (Miscellaneous Civil Cause E019 of 2025) [2026] KEHC 12715 (KLR) (4 August 2026) (Ruling)
The Court found from the record that the proceeding on 19 March 2026 was a withdrawal at the Applicant’s instance, not a dismissal or striking out by the Court. Under Order 25 of the Civil Procedure Rules, a withdrawn suit is ended and there is no power to reinstate it. The Court therefore lacked jurisdiction and was functus officio. Inherent jurisdiction could not be used to supply a power the rules do not confer, so the application for reinstatement and extension of time failed.
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Ronoh v Mtai (Suing as the Legal Representative of the Estate of the Late Amon Cheruo Chemaswet) (Civil Appeal E053 of 2023) [2026] KEHC 12286 (KLR) (30 July 2026) (Judgment)
The appeal failed because the appellant remained the registered owner of the motor vehicle and did not properly displace the statutory presumption of ownership; the alleged prior sale was not consistently pleaded, was unsupported by a third-party notice, and in any event could not pass title where the vehicle was still under hire-purchase. The liability finding was supported by unchallenged eyewitness evidence. The damages awarded were within permissible ranges, properly pleaded, and strictly proved, so no appellate interference was warranted.
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Kaloo v Ochieng (Sued as Legal Representative of the Estate of The Late George Omondi Awuondo) (Enviromental and Land Originating Summons E007 of 2026) [2026] KEELC 4896 (KLR) (29 July 2026) (Ruling)
The defendant had no locus standi to be sued as the legal representative of the deceased’s estate because he had no grant of letters of administration. An intermeddler cannot lawfully represent an estate in civil proceedings, so his name had to be struck out. Once the defendant and the suit were struck out, the plaintiff’s interlocutory application for restriction/injunction became moot and could not stand.
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Mosop v Chuma & 3 others (Sued as administrators of the Estate of the Late Kiberenge Tuwei) (Land Case (Originating Summons) E017 of 2026) [2026] KEELC 4814 (KLR) (27 July 2026) (Ruling)
The court held that an inhibition was necessary and appropriate because the property was still unsubdivided, the respondents' alleged shares were not yet identifiable, all administrators were jointly answerable, and no irreparable prejudice would be suffered by the respondents if a limited, short-term inhibition was imposed to preserve the suit property and expedite the suit in line with the overriding objective.
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Tikolo v Bethwell (Environment and Land Case E010 of 2024) [2026] KEELC 5065 (KLR) (23 July 2026) (Judgment)
The defendant lacked legal capacity to contract for the sale of land that remained in a deceased person’s name because he had no grant of letters of administration and was therefore intermeddling with estate property. The agreements were null and void ab initio and could not be specifically enforced, but restitution of the Kshs. 2,400,000 paid by the plaintiff was warranted to prevent unjust enrichment.
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Tunoi v Stuart & another (Miscellaneous Application 255 of 2012) [2026] KEHC 12382 (KLR) (Commercial and Tax) (23 July 2026) (Ruling)
The application was not statute barred because the applicant had taken meaningful steps in related post-judgment proceedings and was hindered by missing court files, which the court treated as a plausible excuse delaying execution. Leave under section 94 was therefore warranted. On the merits, the court found a real risk that the estate administrators could dispose of the only identified asset and thereby defeat execution, while the decree had existed during the deceased’s lifetime and ought to have been disclosed as a liability of the estate. Preservation and attachment orders were therefore…
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Mutyanziu v Honourable Senior Principal Magistrate, Makindu Law Courts & 3 others (Constitutional Petition E008 of 2024) [2026] KEHC 10952 (KLR) (17 July 2026) (Judgment)
The petition failed at the threshold stage. It did not plead or prove with precision a constitutional violation attributable to the 1st Respondent, who was acting in a judicial capacity and therefore enjoyed Article 160 immunity. The complaints were matters that ought to have been pursued through appeal or review, and the doctrine of constitutional avoidance applied. In addition, the impugned citation proceedings had already been closed, so the prayers for certiorari, prohibition, and mandamus were overtaken by events. Without a demonstrated constitutional wrong, there was no basis for damage…
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Suleiman & 4 others v Issa & 2 others (Environment and Land Case 398 of 2017) [2026] KEELC 4484 (KLR) (9 July 2026) (Ruling)
The Court held that it was functus officio after its 6 December 2022 judgment and the Court of Appeal’s affirmance on 18 July 2025, so there was no live suit for post-judgment joinder. The applicants failed to prove the judgment was a nullity, failed to justify review or stay, and were barred by delay and prior knowledge from reopening the matter. Their Notice of Motion was therefore dismissed.
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