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Civil procedure [2026] KEHC 12854 (KLR)

Kangethe v Attorney General & another

Kangethe v Attorney General & another (Miscellaneous Civil Application E144 of 2025) [2026] KEHC 12854 (KLR) (14 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Civil Application E144 of 2025
Judge
["J Ngaah"]

The Court held that malicious prosecution is not one of the torts covered by sections 27 and 28 of the Limitation of Actions Act, which are limited to negligence, nuisance and breach of duty involving personal injuries. Because the statute does not confer jurisdiction to extend time for malicious prosecution, the Court lacked jurisdiction to grant leave, and the application failed. Section 26 also did not apply because there was no pleaded fraud or mistake.

Source excerpt

  • Extension of time
  • Malicious prosecution
  • Jurisdiction
  • Accrual of cause of action
  • Public authorities limitation act
  • Personal injuries
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Civil procedure [2026] KEHC 12090 (KLR)

Waweru & another v Attorney General & 2 others

Waweru & another v Attorney General & 2 others (Civil Case E005 of 2025) [2026] KEHC 12090 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Case E005 of 2025
Judge
["PJO Otieno"]

The preliminary objection was competent because the relevant dates were uncontested on the face of the pleadings and public record. On those admitted facts, the malicious prosecution claim accrued on 28/02/2024 and the twelve-month limitation period expired on 28/02/2025. The plaint, filed on 22/09/2025, was therefore out of time. The related tort claim for vehicle damage was also time-barred under either accrual date advanced. The suit was statute-barred, the court lacked jurisdiction to grant relief, and it had to be struck out.

Source excerpt

  • Preliminary objection
  • Statutory limitation against public authorities
  • Malicious prosecution
  • Unlawful detention of motor vehicle
  • Accrual of cause of action
  • Jurisdiction
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Civil procedure [2026] KEHC 12496 (KLR)

General v Musau

General v Musau (Civil Appeal E371 of 2023) [2026] KEHC 12496 (KLR) (27 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E371 of 2023
Judge
["PK Rotich"]

The appeal succeeded because the respondent failed to prove that the prosecution was malicious or without reasonable and probable cause. The court held that the murder charge arose from a police report and the respondent was found to have a case to answer, which negated malice and supported reasonable cause. Since liability failed, the damages award collapsed, and the special damages claim was in any event not strictly proved.

Source excerpt

  • False imprisonment
  • Malicious prosecution
  • Reasonable and probable cause
  • Special damages
  • Quantum of damages
  • Appeals from subordinate court
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Tort law [2026] KEHC 11163 (KLR)

Warutere v Attorney General & another

Warutere v Attorney General & another (Civil Case 544 of 2012) [2026] KEHC 11163 (KLR) (Civ) (22 July 2026) (Judgment)

Court
High Court
Case number
Civil Case 544 of 2012
Judge
["JN Mulwa"]

The Plaintiff failed to prove, on a balance of probabilities, that the Defendants maliciously prosecuted her. The evidence showed that the Bank made a complaint after discovering suspicious transactions and the police acted on that complaint. The Court found reasonable and probable cause existed for the arrest and charge, and no independent evidence of malice, spite, collusion, or improper motive was proved against either Defendant. The suit therefore failed in its entirety.

Source excerpt

  • Malicious prosecution
  • Burden of proof
  • Reasonable and probable cause
  • Malice
  • Acquittal in criminal proceedings
  • Damages
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Employment and labour law [2026] KEELRC 1987 (KLR)

Chore v International Committee of the Red Cross

Chore v International Committee of the Red Cross (Petition E160 of 2025) [2026] KEELRC 1987 (KLR) (13 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E160 of 2025
Judge
["JK Gakeri"]

The court found that the Petitioner failed to prove any constitutional violation. The evidence showed he participated in the inventory audit, received a notice to show cause, ignored the disciplinary process, and failed to return to work or regularize his absence. The Respondent therefore had a valid reason and followed a fair process in summarily dismissing him for absconding duty. The malicious prosecution claim also failed because the police and ODPP made independent decisions and no malice or absence of probable cause was proved. The petition was dismissed, but the Respondent was directed…

Source excerpt

  • Unfair termination
  • Abscondment/desertion of duty
  • Fair hearing and fair administrative action
  • Human dignity
  • Malicious prosecution
  • Certificate of service
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Environment and land law [2026] KEELC 4552 (KLR)

Energy and Petroleum Regulatory Authority & another v Thirunga

Energy and Petroleum Regulatory Authority & another v Thirunga (Environment and Land Appeal E026 of 2026) [2026] KEELC 4552 (KLR) (13 July 2026) (Judgment)

Court
Environment and Land Court
Case number
Environment and Land Appeal E026 of 2026
Judge
["JO Mboya"]

The appeal failed because the malicious prosecution complaint was moot in the lower court, no award was made on it, and the only substantive awards related to loss of assets and income. On the merits, the 1st appellant did not prove service of a lawful 21-day notice under section 91 of the Petroleum Act, relied on a notice timing that was internally inconsistent, and could not justify demolition through a criminal miscellaneous order to which the respondent was not a party. The demolition was therefore unlawful and a violation of the respondent’s property rights, while the special damages wer…

Source excerpt

  • First appeal
  • Jurisdiction of elc magistrate
  • Malicious prosecution
  • Statutory notice under petroleum act
  • Unlawful demolition
  • Right to property
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Torts [2026] KEMC 299 (KLR)

Mbogori & another v Attorney General & 3 others

Mbogori & another v Attorney General & 3 others (Civil Case E053 of 2023) [2026] KEMC 299 (KLR) (13 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E053 of 2023
Judge
["D Ngayo"]

The Plaintiffs proved that the criminal case ended in their favour, but they did not prove lack of reasonable and probable cause, malice, or any evidential link showing that the sued Defendants were legally responsible for the decision to prosecute. Their acquittal was insufficient by itself. The omission of the Director of Public Prosecutions was also significant because the complaint targeted the prosecutorial decision. The suit therefore failed.

Source excerpt

  • Malicious prosecution
  • False imprisonment
  • Burden of proof
  • Reasonable and probable cause
  • Malice
  • Acquittal and civil liability
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Constitutional law [2026] KECA 1441 (KLR)

Ongoro v Director of Criminal Investigations & 4 others

Ongoro v Director of Criminal Investigations & 4 others (Civil Appeal 92 of 2020) [2026] KECA 1441 (KLR) (10 July 2026) (Judgment)

Court
Court of Appeal
Case number
Civil Appeal 92 of 2020
Judge
["MS Asike-Makhandia", "EC Mwita", "B Ongaya"]

The appellant failed to prove that his constitutional rights under Articles 27, 28, 29, 47 and 49 were violated and failed to establish malice in his arrest and prosecution. The High Court’s error on the affidavits was immaterial to the result because the appeal lacked substantive merit. The dismissal of the petition was therefore upheld.

Source excerpt

  • Violation of fundamental rights
  • Arrest and detention
  • Malicious prosecution
  • Commissioner for oaths and affidavits
  • Burden of proof in constitutional petitions
  • Police brutality
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Constitutional law [2026] KEHC 9995 (KLR)

Osmail v Director of Public Prosecutions & another

Osmail v Director of Public Prosecutions & another (Petition E091 of 2023) [2026] KEHC 9995 (KLR) (Constitutional and Human Rights) (9 July 2026) (Judgment)

Court
High Court
Case number
Petition E091 of 2023
Judge
["PM Nyaundi"]

The petition met the pleading threshold and the Petitioner failed to prove unlawful arrest, assault, warrantless search, or unconstitutional detention by the 1st Respondent. However, the Court held that the 2nd Respondent prosecuted the Petitioner without a proper factual foundation and thereby failed to prevent abuse of process in breach of Article 157(11), which also amounted to a violation of Article 27. The Court awarded special and general damages against the 2nd Respondent only.

Source excerpt

  • Precision pleading under anarita karimi njeru
  • Unlawful arrest and detention
  • Search and seizure
  • Article 157(11) abuse of process
  • Malicious prosecution
  • Special and general damages
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Civil procedure [2026] KEHC 10340 (KLR)

Vegpro Kenya Limited v Muringi & another

Vegpro Kenya Limited v Muringi & another (Civil Appeal E691 of 2024) [2026] KEHC 10340 (KLR) (Civ) (9 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E691 of 2024
Judge
["D Mburu"]

The respondent failed to prove, on a balance of probabilities, the essential element of malice. The appellant’s complaint merely set the criminal process in motion and the police decision to investigate and charge was not shown to have been driven by spite, ill-will, or any improper purpose. The trial court misdirected itself by treating weak investigations and lack of linkage evidence as proof of malice. Without proof of malice, the claim for malicious prosecution could not stand.

Source excerpt

  • Malicious prosecution
  • Burden of proof
  • Reasonable and probable cause
  • Malice
  • Assessment of damages
  • First appellate review
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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.