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Civil procedure [2026] KEHC 13122 (KLR)

Linturi v M'Ethingia

Linturi v M'Ethingia (Civil Suit E005 of 2026) [2026] KEHC 13122 (KLR) (18 August 2026) (Ruling)

Court
High Court
Case number
Civil Suit E005 of 2026
Judge
["HM Nyaga"]

The court held that it could not conclusively determine at the interlocutory stage whether the impugned political statements were manifestly defamatory or were political rhetoric requiring full trial interrogation, and therefore the applicant had not established a clear prima facie case; further, any proven reputational injury could be compensated by damages and the balance of convenience favored declining a blanket gag order that would improperly restrict political campaigning and expression.

Source excerpt

  • Temporary injunction
  • Prima facie case
  • Irreparable harm
  • Balance of convenience
  • Political speech
  • Freedom of expression
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Defamation [2026] KEHC 12565 (KLR)

Chesang v Standard Group PLC

Chesang v Standard Group PLC (Civil Case E101 of 2026) [2026] KEHC 12565 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E101 of 2026
Judge
["KL Kandet"]

The Applicant failed to satisfy the heightened test for interlocutory relief in defamation. The Respondent raised substantive, non-frivolous defences, the truthfulness and malice allegations required trial evidence, damages remained an adequate remedy, and this was not an exceptional case justifying prior restraint or mandatory takedown at the interlocutory stage.

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prior restraint
  • Freedom of expression
  • Reputation and dignity
  • Public interest publications
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Civil procedure [2026] KEHC 12161 (KLR)

Nasher v Mohammed

Nasher v Mohammed (Civil Suit E006 of 2026) [2026] KEHC 12161 (KLR) (29 July 2026) (Ruling)

Court
High Court
Case number
Civil Suit E006 of 2026
Judge
["JM Nang'ea"]

The court found that the Applicant established a prima facie case and risk of irreparable reputational harm sufficient to justify a temporary prohibitory injunction, but did not establish the clear and special circumstances required for an interlocutory mandatory injunction because defamation could not be conclusively determined without trial evidence. The court also held that although it had jurisdiction, the suit should in the first instance be heard by the Chief Magistrate’s Court because the claimed sum fell within its pecuniary limit and transfer better served administrative efficiency a…

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prohibitory injunction
  • Defamation and reputation
  • Freedom of expression
  • Transfer of suit to subordinate court
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Civil procedure [2026] KEHC 11164 (KLR)

Lenaola v Andayi

Lenaola v Andayi (Civil Case E292 of 2025) [2026] KEHC 11164 (KLR) (Civ) (23 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E292 of 2025
Judge
["JN Mulwa"]

The Court found that the impugned social media posts, viewed collectively, were prima facie defamatory and went beyond protected expression. The Respondent’s material was insufficient at this stage to defeat the Applicant’s case, and the Applicant established irreparable harm and favorable balance of convenience. However, the Court refused mandatory injunctive relief because the matter had not been tested at trial and the exceptional threshold for such relief was not met.

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prohibitory injunction
  • Freedom of expression
  • Social media publications
  • Reputation and irreparable harm
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Civil procedure [2026] KEHC 10407 (KLR)

Gitonga v Muchiri & 2 others

Gitonga v Muchiri & 2 others (Civil Case E280 of 2025) [2026] KEHC 10407 (KLR) (Civ) (6 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E280 of 2025
Judge
["KL Kandet"]

The Court found that the Applicant established a prima facie case for temporary injunctive relief because the 1st Respondent admitted making the impugned statements, the statements were published on a globally accessible platform, and their ordinary meaning was capable of depicting the Applicant as a thief, land grabber and criminal. The Court held that the justification defence and the management disputes surrounding Embakasi Ranching Company Limited were matters for trial and did not defeat interim protection. Damages would not adequately cure continued online publication, and the balance o…

Source excerpt

  • Temporary injunction
  • Online publication
  • Defamatory statements
  • Fair comment
  • Justification
  • Freedom of expression
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Constitutional law [2026] KEHC 9798 (KLR)

Law Society of Kenya & another v Communications Authority of Kenya & 7 others

Law Society of Kenya & another v Communications Authority of Kenya & 7 others (Petition E390 of 2025) [2026] KEHC 9798 (KLR) (Constitutional and Human Rights) (3 July 2026) (Ruling)

Court
High Court
Case number
Petition E390 of 2025
Judge
["RE Aburili"]

The petition was struck out because the exact directive challenged had already been set aside in Judicial Review E176 of 2025, where certiorari and prohibition were granted. The present proceedings attempted to re-litigate matters conclusively determined by a court of competent jurisdiction, and were therefore res judicata.

Source excerpt

  • Res judicata
  • Conservatory orders
  • Certiorari
  • Prohibition
  • Freedom of expression
  • Freedom of the media
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Constitutional law [2026] KEHC 9581 (KLR)

Agwanda v Attorney General & 3 others

Agwanda v Attorney General & 3 others (Constitutional Petition E004 of 2023) [2026] KEHC 9581 (KLR) (3 July 2026) (Ruling)

Court
High Court
Case number
Constitutional Petition E004 of 2023
Judge
["A Mabeya"]

The entire petition attacked the constitutionality of section 23 of the Computer Misuse and Cybercrimes Act, and that issue had already been finally determined on the merits in BAKE v Attorney General & 3 Others by a court of competent jurisdiction. The petitioner’s absence from the earlier case did not displace res judicata because the subject matter and cause of action were the same, so the court had to down its tools and strike out the petition.

Source excerpt

  • Res judicata
  • Freedom of expression
  • Constitutionality of section 23 of the computer misuse and cybercrimes act
  • Preliminary objection
  • Striking out petition
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Constitutional law [2026] KEHC 9453 (KLR)

Law Society of Kenya & 8 others v Attorney General & 17 others

Law Society of Kenya & 8 others v Attorney General & 17 others (Constitutional Petition E671, E673, E677, E698, E705 & E716 of 2025 (Consolidated)) [2026] KEHC 9453 (KLR) (Constitutional and Human Rights) (2 July 2026) (Judgment)

Court
High Court
Case number
Constitutional Petition E671 of 2025
Judge
["PM Nyaundi"]

The court held that the challenge to section 6(1)(ja) and part of section 27 was not barred in full by res judicata because the 2025 amendments introduced new constitutional questions, but the res judicata doctrine did bar prayers attacking section 27(1)(c), section 27 penalties, and the morality-based claim already determined in prior litigation. The court found the legislative process complied with public participation requirements and did not require Senate involvement because the amendments did not concern county functions. On the merits, section 6(1)(ja) was unconstitutional because it e…

Source excerpt

  • Res judicata
  • Public participation
  • Bicameralism
  • Vagueness and overbreadth
  • Prior restraint
  • Freedom of expression
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Civil procedure [2026] KEHC 9681 (KLR)

Ghalinle & another v Kanchory (alias Saitabao Kanchory Mbalelo)

Ghalinle & another v Kanchory (alias Saitabao Kanchory Mbalelo) (Civil Case E040 of 2026) [2026] KEHC 9681 (KLR) (Civ) (25 June 2026) (Ruling)

Court
High Court
Case number
Civil Case E040 of 2026
Judge
["SN Mutuku"]

The Respondent failed to establish sub judice because the earlier insolvency application involved different parties in a different context and only partial overlap in subject matter. The Applicants established a prima facie case and showed that continued publication of defamatory allegations concerning fraud and mismanagement threatened irreparable reputational harm not adequately compensable by damages. The balance of convenience favored protecting the Applicants’ reputation, but the request for a mandatory injunction to delete existing posts was refused because it was interlocutory, final i…

Source excerpt

  • Temporary injunction
  • Mandatory injunction
  • Sub judice
  • Prima facie case
  • Irreparable harm
  • Balance of convenience
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Environment and land law [2026] KEELC 3350 (KLR)

Muchiri v Ndoria & 3 others

Muchiri v Ndoria & 3 others (Environment and Land Case E443 of 2025) [2026] KEELC 3350 (KLR) (22 May 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E443 of 2025
Judge
["TW Murigi"]

The Applicant sought mandatory orders that would reopen access and remove physical restrictions, which would materially alter the status quo and grant the substance of the final reliefs before trial. The Court found that the access dispute, the legality of the by-laws, the planning position, and the alleged discrimination were contested issues for trial, and that no special circumstances or clear prima facie case had been shown to justify interlocutory mandatory relief. The prayer restraining residents from media publication was also improper because it sought to bind non-parties and would un…

Source excerpt

  • Interlocutory injunction
  • Mandatory injunction
  • Prima facie case
  • Access to property
  • Discrimination
  • Freedom of expression
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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.