Omollo v Kenya Power and Lighting Company PLC & another (Environment and Land Appeal E077 of 2025) [2026] KEELC 5354 (KLR) (31 August 2026) (Judgment)
Court
Environment and Land Court
Case number
Environment and Land Appeal E077 of 2025
Judge
["EK Wabwoto"]
The court dismissed an appeal over a wayleave dispute, holding that the magistrate’s court lacked jurisdiction because the Energy Act dispute process had to be exhausted first.
Gaita (Suing as the father and next friend of James Githinji Ndei) v Maingi (Civil Appeal E098 of 2023) [2026] KEHC 12197 (KLR) (30 July 2026) (Judgment)
Court
High Court
Case number
Civil Appeal E098 of 2023
Judge
["EM Muriithi"]
The claim arose from a workplace injury and was therefore subject to the mandatory statutory procedure under the Work Injury Benefits Act. The Director of Occupational Safety and Health Services was the first lawful forum to receive, investigate and determine the claim. Because the appellant filed an ordinary civil suit without first exhausting that process, the suit was instituted contrary to WIBA and the trial court correctly held that it lacked jurisdiction.
Dinesh Construction Ltd v Kenya Medical Association Housing Co-operative Society Ltd & 2 others (Civil Suit E139 of 2021) [2026] KEHC 12122 (KLR) (Commercial and Tax) (30 July 2026) (Ruling)
Court
High Court
Case number
Civil Suit E139 of 2021
Judge
["BW Murunga"]
The application failed because the impugned order was a consent order, which could only be disturbed on recognized contractual vitiating grounds that were neither pleaded nor proved, and because the motion was filed after inordinate and unexplained delay contrary to Order 45 Rule 1.
Vocal Africa v Wetangula & 4 others (Petition E442 of 2026) [2026] KEHC 11216 (KLR) (Constitutional and Human Rights) (23 July 2026) (Ruling)
Court
High Court
Case number
Petition E442 of 2026
Judge
["D Mburu"]
The objections were valid pure points of law and the petition was barred by the doctrine of exhaustion because the petitioner had not first lodged complaints with the EACC or other statutory fora. The petition concerned enforcement of Chapter Six and the Leadership and Integrity Act, matters squarely within the statutory mandate of the EACC, and no exceptional circumstances were shown to justify bypassing that mechanism. The court therefore lacked jurisdiction to entertain the petition at this stage.
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…
One Hundred and Two Peponi Road LLP & another v National Environment Management Authority & 2 others (Civil Appeal E326 of 2021) [2026] KECA 1380 (KLR) (10 July 2026) (Judgment)
Court
Court of Appeal
Case number
Civil Appeal E326 of 2021
Judge
["J Mohammed", "M Ngugi", "F Tuiyott"]
The appeal succeeded because the ELC misdirected itself by enlarging the scope of the preliminary objection to include the Physical Planning Act, which was not properly before it, and more importantly by deciding the exhaustion issue on the basis of contested affidavit material. The critical question when the appellants learned of the EIA licence was disputed and required evidence, so the matter could not be disposed of as a true preliminary objection. The ruling was therefore set aside and the matter remitted for proper interrogation of the evidence before determination of the objection.
Asin (Representing Residents of Pinebrook Premier Villas – Kajiado) v Cherd Africa Ltd & another (Environment and Planning Civil Case E001 of 2026) [2026] KEELC 4383 (KLR) (9 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Planning Civil Case E001 of 2026
Judge
["J Omange"]
The court held that it had jurisdiction because the 2nd Defendant, a public authority exercising statutory power, was not a party to the private mediation/arbitration clause and the dispute arose from public enforcement notices; the Plaintiff had sufficient authority from residents to sue; interim restraint against the County was necessary to prevent displacement pending determination; but the prayers compelling the 1st Defendant to keep providing exhauster services and to install individual septic tanks were not proved to the exceptional standard required for interlocutory mandatory relief.
Kimutai & 2 others v Kibut & others (Land Case E099 of 2025) [2026] KEELC 4241 (KLR) (9 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Land Case E099 of 2025
Judge
["CN Ondieki"]
The court found that an inhibition would cause no prejudice to the defendants and would preserve the subject land while the suit is fast-tracked to hearing and determination, so the application was allowed and the inhibition issued.
Muraguri (Suing as Personal Representative of the Estate of Njoki Githuku (Deceased)) v Kenya Power and Lighting Company & 15 others (Environment and Land Case 278 of 2016) [2026] KEELC 4506 (KLR) (8 July 2026) (Ruling)
Court
Environment and Land Court
Case number
Environment and Land Case 278 of 2016
Judge
["CK Nzili"]
The objection failed because the plaint, when read with the defence, disclosed a trespass claim and the jurisdictional/exhaustion challenge turned on contested facts and evidence, not a pure point of law. The preliminary objection was therefore a mixed question of fact and law and was incompetent. It was dismissed with costs to the Plaintiff.
Mbogo v Kamukunji Juakali Association & 2 others (Claim E001 of 2024) [2026] KEMSET 2 (KLR) (3 July 2026) (Ruling)
Court
Micro and Small Enterprises Tribunal
Case number
Claim E001 of 2024
Judge
["J.Bett", "R.Katina", "JK Biwott"]
The Tribunal dismissed a contempt application, finding no disobedience of its orders and holding that the Claimant had not paid the required monthly subscription.
Enforcement of tribunal orders
Burden and standard of proof in contempt proceedings
