Kenya Case Law

Nyambok v Shikuku

Nyambok v Shikuku [2025] KEHC 10572 (KLR)

Court

High Court

Case number

Civil Appeal E009 of 2025

Judge

A Mabeya

The High Court found that the respondent had proved, on a balance of probabilities, that he sustained soft tissue injuries and a dislocated ankle joint as a result of the appellant's negligent driving. The appellant failed to adduce any evidence to challenge the respondent’s account, rendering the respondent’s evidence uncontroverted. The trial court’s award of Kshs. 350,000 as general damages was within the range for comparable injuries and did not amount to an excessive or erroneous exercise of discretion. On special damages, the receipts produced, though lacking stamp duty stamps, were adm…

Source excerpt

• Road Traffic Accidents
• Assessment Of Damages
• Burden Of Proof
• Admissibility Of Evidence

Ngutuny v Kenya National Highways Authority & another

Ngutuny v Kenya National Highways Authority & another [2025] KEHC 10573 (KLR)

Court

High Court

Case number

Civil Appeal E160 of 2024

Judge

A Mabeya

The court found that the additional evidence the appellant sought to introduce was available and within her knowledge at the time of the trial. The issue of service of statutory notice was raised in the 1st respondent's defence, and the appellant had the opportunity and obligation to address it during the trial. The court held that the appellant failed to exercise reasonable diligence in adducing the evidence at the appropriate stage. Allowing the evidence on appeal would amount to filling gaps in the appellant's case, which is not permissible under the governing legal principles. The applica…

Source excerpt

• Additional Evidence On Appeal
• Appellate Powers
• Admissibility Of Evidence
• Reasonable Diligence

Musyoka v Republic

Musyoka v Republic [2025] KECA 1318 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 76 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal upheld Peter Wambua Musyoka’s murder conviction, relying on a dying declaration, circumstantial evidence, and DNA links to the weapon.

• Murder
• Dying Declaration
• Circumstantial Evidence
• Malice Aforethought
• Sentencing Guidelines
• Admissibility Of Evidence

Adeojo v Kenya Kazi Limited

Adeojo v Kenya Kazi Limited [2025] KEELRC 2150 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E205 of 2025

Judge

AK Nzei

The court found that the respondent had made a clear, unchallenged offer to pay the claimant specific terminal dues (payment in lieu of notice and leave not taken) as evidenced by the draft separation agreement and written offer. The respondent's subsequent refusal to pay these sums, solely because the claimant sought additional relief, was unjustified. The court held that, in the interests of fairness and given the undisputed nature of these items, the claimant was entitled to interim payment of the agreed sums pending full hearing of the suit. The respondent's application to strike out docu…

Source excerpt

• Unfair Termination
• Redundancy Procedure
• Severance Pay
• Notice Pay
• Admissibility Of Evidence

Okelo (In his capacity as Legal Representative of Ochong Okelo - Deceased) v Aguka & 2 others; Karau & 14 others (Interested Parties)

Okelo (In his capacity as Legal Representative of Ochong Okelo - Deceased) v Aguka & 2 others; Karau & 14 others (Interested Parties) [2025] KEELC 5388 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 48 of 2011

Judge

JO Mboya

The court dismissed an objection to an email and report, holding that the plaintiff could still comply with the electronic certificate requirement under Section 106B.

• Admissibility Of Evidence
• Electronic Evidence
• Documentary Evidence
• Production Of Documents
• Electronic-evidence
• Admissibility-of-documents

Njenga v Republic

Njenga v Republic [2025] KEHC 10382 (KLR)

Court

High Court

Case number

Criminal Appeal E027 of 2024

Judge

AK Ndung'u

The High Court allowed a criminal appeal for stealing by servant, holding that the prosecution’s key documentary evidence was inadmissible and insufficient.

• Stealing By Servant
• Burden Of Proof
• Admissibility Of Evidence
• Documentary Evidence
• Standard Of Proof
• Criminal Appeals

Republic v Gidion alias Sonko & 2 others

Republic v Gidion alias Sonko & 2 others [2025] KEMC 163 (KLR)

Court

Magistrate's Court

Case number

Anti-Corruption and Economic Crimes Case 1 of 2020

Judge

CN Ondieki

The court held that unless the objection to the production of documentary evidence is plain, obvious, or requires immediate determination (such as those relating to rules of examination or hearsay), the proper course is to allow the document to be produced as an exhibit, subject to cross-examination and a continuing objection. The determination of admissibility and relevancy should be deferred to the final stage of the trial, when the court will consider all evidence and arguments before making a ruling under section 215 of the Criminal Procedure Code. This approach is consistent with the con…

Source excerpt

• Admissibility Of Evidence
• Trial Objections
• Documentary Evidence
• Right To Fair Trial

Equity Masters Limited v Muchobia & another

Equity Masters Limited v Muchobia & another [2025] KEELC 5367 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E032 of 2024

Judge

JM Onyango

The court found that the Appellant, despite holding a certificate of lease, failed to establish a valid root of title to the suit property. The evidence presented by the Appellant, including the sale agreement and correspondence from Mbo-i-Kamiti Farmers Company Limited, was general and did not specifically demonstrate payment or transfer of the suit property. The Appellant did not produce a share certificate or call witnesses from Mbo-i-Kamiti to substantiate its claim. In contrast, the 1st Respondent provided a sale agreement, proof of payment, a share certificate, and a register excerpt sh…

Source excerpt

• Land Title Registration
• Root Of Title
• Nemo Dat Quod Non Habet
• Sale Of Land
• Admissibility Of Evidence
• Ownership Disputes

M'Chege v Kamuti (Suing as Legal Representative of Kamuti Kamuingu)

M'Chege v Kamuti (Suing as Legal Representative of Kamuti Kamuingu) [2025] KECA 1226 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 139 of 2018

Judges

S ole Kantai, JW Lessit, AO Muchelule

The Court of Appeal dismissed an appeal over disputed land ownership, holding that the respondent had capacity to sue and that the evidence supported a constructive trust and transfer of half the land.

• Trusts In Land
• Fraudulent Registration
• Capacity To Sue
• Admissibility Of Evidence
• Land-trusts
• Capacity-to-sue

Oruko v Mohammed & another

Oruko v Mohammed & another [2025] KECA 1288 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 20 of 2020

Judges

HA Omondi, LK Kimaru, LA Achode

The Court of Appeal held that the appellant failed to prove negligence on the part of the respondents because the key evidence—the Medical Practitioners and Dentists Board ruling—was not formally produced as an exhibit at trial. The court emphasized that documents marked for identification but not produced have no evidential value. Furthermore, the appellant did not call the second surgeon or a Board member to testify and establish the causal link between the respondents' actions and her injuries. The court reiterated that in medical negligence claims, the burden of proof lies with the claima…

Source excerpt

• Medical Negligence
• Duty Of Care
• Burden Of Proof
• Admissibility Of Evidence