Kenya Case Law

Mangera v Robi & another

Mangera v Robi & another (Constitutional Petition E003 of 2026) [2026] KEELC 5258 (KLR) (30 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Constitutional Petition E003 of 2026

Judge

["FO Nyagaka"]

The Applicant proved a prima facie case through an undisputed title deed and evidence of partial demolition on his private land, showed likely irreparable harm from destruction of business premises and disruption of livelihoods, and the balance of convenience favored preserving the status quo pending trial. The Respondents’ denials did not justify lifting interim protection. Questions on personal liability and joinder raised disputed facts unsuitable for determination at the interlocutory stage, so the joinder objection was declined as premature. The police compliance order was retained to pr…

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• Temporary injunction
• Prima facie case
• Irreparable harm
• Balance of convenience
• Article 40 property rights
• Misjoinder/non-joinder of parties

Kitale Sacco v Nambuko

Kitale Sacco v Nambuko (Civil Appeal E040 of 2025) [2026] KEHC 10252 (KLR) (7 July 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E040 of 2025

Judge

["RK Ondieki"]

The trial court erred by declining to interrogate the basis of the consent orders despite the appellant’s challenge to the underlying motor vehicle details and ownership. Because the respondent relied on submissions instead of evidence to establish the critical facts, the consent orders lacked a proper evidential foundation and could not stand. The appellate court therefore set aside the ruling and allowed the motion as prayed, with costs to the appellant.

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• Setting aside consent orders
• Consent judgments
• Evidence versus submissions
• Misjoinder/non-joinder of parties
• Registered ownership of motor vehicle
• Appellate interference with trial court discretion

Universal Traders Sacco Ltd v Jane Njue Kaunga

Court

Cooperative Tribunal

Case number

Tribunal Case 630 of 2019

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "P. Gichuki", "M Chesikaw", "PO Aol"]

The Cooperative Tribunal allowed an application to amend pleadings to correct the respondent’s name from Jane Njue Kaunga to Jane Njuhi Kaunga.

• Amendment of pleadings
• Misjoinder/non-joinder of parties
• Correction of party name
• Prejudice
• Leave of court
• Costs