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On first appeal, the High Court set aside a 50:50 liability finding against Dandora Millers, holding the claimant failed to link the offending vehicle to the appellant, and upheld dismissal of its counterclaim for loss of user.
The Environment and Land Court dismissed an appeal in a trespass claim, holding that registration as proprietor did not establish that the respondents occupied the specific parcel without a survey or other locating evidence.
The High Court allowed the appeal by Car & General (Trading) Limited, setting aside liability against it after finding it had rebutted ownership and no vicarious link was proved.
In a double-titling dispute over Ruiru East/Juja East Block 2/3972, the court found the plaintiff failed to prove title or fraud and dismissed the suit with costs.
The High Court allowed the appeal by Car & General, finding the logbook presumption of ownership rebuts by evidence of prior sale and no basis for vicarious liability.
The accused was charged with defilement of a 15-year-old and an alternative count of indecent act with a child. The court accepted proof of age and penetration but acquitted him because identification as the perpetrator was not proved beyond reasonable doubt.
Muraya v Chief Officer Health Services Nakuru County & 2 others (Constitutional Petition E009 of 2025) [2026] KEHC 13226 (KLR) (1 September 2026) (Judgment)
The High Court at Nakuru dismissed a petition over alleged mismanagement of hospital funds, finding no proven constitutional or statutory breaches. The preliminary objection was overruled.
Njehia v Royal Autoworld International Limited & another (Civil Case E1154 of 2023) [2026] KEMC 816 (KLR) (27 August 2026) (Judgment)
The Court found that the Plaintiff did not prove fraud, forgery, or conspiracy, and the 1st Defendant only received the KShs.450,000 contractually due. However, the 2nd Defendant admitted receiving KShs.1,200,000 from the sale of the vehicle and failed to prove lawful deductions of KShs.100,000 brokerage and KShs.250,000 alleged set-off, so he was liable to account for KShs.350,000, together with interest.
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Anyumba v Kabera (Civil Case E327 of 2022) [2026] KEMC 736 (KLR) (26 August 2026) (Judgment)
The Court found directly contradictory evidence on how the accident occurred. PW3 supported the Plaintiff’s version that the Defendant’s vehicle reversed into the Plaintiff’s vehicle, but the Defendant and her witness gave the opposite account. Because the Plaintiff’s driver did not testify and no sketch map or equivalent scene evidence was produced, the Court could not hold either party solely liable. It therefore apportioned liability equally at 50:50. On quantum, repair costs and tracing/investigation expenses were proved, but re-inspection charges were not strictly proved because payment…
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Wang’ombe v Njoroge & another (Civil Case E10171 of 2021) [2026] KEHC 13118 (KLR) (26 August 2026) (Judgment)
The Plaintiff proved on a balance of probabilities that the 2nd Defendant lost proper control of the Defendant’s vehicle and was negligent; the 1st Defendant was vicariously liable because the 2nd Defendant was driving the 1st Defendant’s vehicle and no evidence rebutted the servant/agency inference; special damages were only partly proved, and the claim for loss of user, though not strictly proved at the pleaded rate, warranted a modest global award because the vehicle was a PSV and was off the road for repairs.
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