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Succession law [2026] KEHC 12061 (KLR)

In re Estate of Wagacha (Deceased)

In re Estate of Wagacha (Deceased) (Succession Cause E200 of 2022) [2026] KEHC 12061 (KLR) (Family) (30 July 2026) (Ruling)

Court
High Court
Case number
Succession Cause E200 of 2022
Judge
["H Namisi"]

The Applicants failed to prove any actual or perceived bias. The challenged orders were neutral measures aimed at preserving the estate after the parties failed to agree on joint administration, and disagreement with those orders did not meet the objective threshold for recusal. The application was therefore dismissed.

Source excerpt

  • Recusal
  • Bias and reasonable apprehension of bias
  • Duty to sit
  • Estate preservation
  • Interlocutory case management
  • Contempt of court
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Succession law [2026] KEHC 12638 (KLR)

In re Estate of Kigo (Deceased)

In re Estate of Kigo (Deceased) (Succession Cause 155 of 2008) [2026] KEHC 12638 (KLR) (29 July 2026) (Ruling)

Court
High Court
Case number
Succession Cause 155 of 2008
Judge
["DKN Magare"]

The court held that it lacked jurisdiction to entertain a succession application seeking cancellation of alleged transfers and related land remedies because the matter fell within land registration and potentially contempt or Environment and Land Court jurisdiction; further, the alleged transfer was not proved to have breached the court’s order, and any unlawful transfer would in any event be a nullity. The application was therefore premature and struck out.

Source excerpt

  • Jurisdiction of the high court versus environment and land court
  • Life interest in estate property
  • Transmission and registration of land
  • Violation of court orders
  • Contempt of court
  • Costs
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Constitutional law [2026] KEHC 12895 (KLR)

Novel Tobacco Products Association v Cabinet Secretary, Ministry of Health & 4 others

Novel Tobacco Products Association v Cabinet Secretary, Ministry of Health & 4 others (Petition E443 of 1000) [2026] KEHC 12895 (KLR) (Constitutional and Human Rights) (28 July 2026) (Judgment)

Court
High Court
Case number
Petition E443 of 1000
Judge
["B Mwamuye"]

The Shisha Rules ceased to have effect when the Respondents failed to regularize them within nine months of the High Court judgment of 26 July 2018, read together with section 11(4) of the Statutory Instruments Act. The 2025 press releases and directive therefore rested on a non-existent legal basis and were unlawful. The resulting enforcement actions violated Articles 27, 40, 47, and 50(2)(n), entitling the Petitioner to declaratory relief and certiorari, but not contempt.

Source excerpt

  • Validity of subsidiary legislation
  • Enforcement of shisha ban
  • Locus standi of associations
  • Delay/laches in constitutional petitions
  • Fair administrative action
  • Equality and non-discrimination
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Constitutional law [2026] KEELC 5205 (KLR)

Mathenge & 4 others v Rohim City of the Lord Churcн through tts Registered Trustees & 4 others

Mathenge & 4 others v Rohim City of the Lord Churcн through tts Registered Trustees & 4 others (Environment and Land Petition E001 of 2025) [2026] KEELC 5205 (KLR) (22 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Petition E001 of 2025
Judge
["EK Makori"]

The applicants did not identify the specific words or conduct said to demonstrate bias, and their complaints were essentially dissatisfaction with perceived handling of interim orders and alleged contempt by the respondents. Applying the objective test, no reasonable informed observer would conclude that the court was biased. The proper remedy for alleged breach of orders was contempt proceedings, not recusal. The motion therefore failed.

Source excerpt

  • Recusal of judge
  • Bias and apprehension of bias
  • Fair hearing
  • Forum shopping
  • Interlocutory applications
  • Contempt of court
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Constitutional law [2026] KEHC 11504 (KLR)

Kenya Breweries Ltd v Mutuku & 6 others

Kenya Breweries Ltd v Mutuku & 6 others (Petition E029 of 2024) [2026] KEHC 11504 (KLR) (Commercial and Tax) (16 July 2026) (Ruling)

Court
High Court
Case number
Petition E029 of 2024
Judge
["F Gikonyo"]

The contempt motion by KBL failed because the challenged affidavit was withdrawn and the letters to CAK and DPP were for different purposes and did not amount to contempt or impermissible duplication. The criminal stay motion failed because the applicants did not prove abuse of process or illegality, and section 193A permits concurrent civil and criminal proceedings. The setting-aside motion succeeded because the conservatory order had remained in place for an extended period, the petition had stalled, arbitration is constitutionally protected, and KBL has alternative statutory remedies to ch…

Source excerpt

  • Contempt of court
  • Practicing certificate and unqualified advocate
  • Conservatory orders
  • Setting aside ex parte orders
  • Concurrent civil and criminal proceedings
  • Alternative dispute resolution
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Civil procedure [2026] KEHC 11469 (KLR)

Jilk Construction Company Ltd v Diageo PLC & 3 others

Jilk Construction Company Ltd v Diageo PLC & 3 others (Civil Case E032 of 2026) [2026] KEHC 11469 (KLR) (16 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E032 of 2026
Judge
["F Gikonyo"]

JILK’s preliminary objection failed because it required factual evaluation, not a pure point of law. Diageo proved that Mr. Kibe lacked a practicing certificate from 1.1.2026 to 10.3.2026, but section 34B of the Advocates Act preserved the validity of pleadings and other legal documents prepared during that period, so expungement was refused; however, Mr. Kibe was denied costs for work done during the non-compliance period. JILK also failed to prove a real conflict of interest or real prejudice sufficient to bar Mohammed Muigai LLP from representing EABL.

Source excerpt

  • Preliminary objection
  • Practicing certificate validity
  • Contempt of court
  • Expungement of pleadings
  • Conflict of interest
  • Advocate disqualification
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Constitutional law [2026] KEHC 13094 (KLR)

Prime Bank Ltd & another v Principal Kadhi & 2 others

Prime Bank Ltd & another v Principal Kadhi & 2 others (Constitutional Petition E029 of 2024) [2026] KEHC 13094 (KLR) (15 July 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E029 of 2024
Judge
["J Ngaah"]

The petition was struck out because the dispute arose from an order of the Kadhi's Court and the petitioners had an express appellate remedy under Regulation 86, which they ignored. The court held that the matter was properly resolvable through the ordinary appeal process, not through constitutional litigation, and that the petitioners' own depositions showed they had become parties, participated in the proceedings, and had been given an opportunity to be heard. The petition was therefore an abuse of process.

Source excerpt

  • Constitutional avoidance
  • Fair hearing
  • Fair administrative action
  • Contempt of court
  • Appeals from kadhi's court
  • Abuse of process
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Succession law [2026] KEHC 9765 (KLR)

Njenga & 3 others v Gichia

Njenga & 3 others v Gichia (Civil Appeal E015 of 2024) [2026] KEHC 9765 (KLR) (3 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E015 of 2024
Judge
["KL Kandet"]

The appeal failed because the Appellants knew of a subsisting consent order requiring representatives from both sides to institute the succession cause, yet they petitioned without disclosing it to the succession court. That omission amounted to concealment of a material fact within section 76 of the Law of Succession Act. The trial magistrate therefore properly revoked the grant, and the appellate court had no basis to interfere.

Source excerpt

  • Revocation of grant
  • Concealment of material facts
  • Consent orders
  • Priority in petitioning for letters of administration
  • Contempt of court
  • First appellate review
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Land law [2026] KEELC 4604 (KLR)

Kibui (Suing as the Administrator of the Estate of Mary Wangechi Kibui) v Kibui & 4 others

Kibui (Suing as the Administrator of the Estate of Mary Wangechi Kibui) v Kibui & 4 others (Environment and Land Case 200 of 2016) [2026] KEELC 4604 (KLR) (2 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 200 of 2016
Judge
["EK Makori"]

The application partially succeeded because the court could facilitate execution of the existing Court of Appeal decree, grant leave for change of advocates, and order compliance steps ancillary to execution; however, it declined redundant substantive prayers already covered by the decree or barred by functus officio. The respondent’s title had been revoked, therefore eviction and delivery of vacant possession were lawful execution measures, and the respondent was required to account for mesne profits and surrender the revoked title deed.

Source excerpt

  • Post-judgment change of advocate
  • Execution of decree
  • Eviction
  • Mesne profits
  • Re-registration of title
  • Functus officio
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Land law [2026] KEELC 4207 (KLR)

Nyamu v Gathege

Nyamu v Gathege (Environment and Land Appeal E005 of 2024) [2026] KEELC 4207 (KLR) (1 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E005 of 2024
Judge
["EK Makori"]

The court held that, although the decree in favour of the applicant/respondent was executable and no stay orders existed, the appellate court itself could not execute the lower court's decree by issuing eviction and ancillary enforcement orders. Execution-related relief had to be sought before the court that passed the decree, namely the Chief Magistrate's Court at Mukurweini. The application was therefore not granted in this court.

Source excerpt

  • Eviction
  • Caution removal
  • Execution by court
  • Sub judice
  • Stay of execution
  • Contempt of 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.