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Kenya Case Law

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Civil procedure [2026] KEHC 13549 (KLR)

Karithi & 2 others v Thuo t/a Renekam Enterprises & another

The High Court refused to release Kshs. 500,000 deposited as security, holding that a later subsisting order in a related matter redirected it to secure an intended appeal.

  • Release of security pending appeal
  • Stay of execution
  • Effect of subsisting court orders
  • Fruits of judgment
  • Costs of application
  • Security-pending-appeal
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Civil procedure [2026] KEHC 13519 (KLR)

Njoroge – Dcd (Filing Through Her Intended Substitute Njoroge Obadiah Kimani) v Kahara

The High Court dismissed an application to appeal out of time, holding the applicant’s advocates were not properly on record, the amended motion misnamed the respondent, and the merits were weak.

  • Change of advocates after judgment under order 9 rule 9
  • Misdescription of a respondent in an amended motion
  • Leave to appeal out of time
  • Functus officio and post-judgment execution
  • Time-bar for execution under section 4(4) of the limitation of actions act
  • Substitution of a deceased plaintiff's estate representative
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Civil procedure [2026] KEHC 13504 (KLR)

Everlyne Chepkurui Milgo v Al-Husnain Motors Limited & another

The High Court dismissed an application for stay pending appeal over a repossessed motor vehicle, finding no substantial loss and no security offered.

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Repossession under instalment sale agreement
  • Unconditional release of motor vehicle
  • Stay-of-execution
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Civil procedure [2026] KEHC 13551 (KLR)

Ziara Special Economical Zone (SEZ) Ltd v Dennis Otieno Owino & Henry Okumu

The High Court set aside an order made without proper service, restored the earlier stay-related orders, and dismissed contempt and mandamus relief.

  • Stay of execution pending appeal
  • Review and setting aside orders
  • Service of process
  • Right to be heard
  • Conditional stay and security
  • Contempt standard of proof
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Civil procedure [2026] KEHC 13584 (KLR)

Bamburi Cement Limited v Masai Kenya Limited

High Court granted stay of execution pending appeal, finding the appeal arguable, the application timely, and the appellant had complied with the security order.

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance
  • Delay in filing application
  • Challenge to execution process
  • Preservation of subject matter
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Civil procedure [2026] KEHC 13541 (KLR)

Mukungo & 2 others v Mukungo & 3 others (Consolidated Civil Appeal E100 & E101 of 2023)

The High Court dismissed an application for stay of execution, holding that the consolidated appeals had already been determined and E101 did not survive E100.

  • Stay of execution
  • Consolidation of appeals
  • Effect of dismissal after consolidation
  • Distribution of estate
  • Section 42 law of succession act
  • Stay-of-execution
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Civil procedure [2026] KEHC 13579 (KLR)

Ochieng v Mwangi & another (Suing as the Personal Representatives of the Estate of Moses Mwangi Maina - Deceased)

The High Court granted a conditional stay of execution pending appeal, ordered the full decretal sum to be deposited in a joint account, and allowed counsel to come on record.

  • Stay of execution pending appeal
  • Leave to come on record
  • Substantial loss
  • Security for due performance of decree
  • Arguable appeal
  • Conditional stay
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Civil procedure [2026] KEHC 13550 (KLR)

Mohammed Abubakar Said & another v Robert Njoka Muthara

The High Court allowed a motion to recognize new advocates on record, substitute them on the security account, and require amendment of a bank guarantee.

  • Change of advocates on appeal
  • Joint interest-earning account signatories
  • Bank guarantee security pending appeal
  • Stay of execution security
  • Arrest/deferment of judgment
  • Advocate-client fee dispute and lien
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Civil procedure [2026] KEHC 13567 (KLR)

National Social Security Fund Board of Trustees v Munyili

The High Court held that an NSSF benefits dispute had to go to the statutory retirement benefits mechanism under section 53. The appeal succeeded and the lower judgment was set aside.

  • Jurisdiction raised on appeal
  • Exhaustion of statutory dispute-resolution mechanism
  • Nssf benefits dispute
  • Retirement benefits appeals tribunal
  • Review versus appeal
  • First appeal re-evaluation of evidence
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Environment and land law [2026] KEELC 5442 (KLR)

Wambura v Omari & 24 others & another

The Environment and Land Court struck out an applicant’s post-judgment motion for stay and injunction for want of jurisdiction under Rule 5(2)(b).

  • Rule 5(2)(b) court of appeal jurisdiction
  • Order 42 rule 6 stay of execution
  • Injunction pending appeal
  • Competent notice of appeal
  • Substantial loss
  • Functus officio
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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.