Esheria Kenya Case Law
Sign in
Kenya Source-linked decisions Coverage checked

Kenya Case Law

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

Courts on this page
2 court collections
Last checked

Search and filter Kenya case law

Results update automatically as you type.

Kenya decisions

Decisions matching the current search

Clear filters
Tort law [2026] KEMC 453 (KLR)

Vallabhdas (Suing as the legal representative of the Estate of Vallabh Nagji Vasaumiya - Deceased) v Muyesu

Vallabhdas (Suing as the legal representative of the Estate of Vallabh Nagji Vasaumiya - Deceased) v Muyesu (Civil Case E1669 of 2024) [2026] KEMC 453 (KLR) (30 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E1669 of 2024
Judge
["EM Mwamuye"]

The Plaintiff proved on a balance of probabilities that the Defendant lost control of his motor vehicle after negotiating the road bump, veered off the roadway and struck the deceased; the Defendant’s alternative version was unsupported by independent evidence and his guilty plea in the traffic proceedings materially undermined his credibility. No contributory negligence by the deceased was proved. Liability was therefore 100% against the Defendant, and damages were awarded under the Fatal Accidents Act and Law Reform Act together with strictly proved special damages.

Source excerpt

  • Negligence
  • Liability apportionment
  • Fatal accidents act
  • Law reform act
  • Special damages
  • Loss of dependency
Read case analysis
Civil procedure [2026] KEHC 11529 (KLR)

Tahir Sheikh Said Grain Millers Ltd v Milo & another (Suing as the legal representatives of the Estate of Patrick Mathuku Milo – Deceased)

Tahir Sheikh Said Grain Millers Ltd v Milo & another (Suing as the legal representatives of the Estate of Patrick Mathuku Milo – Deceased) (Civil Appeal E019 of 2025) [2026] KEHC 11529 (KLR) (23 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E019 of 2025
Judge
["JN Onyiego"]

The appeal succeeded only in part. Liability was not proved at 100% against the appellant because the respondents failed to establish the manner of occurrence; however, the deceased also bore blame. The court held that the appellant's driver, as controller of a lethal vehicle, bore 60% liability and the deceased 40%. The award for loss of dependency was upheld as reasonable for a 16-year-old student with dependent parents, so only the liability finding was disturbed and the damages were recalculated on a contributory negligence basis.

Source excerpt

  • Negligence
  • Liability apportionment
  • Burden of proof
  • Fatal accidents act dependency claims
  • Law reform act damages
  • Special damages
Read case analysis
Civil procedure [2026] KEHC 11099 (KLR)

Marangu & another v Wanjiru & 2 others

Marangu & another v Wanjiru & 2 others (Civil Suit E11 of 2019) [2026] KEHC 11099 (KLR) (Civ) (23 July 2026) (Ruling)

Court
High Court
Case number
Civil Suit E11 of 2019
Judge
["JN Mulwa"]

The 17/1/2025 application was incompetent because it was filed by new advocates after judgment without compliance with Order 9 Rule 9 and amounted to abuse of process. The court nevertheless set aside the ex parte judgment for all defendants to avoid inconsistent outcomes, because the 2nd and 3rd Defendants demonstrated an excusable insurer-related default and a triable defence, while the 1st Defendant's ownership and service objections could not be conclusively resolved at the interlocutory stage. The setting aside was conditional on a Kshs. 2,000,000 security deposit, and the impugned attac…

Source excerpt

  • Default judgment
  • Setting aside ex parte judgment
  • Post-judgment change of advocates
  • Abuse of process
  • Misjoinder
  • Vicarious liability
Read case analysis
Civil procedure [2026] KEHC 11537 (KLR)

Wambui v Busuru & another (Suing as the administrators to the Estate of the Late Jacob Wafula Busuru- Deceased)

Wambui v Busuru & another (Suing as the administrators to the Estate of the Late Jacob Wafula Busuru- Deceased) (Civil Appeal E1130 of 2025) [2026] KEHC 11537 (KLR) (23 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E1130 of 2025
Judge
["EKO Ogola"]

The suit was not barred because leave to file out of time had been granted and was never challenged. However, the trial court failed to sufficiently account for contributory negligence and applied an unrealistic 34-year multiplier to a 26-year-old informal mason. The appellate court therefore reduced liability to 80:20 and substituted a 24-year multiplier, which materially lowered the dependency award.

Source excerpt

  • Limitation of actions
  • Leave to file suit out of time
  • Liability apportionment
  • Contributory negligence
  • Assessment of damages
  • Loss of dependency
Read case analysis
Personal injury [2026] KEHC 11058 (KLR)

Kariuki (Suing as the legal and personal representative of the Estate of Loise Wanjiku Njenga - Deceased) v Mungai & another

Kariuki (Suing as the legal and personal representative of the Estate of Loise Wanjiku Njenga - Deceased) v Mungai & another (Civil Appeal E196 of 2024) [2026] KEHC 11058 (KLR) (17 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E196 of 2024
Judge
["C Akaigwa"]

The trial court was entitled to use the global sum approach because the deceased's income was not proved with sufficient certainty to justify the multiplier method, but the resulting dependency award of Kshs. 600,000 was too low in light of the deceased's age, the existence of a spouse and adult children, and comparable authorities; it was therefore substituted with Kshs. 1,100,000. The other awards were not shown to be erroneous or inordinately low or high.

Source excerpt

  • Fatal accidents act
  • Law reform act
  • Assessment of damages
  • Loss of dependency
  • Global sum approach
  • Multiplier approach
Read case analysis
Civil procedure [2026] KEHC 10715 (KLR)

Anwarali & Brothers Company Ltd v Otieno (Suing as the Administrator of the Estate of Geofrey Zebedi (Deceased))

Anwarali & Brothers Company Ltd v Otieno (Suing as the Administrator of the Estate of Geofrey Zebedi (Deceased)) (Civil Appeal E381 of 2024) [2026] KEHC 10715 (KLR) (17 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E381 of 2024
Judge
["J Ngaah"]

The respondent did not prove the specific pleaded negligence, and the trial court improperly speculated on the accident mechanism. However, the record still showed an undisputed fatal collision between the appellant's trailer and the deceased's bicycle, with neither side producing first-hand tested evidence sufficient to fix exclusive fault. In that evidential stalemate, liability was properly apportioned equally at 50:50. On quantum, the trial court's income figure and dependency ratio were not supported by the evidence; the correct dependency computation used the proved net income of Kshs 1…

Source excerpt

  • Negligence
  • Burden of proof
  • Contributory negligence
  • Vicarious liability
  • Res ipsa loquitur
  • Assessment of damages
Read case analysis
Insurance law [2026] KEHC 10075 (KLR)

Kenya Orient Insurance Company Ltd v Mlatso

Kenya Orient Insurance Company Ltd v Mlatso (Civil Appeal E252 of 2023) [2026] KEHC 10075 (KLR) (10 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E252 of 2023
Judge
["J Ngaah"]

The appeal failed because, although the trial court erred in saying the category-of-cover defence had not been pleaded, that error was immaterial. The appellant’s own policy schedule included mandatory third-party bodily injury cover for persons other than passengers carried in or upon the vehicle, the respondent was proved to be a motorcycle rider struck by the insured lorry and not a fare-paying passenger, statutory notice was served within time, and the appellant did not prove forgery or any statutory defence. The respondent therefore proved the declaratory claim on a balance of probabilit…

Source excerpt

  • Declaratory suit against insurer
  • Third party risks
  • Statutory notice under section 10
  • Burden of proof
  • Pleading and proof of policy coverage
  • Forgery allegation
Read case analysis
Civil procedure [2026] KEHC 10053 (KLR)

Kisangau v Kariuki

Kisangau v Kariuki (Civil Appeal E1209 of 2023) [2026] KEHC 10053 (KLR) (9 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E1209 of 2023
Judge
["D Mburu"]

The trial court’s damages were low on the evidence and comparable authorities. The appellate court interfered with quantum, increased general damages to Kshs 1,500,000 and diminished earning capacity to Kshs 1,200,000, upheld special damages and future medical expenses, and ordered each party to bear its own costs of the appeal.

Source excerpt

  • Quantum of damages
  • General damages
  • Diminished earning capacity
  • Comparable awards
  • First appeal standard of review
  • Future medical expenses
Read case analysis
Civil procedure [2026] KEHC 11153 (KLR)

Mutuma v Mugure

Mutuma v Mugure (Civil Appeal E314 of 2023) [2026] KEHC 11153 (KLR) (9 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E314 of 2023
Judge
["JM Omido"]

The appeal succeeded because the trial court treated proof of ownership as decisive while ignoring uncontroverted evidence that the respondent was the driver and controller of the offending vehicle. The appellant’s evidence of negligent driving and her injuries remained unrebutted because the respondent called no evidence. The court therefore held that liability was proved on a balance of probabilities, found the respondent 100% liable, and assessed damages instead of remitting the matter, awarding Ksh.450,000 general damages and Ksh.5,000 special damages with costs and interest.

Source excerpt

  • First appellate court duty of re-evaluation
  • Negligence and liability
  • Proof of ownership versus proof of driver identity
  • Uncontroverted evidence and burden of proof
  • Assessment of general and special damages
  • Costs and interest
Read case analysis
Insurance law [2026] KEMC 744 (KLR)

Wakoya v Uap Insurance Company Ltd & another

Wakoya v Uap Insurance Company Ltd & another (Civil Case E065 of 2025) [2026] KEMC 744 (KLR) (30 June 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E065 of 2025
Judge
["TO Omono"]

The Plaintiff proved that the 2nd Defendant insured the trailer/insured motor vehicle through the uncontroverted police abstract, and no statutory defence or evidence was tendered to displace the insurer’s obligation under section 10 of the Act. The 1st Defendant could not be liable because its cover was a COMESA Yellow Card that did not extend to a Kenyan accident involving a Kenyan vehicle. Accordingly, only the 2nd Defendant was liable to satisfy the decree.

Source excerpt

  • Section 10 insurer liability
  • Statutory notice
  • Police abstract as proof of coverage
  • Comesa yellow card coverage
  • Declaratory judgment on decretal sum
Read case analysis

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.