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Citation
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Judgment date
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| April 2026 |
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Court granted a two‑year extension of expired letters of administration due to squatters obstructing estate administration.
Succession Act – Extension of letters of administration – s.337(4) – Sufficient cause and absence of dilatory conduct – Squatters as external impediment – Interests of beneficiaries
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1 April 2026 |
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Bail refused for applicant charged with violent attempted murder: no exceptional circumstances and risk of absconding.
Criminal procedure – Bail – Attempted murder – Risk of absconding and witness interference – Exceptional circumstances required for grave offences – Fixed abode and sureties insufficient where safety and trial integrity at risk
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1 April 2026 |
| March 2026 |
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Beneficiary caveats creating prima facie equitable interests are protected and cannot be vacated without sufficient evidence; parties were directed to sue.
Land law — Caveats — Beneficiary caveat — Caveatable interest under Section 123 Registration of Titles Act — Exception to sixty-day lapse (Section 140(2)) — Burden and standard of proof — Removal of caveats — Direction to institute substantive civil suit
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31 March 2026 |
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Vendor without registered title committed breach and fraud; purchaser entitled to refund, interest, damages and costs.
Land law – Registered title and nemo dat quod non habet – Vendor’s inability to deliver certificate of title – Breach of contract – Fraudulent misrepresentation in land sale – Remedies: restitution, interest, damages, costs
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31 March 2026 |
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Court consolidates subsequent land suit with earlier suit to avoid multiplicity and ensure comprehensive adjudication.
Civil procedure – lis pendens (Section 6 CPA) – requirements for lis pendens – consolidation of suits (Order 11 CPR) – inherent powers (Section 98 CPA) and Section 37 Judicature Act – avoidance of multiplicity of proceedings – land ownership dispute
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30 March 2026 |
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Claim against a deceased party is void; beneficiary caveats maintained, purchaser's caveat vacated for lack of substantiation.
Registration of Titles Act – Caveats – Caveatable interest of beneficiaries – Beneficiary caveats do not automatically lapse; must be shown to lack sufficient cause before removal; purchaser's caveat vacated for failure to substantiate interest and inactivity. Civil procedure – proceedings against deceased person void ab initio. Procedural compliance – late affidavits filed without leave and without proof of service are struck out.
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26 March 2026 |
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Failure to take summons for directions does not automatically abate a suit if plaintiff shows readiness and no prejudice.
Civil procedure — Order 11A summons for directions — Abatement for failure to comply — Mandatory timeline versus judicial discretion — Case management and substantive justice — readiness for trial and prejudice assessment.
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26 March 2026 |
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Non-compliance with summons-for-directions does not automatically abate suit where plaintiff shows trial readiness and no prejudice.
Civil procedure — Order 11A summons for directions — abatement for non-compliance — mandatory rule vs judicial discretion — case management and substantive justice — readiness for trial — remedy by directions and costs
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26 March 2026 |
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Long exclusive customary occupation established an inter vivos gift of kibanja; trespass, injunction, damages and costs awarded.
Kibanja law — gift inter vivos — proof by long exclusive occupation and use under customary tenure; Mailo title perfection; trespass to land; remedies — injunction, eviction, general damages; mesne profits require quantification; locus in quo evidence.
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24 March 2026 |
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Court extended letters of administration and time to file estate accounts for two years, finding sufficient cause and no prejudice to beneficiaries.
Succession Act s337(2),(4) – Extension of letters of administration – Sufficient cause – Administrator’s compliance with duties – Best interests of beneficiaries – Extension of time to file inventory and final accounts.
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23 March 2026 |
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A plea of res judicata cannot be resolved by preliminary objection where factual disputes about title and privity require evidence.
Civil procedure – Preliminary objection – Res judicata – Section 7 Civil Procedure Act – Identity of claim and parties – Privity – Kibanja versus registered title – Preliminary objection must raise a pure point of law; contested factual issues require evidence.
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19 March 2026 |
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Consent judgment set aside for non-disclosure; applicant joined as necessary party to protect proprietary interests.
Civil procedure – Consent judgment – can be set aside for material non-disclosure, misapprehension or other sufficient cause; Joinder – Order 1 Rule 10(2) and section 37 Judicature Act – necessary parties must be added to ensure complete adjudication; Protection of proprietary interests and prevention of multiplicity of proceedings.
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18 March 2026 |
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Consent judgment set aside where estate's proprietary interest was undisclosed; applicant joined as necessary party.
Civil procedure — Consent judgment — Setting aside for material non-disclosure and misapprehension of facts; Joinder of necessary parties (Order 1) to protect proprietary interests in land; Review jurisdiction to protect persons aggrieved who were not parties.
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18 March 2026 |
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Breach of land sale contract, misrepresentation/fraud found; specific performance impossible; damages and exemplary damages awarded.
Contract law – sale of land – validity of written agreement; breach for failure to provide access and title; misrepresentation and fraud inducing purchase; specific performance refused as impossible due to transfer of mother title to third party; damages in lieu; appointment of Government valuer; general and exemplary damages; costs and interest.
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18 March 2026 |
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Beneficial ownership via estate distribution and long possession upheld; defendant's kibanja claim unproven and found to be trespass.
Land law — Succession and beneficial ownership via estate distribution and long possession — Kibanja (customary occupancy) claims require proof (busulu/long occupation) — Trespass: unlawful entry, destruction, remedies (declaration, eviction, injunction, special damages, mesne profits, general damages, interest, costs).
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17 March 2026 |
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Bail refused for capital charges where applicant failed to demonstrate statutory "exceptional circumstances" despite prolonged remand.
Criminal procedure — Bail in capital offences — Section 16(2)(f) Trial on Indictments Act — Requirement of "exceptional circumstances" — Bail Guidelines 2022 — Effect of committal for trial and remand duration on flight risk.
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16 March 2026 |
| January 2026 |
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Filing a statutory caveat to protect an interest does not, by itself, constitute contempt of court.
Contempt of court — civil contempt requires clear subsisting order, knowledge, capacity and deliberate disobedience; Succession Act s.249 — lodging a caveat to protect an interest; Succession Act s.252 — removal/proof of caveat; interim restraint on dealings pending administration cause.
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30 January 2026 |
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Respondents' caveats maintained pending resolution of a main suit alleging fraud affecting the applicant's title.
Land law – Caveats – Caveatable interest under s.123 Registration of Titles Act – Caveat as interim protection – Judicial discretion to maintain caveat where main suit pleads fraud – Preservation of subject matter pending determination.
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28 January 2026 |
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Court allowed amendment to add fraud to trespass claim and permitted joinder despite non‑joinder at application stage.
Civil procedure – amendment of pleadings – adding related cause of action (fraud) to trespass claim permissible where it arises from same facts; joinder of parties – non‑joinder of intended defendants at amendment stage not fatal; computation of time – appeal from Registrar’s order within seven days where record requested within period stops time (s.79 C.P.A.); appeals from Registrar interlocutory orders (O.50 r.8 CPR).
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27 January 2026 |
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Court validated an out-of-time memorandum of appeal, finding counsel's oversight excusable and good cause shown.
Civil Procedure — computation of time (Interpretation Act s.34) — Appeals — time limits and discretion to admit out-of-time appeals (Civil Procedure Act ss.79(1),96) — ECCMIS notifications and counsel vigilance — negligence of counsel not automatically imputed to litigant — land dispute importance warrants determination on merits.
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27 January 2026 |
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Plaintiff lawfully inherited land; defendants are trespassers required to compensate or face eviction and damages.
Land law – ownership by inheritance and customary distribution; trespass to land – elements and remedies; locus visit and ex parte proceedings; alternative to immediate eviction by compensation; awards of general and exemplary damages and costs.
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22 January 2026 |
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Beneficiaries succeed: respondents found in contempt for breaching injunction; fined, ordered to cease construction and pay damages.
Civil contempt – temporary injunction to maintain status quo – locus standi of administrators/beneficiaries – elements of contempt (order, knowledge, ability, failure to comply) – proof standard – remedies: damages, fine, cease construction, sequestration reserved, no immediate committal.
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20 January 2026 |
| December 2025 |
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Applicants raised bona fide triable issues, so unconditional leave to appear and defend a summary suit was granted.
Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Bona fide triable issues – Allegations of fraud and disputed land (kibanja) interest – Estate administration – Liquidated demand.
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29 December 2025 |
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Applicant charged with murder granted bail conditionally after court balanced liberty, public interest, abode proof and substantial sureties.
Criminal procedure — Bail pending trial — Murder charge — Balancing presumption of innocence and public interest — Fixed abode and verifiable ties — Substantial sureties — Risk of witness interference — Trial on Indictment Act s.16; Bail Guidelines 2022.
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23 December 2025 |
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Court appointed the respondent administrator ad litem to represent the unrepresented estate in the pending suit.
Succession Act s.218 – appointment of administrator ad litem where letters of administration expired – limited grant for litigation only – beneficiary consent or nominee’s willingness not required – avoidance of delay in pending proceedings.
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15 December 2025 |
| November 2025 |
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Whether non‑payment of the balance under a land sale is a fundamental breach entitling rescission and damages.
Contract law – land sale – written agreement – time of the essence – failure to pay balance as fundamental breach – rescission permitted – remedies: payment of outstanding price with interest and damages; vacant possession and mesne profits refused for lack of evidence; costs follow the event.
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28 November 2025 |
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Eyewitness identification, a co-accused’s confession and common intention proved aggravated robbery; three accused convicted.
Criminal law – aggravated robbery – elements: theft, use/threat of violence, deadly weapon – visual identification – corroborative confession and common intention – alibi and silence considered.
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19 November 2025 |
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One accused convicted for aggravated robbery on reliable identification; two acquitted for lack of proof.
Criminal law – Aggravated robbery – Elements: theft, use/threat of violence, deadly weapon – Identification evidence in night-time robberies – Corroboration by distinctive clothing, injuries and recovered property – Inadequacy of mere association for conviction.
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14 November 2025 |
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Accused acquitted where prosecution failed to prove violence, weapon, or participation beyond reasonable doubt.
Criminal law – Aggravated robbery – Elements (theft; violence or threat; deadly weapon; participation) – Burden of proof beyond reasonable doubt – Identification parade tainted by prior exposure – Hearsay inadmissible without maker – Unrebutted alibi.
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14 November 2025 |
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Accused convicted of rape after court found penetration, non‑consent and identity proved beyond reasonable doubt.
Criminal law – Rape – elements: penetration, lack of consent and participation – victim’s testimony corroborated by medical report and field identification – defence of consensual commercial sex rejected for lack of corroboration – adverse inference from failure to produce CCTV or other evidence.
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14 November 2025 |
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The prosecution proved aggravated robbery: theft with violence using a panga, positive ID and circumstantial proof of participation.
Criminal law – Aggravated robbery – Elements: theft, use or threat of violence, deadly weapon (panga) – Visual identification – Circumstantial evidence and common intention – Alibi disproved by corroborative evidence.
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10 November 2025 |
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Victims’ identification, CCTV and post‑offence disposal corroboration proved aggravated robbery; both accused convicted.
Criminal law – Aggravated robbery – elements (theft, violence, deadly weapons, participation) – identification at night – CCTV and post‑offence disposal as corroboration – joint enterprise – alibi and torture allegations examined.
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7 November 2025 |
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Late witness statement retained; plaint not time-barred, surviving executrix has authority, and cause of action disclosed.
Civil procedure – witness statements – late expanded statement admitted where no new witness introduced and cross-examination possible; substantive justice prevails over technicality
Limitation – continuing trespass – cause of action accrues from continuing occupation; Section 20 Limitation Act inapplicable to suits by estate to protect property
Succession – Section 269 – powers of executors vest in surviving executrix; survivor may sue without co-executor consent
Pleadings – Order 7 r.11 – plaint discloses cause of action; misnomer curable by amendment where identity clear
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4 November 2025 |
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Applicant proved equitable interest; respondent’s title held fraudulently acquired; surrender of title and demolition ordered.
Land law – equitable interest arising on sale agreement – locus standi to sue – fraud vitiating registration – bona fide purchaser doctrine – requirement of due diligence and production of sale agreement – illegal erection of structures on access road – survey and demarcation remedy – damages and costs.
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3 November 2025 |
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An expired grant of letters of administration cannot be revoked; the former administrator must account and is restrained from dealing with the estate.
Succession Act – validity of letters of administration – statutory two-year limit under s.256(2) – lapse by operation of law
Administration – revocation of grants – lapse of grant renders revocation moot. Duty to account – administrators must exhibit inventory and statement of account for period of authority
Remedies – injunctions, fresh application for letters, damages and costs where administrator interferes with estate
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3 November 2025 |
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Disagreement with an expert valuation does not amount to an error apparent on the face of the record.
Civil procedure — Review under s.82 CPA & Order 46 — Challenge to government valuer’s report — Standard: manifest/error apparent on face of record; valuation as expert opinion; functus officio and contemnor objections considered.
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3 November 2025 |
| October 2025 |
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High Court lacked original jurisdiction over a compensation claim under the Electricity Act; statutory ERA/Tribunal remedies must be exhausted.
Electricity Act – jurisdiction – claims for compensation/wayleave – exclusive administrative remedy before Electricity Regulatory Authority and Electricity Disputes Tribunal – necessity to exhaust statutory remedies before High Court – distinction between trespass (no consent) and compensation claims (consent/engagement).
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24 October 2025 |
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Applicant proved indebtedness but failed to show statutory service of mortgage notices; vacant possession and sale were premature.
Mortgage law – Mortgage Act (ss.18,19,25) – statutory notice of default and notice of sale – strict compliance and proof of service required
Evidence – burden of proof – documentary bank statement as prima facie proof of indebtedness; unsubstantiated repayment claims fail. Civil procedure – functus officio – court not functus where no final order made and further evidence ordered
Remedies – power of sale and vacant possession cannot be exercised without statutory compliance
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10 October 2025 |
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A counterclaim not pleaded in the written statement of defence is procedurally irregular and may be struck out.
Civil procedure – Counterclaims – Order 8 r.7 CPR – mandatory requirement to state counterclaim in the written statement of defence; failure to comply renders counterclaim irregular and void ab initio; leave to amend or prior leave does not cure non‑compliance; where counterclaim is fatally defective, court need not determine other preliminary objections (lis pendens, locus, misjoinder).
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8 October 2025 |
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Conviction for aggravated defilement based on victim’s recognition, medical exhibits, and accused’s HIV-positive status.
Criminal law – Aggravated defilement – essential ingredients: victim under 18, penetration, accused HIV positive, identity of perpetrator
Evidence – recognition evidence versus identification in poor lighting; repeated intimate contact supports reliability. Medical evidence – PF3A and PF24 as corroboration. Aggravated element not negated by non-transmission to victim. Role of assessors – advisory, not binding on judge
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6 October 2025 |
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An application instituted against a person already deceased is incompetent and must be dismissed.
Civil procedure – abatement – application/suit instituted against a deceased person is incompetent and a nullity. Civil procedure – substitution of legal representative – distinction between death before institution and death during pendency. Locus standi – non-parties/surviving co-plaintiffs not named as respondents lack standing to oppose or represent estate. Constitutional law – Article 126(2)(e) cannot cure defects of jurisdiction or competence
Procedure – Notice of Motion must state grounds and bear authorised signature (Order 52 r.3; Order 5 r.1(5))
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3 October 2025 |
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Court may summon a drafter/attesting witness to prove authenticity of a disputed trust deed without prior refusal.
Civil procedure – witness summons – Section 22 & Order 16 – court’s wide discretion to summon witnesses whose attendance is necessary to ascertain authenticity of a disputed document; no prior refusal required; registration with URSB not determinative of evidential necessity.
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3 October 2025 |
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Court severed joint tenancy, awarding applicant larger share after finding respondent made no contribution.
Land law – Joint tenancy – Severance – Section 56 Registration of Titles Act – presumption of equal shares rebuttable by evidence of contribution; Family property – equitable distribution; Title rectification and issuance of separate deeds; Burden of proof and standard (balance of probabilities).
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2 October 2025 |
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Bail granted after material change due to incomplete investigations and presence of substantial, traceable sureties.
Criminal procedure – Bail pending trial – Successive bail applications – Material change in circumstances required to reconsider previously refused bail. Bail criteria – Fixed abode and substantial sureties – LC1 introductions and national IDs as evidence of traceability. Constitutional rights – Presumption of innocence and right to personal liberty balanced against ongoing investigations and interests of justice
Trial on Indictments Act and Bail Guidelines – factors to determine risk of absconding and suitability of sureties
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1 October 2025 |
| September 2025 |
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A court appoints the mother guardian and authorizes sale of jointly owned land to secure the minor's welfare.
Children law – Guardianship – appointment of biological parent as legal guardian to manage a minor’s estate; Parens patriae and welfare principle – child’s best interests paramount; Consent of a minor of understanding – weight of child's wishes in property transactions; Authorization to sell jointly owned land for minor’s benefit; Protective measures – requirement for accounting and proof of reinvestment of proceeds.
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30 September 2025 |
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Court refused to endorse a consent judgment because it would pre-determine a pending judicial review over cancelled land titles.
Land law – consent judgment – endorsement refused where pending judicial review challenges cancellation of titles; settlement may pre-determine administrative acts and affect other parties.
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30 September 2025 |
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Registered title upheld; defendants’ entries were trespass; injunction, damages and costs awarded.
Land law – Registration of Titles Act – Certificate of title presumptively conclusive; fraud required to impeach title. Land law – Kibanja/sale agreements – informal/partial payment agreements may constitute loans, not transfers
Tort – Trespass – elements: ownership/possession, entry and unlawfulness satisfied; remedies: declarations, injunction, special, general and exemplary damages, costs and interest
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26 September 2025 |
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Appointment of a biological parent as legal guardian to sell and reinvest at-risk property is in the minors’ best interests.
Children – guardianship – appointment of biological parent as legal guardian – property management – best interests of the child – welfare principle – threat to minor’s property – no conflict of interest – formal judicial oversight.
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10 September 2025 |
| August 2025 |
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A bail application in a money laundering case was transferred to the Anti-Corruption Division for proper and specialized handling.
Criminal procedure – Jurisdiction – Specialized divisions of the High Court – Transfer of cases involving complex offenses – Money laundering – Administrative efficiency and judicial expertise – Bail application and forum allocation.
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29 August 2025 |
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A court resolved property rights between cohabiting parties, denying joint tenancy due to lack of contribution and applying equity in division.
Property law – Cohabitation – Beneficial and legal interests – Joint tenancy rebuttable by evidence of non-contribution and no common intention – Equity in distribution of property upon end of cohabitation – Amendment of land titles to reflect true ownership.
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29 August 2025 |