Kenya Case Law

Mwai v Waumini Savings and Credit Society Ltd

Court

High Court

Case number

Commercial Appeal E034 of 2023

Judge

BW Murunga

The High Court reviewed and set aside an order striking out an appeal for an incomplete record of appeal, reinstating it because the missing Tribunal documents were unavailable through no fault of the appellant and the defect could be cured.

• Review of orders under section 80 civil procedure act and order 45 civil procedure rules
• Striking out of appeal for incomplete record of appeal
• Order 42 rule 13(4) civil procedure rules
• Substantive justice versus procedural technicalities
• Supplementary record of appeal
• Throw-away costs

Mwanthi v Kinatwa Sacco Ltd & 2 others

Court

High Court

Case number

Petition E593 of 2024

Judge

["PM Nyaundi"]

The High Court dismissed a constitutional petition for lack of precision, finding the petitioner had not shown how the requested records were needed to protect a constitutional right.

• Article 35 access to information
• Precision test in constitutional petitions
• Access to records held by private entities
• Costs
• Threshold for constitutional litigation
• Article-35-access-to-information

Flexable Solutions v The General Council, Programme for Christian Muslim Relations in Africa (PROCMURA) & Joy Wandabwa

Court

Cooperative Tribunal

Case number

Tribunal Case E320 of 2026

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Co-operative Tribunal held it lacked jurisdiction because the parties were not co-operative societies and the dispute fell outside section 76 of the Act.

• Striking out pleadings
• Tribunal jurisdiction under section 76 cooperative societies act
• Dispute outside co-operative society framework
• Doctrine that jurisdiction is everything
• Jurisdiction
• Co-operative-law

United Amani Savings and Credit Co-operative Society v Samwel Mwendo Mutua

Court

Cooperative Tribunal

Case number

Tribunal Case E070 of 2023

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal dismissed an application to stay or set aside warrants of attachment, holding that the consent judgment remained enforceable despite the later interest clause.

• Consent judgment
• Execution and attachment
• Setting aside warrants of attachment
• Stay of execution
• Enforcement of decree
• Consent-judgment

Boniface Karanja v KMA Housing Co-operative Society Ltd

Court

High Court

Case number

Tribunal Appeal E015 of 2025

Judge

["AC Mrima"]

The High Court struck out an appeal and motion for leave to appeal out of time, holding the appeal was filed without prior leave and the court lacked jurisdiction.

• Extension of time
• Appeal out of time
• Jurisdiction
• Striking out
• Section 81 co-operative societies act
• Appeal-out-of-time

Kanoru v UCHUKUZI PSV Savings and Credit Co-operative Society Ltd

Court

Cooperative Tribunal

Case number

Tribunal Case 75 of 2019

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal dismissed an application to set aside a dismissal for want of prosecution and reinstate a co-operative debt claim, finding the delay inexcusable.

• Dismissal for want of prosecution
• Setting aside dismissal order
• Reinstatement of suit
• Judicial discretion
• Delay attributable to advocate
• Dismissal-for-want-of-prosecution

Githaka v Capital Sacco Ltd & another

Court

Cooperative Tribunal

Case number

Tribunal Case E502 of 2020

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal dismissed an injunction application over charged land, finding statutory notices were served, the borrower remained in default, and one parcel had already been sold.

• Temporary injunction
• Statutory notice
• Default on loan repayment
• Exercise of power of sale
• Auction sale of charged property
• Equitable relief and clean hands

Maktaba Sacco Society Ltd v Victoria Chemutai Murgor

Court

Cooperative Tribunal

Case number

Tribunal Case E626 of 2025

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The Tribunal vacated execution warrants for lack of notice of entry of judgment, ordered reconciliation of the loan account, and allowed repayment by instalments.

• Default judgment
• Notice of entry of judgment
• Execution warrants
• Setting aside attachment
• Loan account reconciliation
• Payment by instalments

Fortune Sacco Ltd v Principal Magisrate Court – Wang’uru & 2 others

Fortune Sacco Ltd v Principal Magisrate Court – Wang’uru & 2 others (Judicial Review E002 of 2025) [2026] KEHC 13194 (KLR) (31 August 2026) (Ruling)

Court

High Court

Case number

Judicial Review E002 of 2025

Judge

["EM Muriithi"]

The High Court ordered release of an attached motor vehicle pending judicial review, holding that continued storage and auctioneers’ charges could cause irreparable prejudice.

• Temporary injunction in judicial review
• Release of attached motor vehicle
• Warrants of attachment and expiry
• Auctioneer’s charges
• Supplemental proceedings
• Jurisdiction of magistrates court in sacco-member disputes

Mutisya & 6 others v Munala & 2 others

Court

Cooperative Tribunal

Case number

Tribunal Case E742 of 2019

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "PO Aol", "M Chesikaw"]

The tribunal allowed an application to amend pleadings, finding the changes necessary to reflect current parties, deductions, and issues without shown prejudice.

• Amendment of pleadings
• Joinder of parties
• Leave to amend statement of claim
• Costs in the cause
• Prejudice from amendment
• Real issues in controversy