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Company law [2026] KEHC 12826 (KLR)

Khalsa v Nanji & 2 others

Khalsa v Nanji & 2 others (Commercial Case E657 of 2025) [2026] KEHC 12826 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E657 of 2025
Judge
["JWW Mong'are"]

The preliminary objection failed because sub judice required factual inquiry and was not a pure point of law, the court had jurisdiction over a derivative claim under the Companies Act, and the objection that no leave had been obtained was false because leave was expressly sought in the application. On the merits, the plaintiff produced prima facie evidence of breach of duty, conflict of interest, diversion of clients and revenue, and denial of access to company systems, satisfying the statutory threshold for permission to continue the derivative claim and justifying interim injunctions to pr…

Source excerpt

  • Derivative action
  • Leave to continue derivative claim
  • Preliminary objection
  • Res judicata/res sub judice
  • Jurisdiction
  • Fiduciary duty
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Commercial law [2026] KEHC 12821 (KLR)

Goldleaf Kenya Limited v Bank of Baroda Kenya Ltd

Goldleaf Kenya Limited v Bank of Baroda Kenya Ltd (Commercial Case E617 of 2025) [2026] KEHC 12821 (KLR) (Commercial and Tax) (4 August 2026) (Ruling)

Court
High Court
Case number
Commercial Case E617 of 2025
Judge
["RC Rutto"]

The court found that the applicant raised serious and substantial triable issues about the legality of the Kshs. 20,000,000 debit, the authority for email instructions, the scope of the fluctuation clause, and whether the restructuring agreement amounted to valid ratification or was procured under duress. Because the indebtedness was genuinely contested and sale of the charged properties would likely extinguish the applicant’s equity of redemption before those issues were tried, the applicant satisfied the Giella threshold and deserved preservation of the status quo.

Source excerpt

  • Interlocutory injunction
  • Statutory power of sale
  • Overdraft facility
  • Account mandate
  • Breach of contract
  • Fiduciary duty
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Advocacy and legal fees [2026] KEHC 12560 (KLR)

Mabonga & Co Advocates v Agricultural Development Corporation & another

Mabonga & Co Advocates v Agricultural Development Corporation & another (Civil Miscellaneous E859 of 2025) [2026] KEHC 12560 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Miscellaneous E859 of 2025
Judge
["AM Okutoyi"]

The Applicant failed to prove a separate advocate-client retainer independent of his employment as Legal Officer and committee member. The work relied upon was found to be part of his official duties, so no advocate-client relationship capable of supporting instruction fees existed. Without a retainer, the bill of costs was incompetent and struck out.

Source excerpt

  • Retainer
  • Advocate-client relationship
  • Instruction fees
  • Employment versus professional retainer
  • Conflict of interest
  • Fiduciary duty
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Civil procedure [2026] KEHC 12561 (KLR)

Mabonga & Co Advocates v Agricultural Finance Corporation & another

Mabonga & Co Advocates v Agricultural Finance Corporation & another (Civil Miscellaneous E855 of 2025) [2026] KEHC 12561 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Miscellaneous E855 of 2025
Judge
["AM Okutoyi"]

The Applicant failed to prove an independent advocate-client retainer separate from his employment as Legal Officer and committee member. Because the impugned work was part of his official responsibilities and no separate professional engagement of his firm was shown, no advocate-client relationship existed to support taxation or instruction fees. The bill was therefore incompetent and struck out with costs to the Respondents.

Source excerpt

  • Advocate-client retainer
  • Instruction fees
  • Employee-advocate conflict
  • Implied retainer
  • Fiduciary duty
  • Taxation of costs
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Advocacy and legal fees [2026] KEHC 12399 (KLR)

Mabonga & Company Advocates v Agricultural Development Corporation & another

Mabonga & Company Advocates v Agricultural Development Corporation & another (Civil Miscellaneous E863 of 2025) [2026] KEHC 12399 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Miscellaneous E863 of 2025
Judge
["AM Okutoyi"]

The Applicant failed to prove a separate advocate-client retainer independent of his employment as Legal Officer and committee member. The work relied on was treated as part of his official responsibilities, not a distinct professional brief. In the absence of retainer, there was no advocate-client relationship and no entitlement to instruction fees, so the bill was incompetent and could not be taxed.

Source excerpt

  • Advocate-client retainer
  • Instruction fees
  • Employee versus independent advocate retainer
  • Conflict of interest
  • Fiduciary duty
  • Taxation of costs
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Constitutional law [2026] KEHC 12062 (KLR)

Kasmatu Welfare Association & 47 others v Rotich & 4 others

Kasmatu Welfare Association & 47 others v Rotich & 4 others (Constitutional Petition E034 of 2024) [2026] KEHC 12062 (KLR) (29 July 2026) (Ruling)

Court
High Court
Case number
Constitutional Petition E034 of 2024
Judge
["PN Gichohi"]

The court held that the petition’s core complaint was unlawful transfer and misuse of trust land, which is substantively a dispute over title, ownership, and occupation of land. That brought the matter within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) and section 13 of the Environment and Land Court Act, and outside the High Court’s jurisdiction under Article 165(5), regardless of the constitutional labels attached to the pleadings. The preliminary objection was therefore proper and succeeded.

Source excerpt

  • Jurisdiction
  • Preliminary objection
  • Environment and land court jurisdiction
  • Title to land
  • Access to information
  • Fiduciary duty
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Civil procedure [2026] KEHC 11837 (KLR)

Kaur v Rabala t/a Rabala & Company Advocates

Kaur v Rabala t/a Rabala & Company Advocates (Miscellaneous Application E1267 of 2020) [2026] KEHC 11837 (KLR) (Commercial and Tax) (28 July 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E1267 of 2020
Judge
["BK Njoroge"]

The application failed because the applicant did not demonstrate substantial loss, did not offer the mandatory security for a money decree, and the funds sought to be retained were the respondent’s client monies held by the applicant in a fiduciary capacity; an advocate cannot invoke appeal proceedings to continue withholding a client’s money.

Source excerpt

  • Stay of execution
  • Order 42 rule 6
  • Substantial loss
  • Security for due performance
  • Money decree
  • Fiduciary duty
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Land law [2026] KEELC 5133 (KLR)

Wambugu (Suing as the Administrator Ad Litem to the Estate of Simon Wambugu Taiti - Deceased) v Wambugu & 2 others

Wambugu (Suing as the Administrator Ad Litem to the Estate of Simon Wambugu Taiti - Deceased) v Wambugu & 2 others (Environment and Land Case Civil Suit E005 of 2026) [2026] KEELC 5133 (KLR) (22 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case Civil Suit E005 of 2026
Judge
["EK Makori"]

The application failed because the challenged transfers were undertaken pursuant to existing High Court orders in Milimani Misc. Cause No. 117 of 2021, and any complaint about post-death completion or scope of those orders was a succession/probate issue for the High Court, not a basis for ELC injunctive relief. The Applicant therefore did not establish a sufficient basis for inhibition or injunction.

Source excerpt

  • Inhibition orders
  • Interlocutory injunction
  • Estate intermeddling
  • Fiduciary duty
  • Guardian and manager under the mental health act
  • Jurisdiction between elc and probate court
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Civil procedure [2026] KEHC 10380 (KLR)

Ndung'u & 3 others v Ncba Investment Bank Limited

Ndung'u & 3 others v Ncba Investment Bank Limited (Civil Suit E009 of 2024) [2026] KEHC 10380 (KLR) (9 July 2026) (Ruling)

Court
High Court
Case number
Civil Suit E009 of 2024
Judge
["E Ominde"]

The dispute emanated from the Unit Trust Scheme Trust Deed and was therefore subject to Clause 63, which mandated referral of disputes to the Capital Markets Tribunal. Because the parties had contractually chosen that forum and had not exhausted it, the suit before the High Court was premature and the objection succeeded.

Source excerpt

  • Jurisdiction
  • Exhaustion of contractual dispute resolution clause
  • Forum selection clause
  • Capital markets tribunal
  • Strike out of suit
  • Ripeness
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Civil procedure [2026] KEHC 9682 (KLR)

Ndiso (Suing as Chairman and Authorized Representatives of Nine Sisters Home Owners and Residents Karen Association) v Fatai & 8 others

Ndiso (Suing as Chairman and Authorized Representatives of Nine Sisters Home Owners and Residents Karen Association) v Fatai & 8 others (Civil Case E106 of 2026) [2026] KEHC 9682 (KLR) (Civ) (15 June 2026) (Ruling)

Court
High Court
Case number
Civil Case E106 of 2026
Judge
["SN Mutuku"]

The objection failed because it depended on contested factual matters, including the plaintiff's authority to sue, the true nature of the dispute, and whether the suit was sub judice. Those issues could not be resolved as pure points of law on a preliminary objection. The defendants therefore failed to satisfy the Mukisa Biscuit threshold.

Source excerpt

  • Preliminary objection
  • Locus standi
  • Sub judice
  • Jurisdiction of the high court
  • Proper forum
  • Amended plaint
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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.