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Kenya Case Law

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Civil procedure [2026] KEHC 13519 (KLR)

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

Court
High Court
Case number
Miscellaneous Civil Application E312 of 2025
Judge
["LP Kassan"]

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 13654 (KLR)

Dandora Millers Ltd v Kioni

Court
High Court
Case number
Civil Appeal E017 of 2025
Judge
EO Bitta

On first appeal, the High Court set aside a 50:50 liability finding against Dandora Millers, holding the claimant failed to link the offending vehicle to the appellant, and upheld dismissal of its counterclaim for loss of user.

  • Vicarious liability and ownership of motor vehicles
  • Burden and standard of proof
  • Presumption of ownership under section 8 of the traffic act
  • Rear-end collision negligence
  • Apportionment of liability
  • Special damages must be strictly proved
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Civil procedure [2026] KEHC 13584 (KLR)

Bamburi Cement Limited v Masai Kenya Limited

Court
High Court
Case number
Civil Appeal E442 of 2025
Judge
["LP Kassan"]

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 13575 (KLR)

Mitunguu Technical Institute v Reflection Investment Co Ltd

Court
High Court
Case number
Small Claims Appeal E004 of 2025
Judge
SM Githinji

The High Court at Meru granted a conditional stay of execution of a small claims money decree pending appeal, holding that a money decree alone is insufficient for a stay without proof of substantial loss, and requiring deposit of the decretal sum and filing of the record of appeal.

  • Stay of execution pending appeal
  • Substantial loss
  • Security for due performance of decree
  • Unreasonable delay in filing stay application
  • Conditional stay
  • Stay-of-execution
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Civil procedure [2026] KEMC 880 (KLR)

Shah v Medivet Products Ltd & 2 others; Amee Properties Ltd (Objector)

Court
Magistrate's Court
Case number
Commercial Civil Suit E727 of 2022
Judge
LA Mumassabba

The Magistrate's Court dismissed an objection to the attachment of proclaimed goods, holding the objector failed to prove a legal or equitable interest in the specific property at the date of attachment.

  • Objection proceedings under order 22 rule 51 civil procedure rules
  • Burden of proof of legal or equitable interest in attached property
  • Attachment and sale of judgment debtor property under section 44 civil procedure act
  • Admissibility of unstamped instruments under stamp duty act
  • Sham or frustrating transactions in execution
  • Civil-procedure
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Civil procedure [2026] KEHC 13489 (KLR)

Kitonga & another v Agton Commercial Agencies Ltd

Court
High Court
Case number
Miscellaneous Application E005 of 2026
Judge
JWW Mong'are

The High Court allowed applications to summon the directors of Agton Commercial Agencies Ltd for oral examination on why they should not be personally liable for Kshs.491,302.04 in unsatisfied money decrees, and to lift the corporate veil if they fail to comply.

  • Oral examination of judgment debtor under order 22 rule 35 of the civil procedure rules
  • Lifting of the corporate veil
  • Separate legal personality of companies
  • Personal liability of directors and shareholders
  • Notice to show cause
  • Execution of decrees for money
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Civil procedure [2026] KEHC 13395 (KLR)

Khetia Priti Harilal v Middle East Bank of Kenya Limited

Court
High Court
Case number
Civil Appeal E948 of 2025
Judge
["AC Mrima"]

The High Court granted a stay of execution pending appeal, finding no unreasonable delay, substantial loss to a third-party objector, and no need for security.

  • Stay of execution pending appeal
  • Order 42 rule 6 cpc
  • Substantial loss
  • Security for due performance
  • Third-party objector
  • Matrimonial property and attachment of household goods
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Civil procedure [2026] KEHC 13396 (KLR)

Lucy Jepkemoi Ruto v Jesse M. Gita t/a Gallant World Wise Auctioneers

Court
High Court
Case number
Civil Appeal E576 of 2025
Judge
["AC Mrima"]

The High Court dismissed an application to replace Kshs. 7 million cash security with a title deed, holding that the motion could not vary the consent order and lacked proof of the property’s value.

  • Stay of execution
  • Consent orders
  • Res judicata
  • Substitution of security
  • Adequacy of security for costs
  • Injunctive relief
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Civil procedure [2026] KEHC 13386 (KLR)

George Kimani Thuku v Georgina Mbithe Mutinda & John Mwangi Maina (Suing as the administrators of the Estate of the late Kelvin Mutinda Mbithe) & Mwiki P.S.V. Sacco Society Limited

Court
High Court
Case number
Miscellaneous Civil Application E198 of 2026
Judge
["AC Mrima"]

The High Court granted leave to appeal out of time and stayed execution, finding a brief, explained delay, an arguable issue on the right to be heard, and substantial loss.

  • Extension of time
  • Stay of execution
  • Substantial loss
  • Security for stay
  • Right to be heard
  • Joinder of parties
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Civil procedure [2026] KEHC 13433 (KLR)

Ayiro & another v Ouma

Court
High Court
Case number
Civil Miscellaneous Application E050 of 2026
Judge
["SM Mohochi"]

The High Court allowed an ex parte application to transfer two finalized Small Claims Court decrees to the Chief Magistrate’s Court for execution.

  • Transfer of execution proceedings
  • Small claims court jurisdiction over personal injury claims
  • Urgency and ex parte hearing
  • Inherent power of court
  • Protection of vested rights in final judgments
  • Civil-procedure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.