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Banking and finance law [2026] KECA 1629 (KLR)

Kariuki v Family Bank Ltd & another

Kariuki v Family Bank Ltd & another (Civil Appeal (Application) E008 of 2025) [2026] KECA 1629 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Appeal (Application) E008 of 2025
Judge
["PM Gachoka", "WK Korir", "L Ndolo"]

Although the applicant raised arguable complaints on notices and valuation, he failed the nugatory test because the charged property was commercial security, the bank was regulated, and any wrongful sale could be compensated by damages; therefore, injunctive relief under rule 5(2)(b) was unavailable.

Source excerpt

  • Rule 5(2)(b) application
  • Statutory power of sale
  • Land act statutory notices
  • Auctioneers rules notices
  • Valuation of charged property
  • Arguable appeal test
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Constitutional law [2026] KEHC 12073 (KLR)

Chamao & 2 others v Cabinet Secretary, Ministry of Energy and Petroleum & 7 others

Chamao & 2 others v Cabinet Secretary, Ministry of Energy and Petroleum & 7 others (Constitutional Petition E356 of 2026) [2026] KEHC 12073 (KLR) (Constitutional and Human Rights) (31 July 2026) (Ruling)

Court
High Court
Case number
Constitutional Petition E356 of 2026
Judge
["D Mburu"]

The Court held that KETRACO is not among the entities listed under the Government-Owned Enterprises Act, 2025, so the Act did not govern the challenged appointments. Because the Petitioners did not establish a prima facie case with likelihood of success, did not particularize irreparable harm, failed to show the petition would be rendered nugatory, and did not demonstrate overriding public interest, conservatory orders were refused.

Source excerpt

  • Conservatory orders
  • Prima facie case
  • Nugatory test
  • Public interest
  • Legitimate expectation
  • Statutory interpretation
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Civil procedure [2026] KECA 1653 (KLR)

Exclusive Estates Ltd v Telkom Kenya Ltd & 3 others

Exclusive Estates Ltd v Telkom Kenya Ltd & 3 others (Civil Appeal (Application) E747 of 2025) [2026] KECA 1653 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Appeal (Application) E747 of 2025
Judge
["PO Kiage", "J Mohammed", "S ole Kantai"]

Although the intended appeal was arguable, the applicant failed the nugatory limb: if the appeal succeeds the suit will simply be reinstated, the suit property has already been compulsorily acquired and developed, any loss is compensable in damages, and the relief sought would improperly affect third parties not before the Court. Because Rule 5(2)(b) requires both limbs, the application had to fail.

Source excerpt

  • Rule 5(2)(b) original jurisdiction
  • Arguable appeal
  • Nugatory test
  • Negative orders
  • Injunction pending appeal
  • Status quo ante
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Land law [2026] KEELC 4868 (KLR)

Gichuhi v Magotsi & another

Gichuhi v Magotsi & another (Environment and Land Appeal E039 of 2026) [2026] KEELC 4868 (KLR) (27 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E039 of 2026
Judge
["J Omange"]

The applicant failed to lay a sufficient factual foundation for the exercise of discretion in her favour. She did not annex the impugned ruling or order, did not explain adequately why she was dissatisfied with the magistrate’s proceedings, and did not show with clarity that the appeal was arguable or that refusal of injunction would render the appeal nugatory. The application was therefore not merited and was dismissed.

Source excerpt

  • Injunction pending appeal
  • Mandatory injunction
  • Appellate discretion
  • Arguable appeal
  • Nugatory test
  • Preservation of property
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Civil procedure [2026] KECA 1414 (KLR)

Masase & another v Speaker, County Assembly of Kisii & 6 others

Masase & another v Speaker, County Assembly of Kisii & 6 others (Civil Application E061 of 2025) [2026] KECA 1414 (KLR) (10 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E061 of 2025
Judge
["MS Asike-Makhandia", "EC Mwita", "B Ongaya"]

The applicants showed one arguable point on jurisdiction, but they failed to demonstrate that denial of injunction would render the intended appeal nugatory because the alleged harm was compensable and the committee restructuring was already fully effected; in addition, public interest and balance of convenience favored uninterrupted county assembly business, so the Rule 5(2)(b) injunction was refused.

Source excerpt

  • Rule 5(2)(b) injunctions
  • Arguable appeal
  • Nugatory test
  • Jurisdiction
  • County assembly committees
  • Political parties dispute tribunal
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Civil procedure [2026] KECA 1299 (KLR)

CMM & another v Sarita t/a Myra IVF Clinic & 3 others

CMM & another v Sarita t/a Myra IVF Clinic & 3 others (Civil Application E159 of 2026) [2026] KECA 1299 (KLR) (10 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E159 of 2026
Judge
["LK Kimaru", "M Sila", "JO Okello"]

The Court found the intended appeal arguable but held that the applicants failed to demonstrate that refusal of stay would render the appeal nugatory. The alleged loss of evidence and displacement of persons was speculative, the criminal investigation could be revived if the appeal succeeded, and granting stay would improperly reverse the High Court’s prohibitory orders rather than preserve the status quo. Since both limbs of Rule 5(2)(b) must be satisfied, the application failed.

Source excerpt

  • Rule 5(2)(b) stay of execution
  • Arguable appeal
  • Nugatory test
  • Criminal investigations
  • Prohibition orders
  • Surrogacy and ivf dispute
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Civil procedure [2026] KECA 1354 (KLR)

Magiri alias Mary Magiri (Suing as the Legal Representative of the Estate of M’magere M’anampiu - Deceased) v Magiri & 3 others

Magiri alias Mary Magiri (Suing as the Legal Representative of the Estate of M’magere M’anampiu - Deceased) v Magiri & 3 others (Civil Application E029 of 2025) [2026] KECA 1354 (KLR) (3 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E029 of 2025
Judge
["S ole Kantai", "JW Lessit", "A Ali-Aroni"]

The application failed because the impugned judgment was a negative order dismissing the suit and therefore incapable of stay; the applicant also failed to demonstrate clear possession, identifiable land occupation, or any risk that the intended appeal would be rendered nugatory, so both limbs of rule 5(2)(b) were not met.

Source excerpt

  • Stay of execution
  • Temporary injunction pending appeal
  • Negative orders
  • Arguable appeal
  • Nugatory test
  • Adverse possession
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Civil procedure [2026] KECA 1121 (KLR)

Erdemann Property Ltd v Board of Management, Ngara Girls High School & 3 others

Erdemann Property Ltd v Board of Management, Ngara Girls High School & 3 others (Civil Application E510 of 2025) [2026] KECA 1121 (KLR) (12 June 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E510 of 2025
Judge
["DK Musinga", "M Ngugi", "GV Odunga"]

The applicant raised arguable grounds on jurisdiction and trespass, and execution of the ELC decree—especially demolition, restoration, and payment of Kshs. 23,000,000 to a publicly funded school—would likely render the appeal nugatory; however, because the School is a public institution serving children, stay was granted only on strict conditions requiring immediate cessation of the polluting batching plant and a bank guarantee for the decretal sum.

Source excerpt

  • Stay of execution pending appeal
  • Injunction pending appeal
  • Arguable appeal
  • Nugatory test
  • Jurisdiction and alternative remedies
  • Trespass to land
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Civil procedure [2026] KECA 1127 (KLR)

Riverbank Plaza Ltd v City Council of Nairobi

Riverbank Plaza Ltd v City Council of Nairobi (Civil Application E061 of 2026) [2026] KECA 1127 (KLR) (12 June 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E061 of 2026
Judge
["W Karanja", "A Ali-Aroni", "LM Njuguna"]

Although the applicant raised arguable grounds of appeal challenging the legality of the cancellation of its title, it failed on the nugatory limb because the effects of the impugned judgment were reversible through rectification of the land register and, if successful, compensation in damages was available. The twin requirements under rule 5(2)(b) were therefore not satisfied.

Source excerpt

  • Stay of execution
  • Injunction
  • Rule 5(2)(b) of the court of appeal rules
  • Arguable appeal
  • Nugatory test
  • Ownership and title to land
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Civil procedure [2026] KECA 1097 (KLR)

Kiptum v Wamoto & 5 others

Kiptum v Wamoto & 5 others (Civil Application E034 of 2026) [2026] KECA 1097 (KLR) (12 June 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E034 of 2026
Judge
["PM Gachoka", "WK Korir", "L Ndolo"]

The applicants established that the intended appeal was arguable, but they failed to prove that the appeal would be rendered nugatory because the dispute over whether the titles lie on a road reserve is reversible on appeal and the parties could be restored to their original positions if the appeal succeeds. As both limbs are required, the application for stay failed.

Source excerpt

  • Stay of execution pending appeal
  • Arguable appeal
  • Nugatory test
  • Road reserve dispute
  • Title cancellation
  • Boundary dispute
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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.