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The appeal partly succeeded. The court set aside unpleaded findings on fraud and estate ownership, but upheld dismissal of the suit and the costs order.
In re Mugwika (Deceased) (Civil Appeal E106 of 2024) [2026] KEHC 13092 (KLR) (18 August 2026) (Judgment)
The alleged oral will was not proved because no attesting or independent witnesses testified and the date of the alleged will was uncertain, so the estate fell to be treated as intestate. The evidence supported that 2 acres had been sold to Telegina Muiti Nkonge and the daughters had already benefited from the proceeds during the deceased’s lifetime. Applying section 42 of the Law of Succession Act and the principle of equality among children, the appellate court found the trial court’s distribution to the extent it favored the sons unfair to the daughters and substituted a new equitable dist…
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Kinegeni v Kinegeni & another (Land Case Appeal E019 of 2024) [2026] KEELC 5320 (KLR) (17 August 2026) (Judgment)
The respondents pleaded fraud with sufficient particulars, but they failed to prove the pleaded fraud. Their case rested largely on suspicion, general assertions of the deceased's illness, and untested allegations of forgery and incapacity. They produced no cogent evidence of forged documents, no proof of mental incapacity on the specific transfer date, and no registry evidence from the Land Registrar. By contrast, the admitted additional evidence showed that the Land Control Board sanctioned the transfer and that the transfer was presented for registration on 22/11/2019. The appellant's titl…
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Kibira v Machang’a & another (Environment and Land Appeal E017 of 2025) [2026] KEELC 5333 (KLR) (12 August 2026) (Judgment)
The appellant did not prove full payment of the purchase price, yet that fact was essential to establishing a completed and enforceable sale agreement capable of specific performance. Since the evidence did not show completion of the contractual obligations, the trial court correctly refused specific performance and the appeal failed.
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Kenya Revenue Authority v Shijenje & 3 others (Civil Appeal E450 of 2021) [2026] KECA 1603 (KLR) (31 July 2026) (Judgment)
The Court of Appeal held that the letters of 8 March 2019 and 28 March 2019 were indeed further investigatory steps, but that such post-charge investigations did not, by themselves, violate the respondents’ right to a fair trial. It also held that the respondents failed to plead and prove several alleged constitutional violations with the required precision. However, because the High Court ignored the pleaded question of forum shopping and abuse of process, and the record showed the constitutional petition duplicated an existing Magistrates’ Court application between the same parties on the s…
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Bushuru v Republic (Criminal Appeal E102 of 2021) [2026] KECA 1621 (KLR) (31 July 2026) (Judgment)
The Court held that the deceased's death and cause of death were proved by the eyewitness and photographic evidence notwithstanding the absence of a post-mortem report; that the circumstantial evidence, including the deceased's blood on the appellant's clothes, his unexplained disappearance during the critical hours, and the traces of blood in the house, formed a complete chain pointing to his guilt; and that malice aforethought was inferable from the violent injuries inflicted. The sentence was upheld because the trial court had already considered the appellant's nine years in pre-trial cust…
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Mband & another v Republic (Criminal Appeal E294 of 2022) [2026] KECA 1624 (KLR) (31 July 2026) (Judgment)
The prosecution proved beyond reasonable doubt that the appellants jointly assaulted and fatally stabbed the deceased, and the nature, location, and manner of the injuries established malice aforethought for murder. However, although the trial court noted mitigation, it did not sufficiently demonstrate individualized sentencing consideration; the death sentence was therefore excessive and was substituted with a term of imprisonment.
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Oyugi v Republic (Criminal Appeal E094 of 2023) [2026] KECA 1623 (KLR) (31 July 2026) (Judgment)
The conviction was upheld because the circumstantial evidence formed a complete and unbroken chain that irresistibly pointed to the appellant as the killer, the intoxication defence was not proved, and malice aforethought was established from the deliberate luring of the child and use of a machete. The death sentence was replaced because sentencing must be individualized under Muruatetu and the trial court failed to properly consider mitigation and reform.
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Mwende & another v Mwaniki (Civil Appeal E1220 of 2024) [2026] KEHC 12422 (KLR) (30 July 2026) (Judgment)
The appellate court held that the evidence on liability was inconclusive because PW2 was not the investigating officer, investigations were pending, and the police abstract alone could not conclusively fix blame. In the circumstances, liability was apportioned equally at 50:50 between the appellants and the respondent. The award of general damages was not shown to be excessive or based on wrong principles and was therefore upheld.
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Republic v Ojaamong & 8 others (Criminal Appeal E015 of 2025) [2026] KEHC 12309 (KLR) (Anti-Corruption and Economic Crimes) (29 July 2026) (Judgment)
The prosecution failed to prove beyond reasonable doubt that the respondents conspired, acted without prior planning, abused office, unlawfully managed funds, fraudulently acquired public property, or failed to pay taxes. The evidence showed the project was contained in county planning and budget documents, approved through county processes, and supported by witness testimony that payments were authorized and services were rendered. The alleged criminality was therefore not established.
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