Kenyan case law

Ongola & 6 others v Odhiambo & 7 others (Civil Appeal E328 & E393 of 2025 (Consolidated)) [2026] KECA 260 (KLR) (13 February 2026) (Judgment)

✦ The appeals fail and are hereby dismissed.

Ambuchi v Republic (Criminal Appeal 80 of 2018) [2026] KECA 285 (KLR) (13 February 2026) (Judgment)

✦ The appeal is dismissed as there is no misdirection of law and the concurrent findings are supported by evidence.

Nyakidi v Republic (Criminal Appeal 155 of 2019) [2026] KECA 607 (KLR) (13 February 2026) (Judgment)

✦ The court found that the prosecution established the ingredients of the offence of murder beyond any reasonable doubt. The court also found that the appellant's constitutional right to a fair trial was not violated, and the sentence was not harsh and excessive.

Walter alias Walter Ngugi Kimani v Nyabuto (Civil Appeal (Application) E424 of 2021) [2026] KECA 228 (KLR) (13 February 2026) (Ruling)

✦ The first application is granted, and the security deposit is released to Nyabuto. The second application is dismissed.

University of Nairobi v Songa Ogoda & Associates (Civil Appeal (Application) 240 of 2020) [2026] KECA 258 (KLR) (13 February 2026) (Ruling)

✦ Grant leave to appeal to address the issues raised and stay further proceedings until the intended appeal is heard.

TGEM v KSM (Civil Application E164 of 2025) [2026] KECA 247 (KLR) (13 February 2026) (Ruling)

✦ The application is dismissed with costs to the respondent.

Njenga v Njenga (Daughter) (Deceased) (Civil Appeal (Application) 146 of 2019) [2026] KECA 259 (KLR) (13 February 2026) (Ruling)

✦ The application is incompetent and struck out with leave to apply for revival of the appeal and substitution of the respondent once grant of representation to the estate of the deceased respondent has been made.

Okero v Republic (Criminal Application E004 of 2026) [2026] KECA 277 (KLR) (13 February 2026) (Ruling)

✦ The application is allowed, and the applicant is granted extension of time to file and serve the notice of appeal out of time within 14 days of today's date.

Masanchu v Republic (Criminal Application E126 of 2024) [2026] KECA 269 (KLR) (13 February 2026) (Ruling)

✦ The application is allowed, and the applicant is granted extension of time to file and serve the notice of appeal and the record of appeal.

Chege & 2 others (Administrators of the Estate of Chege Kirumba - Deceased) v Wakigo & 2 others (Civil Application 22 of 2020) [2026] KECA 233 (KLR) (13 February 2026) (Ruling)

✦ The appeal is dismissed and the Notice of Appeal is struck out with costs to the applicants.

AAG v MI alias GKK (Civil Appeal E086 of 2022) [2026] KECA 239 (KLR) (13 February 2026) (Judgment)

✦ The Nyali property is divided 60% to the Appellant and 40% to the Respondent. The Nyeri Municipality plot and Nyeri plot are shared equally between the parties. The Ruai plot is retained by the Respondent.

Ramadhani & 2 others v Abud & 2 others (Civil Appeal (Application) E443 of 2025) [2026] KECA 229 (KLR) (13 February 2026) (Ruling)

✦ The application is allowed. The order of injunction given by the High Court restraining the applicants from occupying or collecting or receiving rent over the property is hereby stayed.

Elite Tools Limited v Murei (Civil Appeal (Application) E564 of 2025) [2026] KECA 230 (KLR) (13 February 2026) (Ruling)

✦ The application fails and is dismissed with costs to the respondent.

Kenya Hospital Association t/a Nairobi Hospital & another v Chief Executive Officer, Kenya Hospital Association t/a Nairobi Hospital & 2 others (Civil Appeal (Application) E751 of 2025) [2026] KECA 254 (KLR) (13 February 2026) (Ruling)

✦ The Court allows the application and deems the notice of appeal as valid and duly served.

Bosek v Singo’ei (Civil Application E229 of 2025) [2026] KECA 248 (KLR) (13 February 2026) (Ruling)

✦ The application for stay of execution is dismissed with costs to the respondent.

Kanga v Kingpin Auctioneers & another (Civil Appeal E006 of 2021) [2026] KECA 267 (KLR) (13 February 2026) (Judgment)

✦ The court found that the dispute between the appellant and the 1st respondent was that of a tenant and landlord which was governed by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301, and therefore it was not open for the appellant to sue the respondents before the ELC when the dispute was over the payment of rent.

Wanyonyi v Republic (Criminal Appeal 217 of 2018) [2026] KECA 281 (KLR) (13 February 2026) (Judgment)

✦ The appeal is dismissed in its entirety.

Criticos v Attorney General & 7 others (Civil Application 276 of 2020) [2026] KECA 249 (KLR) (13 February 2026) (Ruling)

✦ The application is dismissed with costs.

Githinji v Republic (Criminal Appeal 116 of 2019) [2026] KECA 243 (KLR) (13 February 2026) (Judgment)

National Bank of Kenya Ltd v Verus Praedium Realtors Ltd & 3 others (Civil Application E207 of 2025) [2026] KECA 234 (KLR) (13 February 2026) (Ruling)

✦ The High Court’s ruling on contempt of court is upheld

Mutua v Republic (Criminal Appeal 76 of 2019) [2026] KECA 266 (KLR) (13 February 2026) (Judgment)

✦ The prosecution proved the charge of murder beyond reasonable doubt and malice aforethought was established. The contradictions in the prosecution's case were not material. The sentence imposed was lawful and appropriate.

Oyugi & 2 others (Suing as the Administrators of the Estate of Hezekiah Nelson Oyugi - Deceased) v Sherman & another (Civil Application E476 of 2025) [2026] KECA 236 (KLR) (13 February 2026) (Ruling)

✦ An injunction is granted to restrain the 1st respondent from transferring or otherwise disposing of the suit property pending hearing and determination of the applicants' appeal.

Otieno (Suing on Behalf of the Estate of Solomon Ochieng Oyoko - Deceased) v Okumu & 2 others (Civil Appeal 112 of 2019) [2026] KECA 283 (KLR) (13 February 2026) (Judgment)

✦ The ELC properly exercised its discretion in dismissing the appellant's application for setting aside and or reinstatement of the suit

Middle East Bank Kenya Limited v Ngunjiri (Civil Appeal E019 of 2023) [2026] KECA 238 (KLR) (13 February 2026) (Judgment)

✦ The appeal is dismissed with costs to the respondent, and the ruling and orders of the ELRC are upheld.

CKN v Republic (Criminal Appeal E042 of 2021) [2026] KECA 287 (KLR) (13 February 2026) (Judgment)

✦ The conviction and sentence are upheld. The appeal is dismissed in its entirety.