Court of Appeal judgments

Estate Sonrisa Limited v Macharia & another (Civil Appeal E076 of 2023) [2026] KECA 39 (KLR) (30 January 2026) (Judgment)

✦ The appeal is allowed, and the ruling of the Environment and Land Court is set aside. The case stated is remitted back to the Environment and Land Court.

[2026] KECA 39 (KLR) Court of Appeal 30 January 2026

Wachira v Weru & 3 others (Civil Appeal (Application) E148 of 2023) [2026] KECA 122 (KLR) (30 January 2026) (Ruling)

✦ The Court dismisses the application for injunction with costs to the 1st and 2nd respondents.

[2026] KECA 122 (KLR) Court of Appeal 30 January 2026

Kenya National Highway Authority v SBI International Holdings (Kenya) (Civil Application E429 of 2025) [2026] KECA 111 (KLR) (30 January 2026) (Ruling)

✦ The court grants the application for extension of time, allowing the applicant to file a notice of appeal and record of appeal within 45 days of the ruling.

[2026] KECA 111 (KLR) Court of Appeal 30 January 2026

David & another v Kibe (Civil Application E121 of 2025) [2026] KECA 69 (KLR) (30 January 2026) (Ruling)

✦ The application is dismissed with costs to the respondent

[2026] KECA 69 (KLR) Court of Appeal 30 January 2026

Leli & another (Suing as the Legal Representatives of the Estate of Leli Julo (Deceased)) v Cornestone Clearing & Forwarding Limited (Civil Appeal E006 of 2023) [2026] KECA 82 (KLR) (30 January 2026) (Judgment)

✦ The Appellants did not have locus standi to file the suit under the Law Reform Act in the trial magistrate’s court.

[2026] KECA 82 (KLR) Court of Appeal 30 January 2026

Mwandeni v Republic (Criminal Appeal E005 of 2024) [2026] KECA 89 (KLR) (30 January 2026) (Judgment)

✦ The appeal lacks merit and is dismissed. The mandatory sentences under the Sexual Offences Act are constitutional and the appellant is not entitled to a cross-appeal to challenge the sentence of 30 years' imprisonment.

[2026] KECA 89 (KLR) Court of Appeal 30 January 2026

Mwangashi v Republic (Criminal Appeal E009 of 2024) [2026] KECA 58 (KLR) (30 January 2026) (Judgment)

✦ We uphold the conviction and sentence as meted out by the learned Judge.

[2026] KECA 58 (KLR) Court of Appeal 30 January 2026

Berlin Equipment Ltd & another v Tata Africa Holdings (K) Limited (Civil Appeal 593 of 2019) [2026] KECA 100 (KLR) (30 January 2026) (Judgment)

✦ The learned judge abused her discretion by imposing an onerous condition on the default judgment

[2026] KECA 100 (KLR) Court of Appeal 30 January 2026

Quandji v Bank of India & 2 others (Civil Application E284 of 2025) [2026] KECA 131 (KLR) (30 January 2026) (Ruling)

✦ The Court grants the application for extension of time to file a notice of appeal and record of appeal, with no order as to costs, and the notice of appeal shall be filed and served within 14 days of this order and the record of appeal within 45 days.

[2026] KECA 131 (KLR) Court of Appeal 30 January 2026

Mutwiri v Republic (Criminal Appeal 108 of 2020) [2026] KECA 123 (KLR) (30 January 2026) (Judgment)

✦ The court dismisses the appeal, finding no merit in Mutwiri's arguments and upholding the conviction.

[2026] KECA 123 (KLR) Court of Appeal 30 January 2026

Kanyi v Maganga & another (Civil Appeal (Application) E117 of 2021) [2026] KECA 137 (KLR) (30 January 2026) (Ruling)

✦ The application is dismissed as the evidence proposed to be adduced is not relevant and could not have been obtained with reasonable diligence for use at the trial.

[2026] KECA 137 (KLR) Court of Appeal 30 January 2026

Lukwa (Suing as the Legal Representative of the Estate of the Late Julius Muhambi Amayi (Deceased) v Imbuusi (Civil Appeal (Application) E155 of 2025) [2026] KECA 92 (KLR) (29 January 2026) (Ruling)

✦ The application is allowed, and the applicant is granted leave to file and serve the record of appeal out of time within 21 days of the judgment.

[2026] KECA 92 (KLR) Court of Appeal 29 January 2026

Mulama & 3 others v Viragi (Civil Application E152 of 2025) [2026] KECA 53 (KLR) (29 January 2026) (Ruling)

✦ The application has merit and is hereby allowed. The applicants are hereby granted leave to ﬁle and serve the record of appeal out of time. They shall do so within twenty-one (21) days of today’s date.

[2026] KECA 53 (KLR) Court of Appeal 29 January 2026

Wego v Republic (Criminal Application E058 of 2025) [2026] KECA 60 (KLR) (28 January 2026) (Ruling)

✦ The application has merit and is hereby allowed. The applicant shall file and serve the notice of appeal within fourteen (14) days of today’s date.

[2026] KECA 60 (KLR) Court of Appeal 28 January 2026

Oyieke v Kenya National Trading Corporation Limited (Civil Application E172 of 2025) [2026] KECA 90 (KLR) (28 January 2026) (Ruling)

✦ The application has merit and is hereby allowed. The applicant shall file and serve the notice of appeal within seven (7) days of today’s date and the record of appeal within forty-five (45) days of service of the notice of appeal. The respondent shall have the costs of the application.

[2026] KECA 90 (KLR) Court of Appeal 28 January 2026

Tome & another v Tome & 2 others (Civil Appeal (Application) E359 of 2023) [2026] KECA 107 (KLR) (23 January 2026) (Ruling)

✦ We dismiss the application and make no order as to costs.

[2026] KECA 107 (KLR) Court of Appeal 23 January 2026

Matinde v Kosgey (Civil Application E076 of 2025) [2026] KECA 31 (KLR) (23 January 2026) (Ruling)

✦ The Court dismissed the application as the applicant was not serious with his appeal and the requirements of the law had caught up with him.

[2026] KECA 31 (KLR) Court of Appeal 23 January 2026

Mungai & 3 others (Suing in Their Capacity as Officials of the Alfajiri Self-Help Group) v Sauti Sacco Ltd & 8 others (Civil Appeal 406 of 2019) [2026] KECA 142 (KLR) (23 January 2026) (Ruling)

✦ The motion to strike out the record of appeal is allowed with costs to the applicants.

[2026] KECA 142 (KLR) Court of Appeal 23 January 2026

Gatua v Njiru (Civil Application E181 of 2025) [2026] KECA 18 (KLR) (23 January 2026) (Ruling)

✦ The application is dismissed with costs.

[2026] KECA 18 (KLR) Court of Appeal 23 January 2026

Williams & Kennedy Limited & 3 others v Gicharu & 10 others (Civil Appeal E682, E686 & E705 of 2024 (Consolidated)) [2026] KECA 130 (KLR) (23 January 2026) (Judgment)

✦ The 1st respondent was found to be the bona fide and legitimate owner of the suit property.

[2026] KECA 130 (KLR) Court of Appeal 23 January 2026

Kenyan case law