Kenya Case Law

Bachu v Cheruiyot & 6 others

Bachu v Cheruiyot & 6 others (Environment and Land Case 189 of 2015) [2026] KEELC 2975 (KLR) (14 May 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Case 189 of 2015

Judge

["LA Omollo"]

The court held that it had jurisdiction because the dispute primarily concerned title, possession, validity of transfer after an auction, and alleged defects in the sale process. On the merits, it found the chargee failed to prove proper service of the mandatory statutory notice under section 74 of the repealed Registered Land Act, so the statutory power of sale had not accrued when the land was sold. However, the Plaintiff, as a purchaser at auction, was protected from nullification of the sale; the Defendants' remedy lay in damages, which they had not pleaded or proved. The alleged trust wa…

Source excerpt

• Statutory power of sale
• Service of statutory notices
• Validity of public auction sale
• Title and possession
• Trust
• Mesne profits

Oyange v Nyaboke t/a Lister Auctioneers & another

Oyange v Nyaboke t/a Lister Auctioneers & another (Civil Appeal E202 of 2025) [2026] KEHC 5543 (KLR) (30 April 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E202 of 2025

The High Court allowed an appeal from the Small Claims Court, holding that an auctioneer failed to exercise due diligence before sale of a vehicle later repossessed by the true owner.

• Auctioneer liability
• Refund of purchase price
• Due diligence
• Appeals from small claims court
• Auctioneer-liability
• Due-diligence

Jacob v Njoroge t/a Freeman Auctioneers & another

Jacob v Njoroge t/a Freeman Auctioneers & another (Civil Appeal E078 of 2026) [2026] KEHC 4925 (KLR) (Civ) (16 April 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E078 of 2026

The applicant failed to demonstrate substantial loss or offer security as required for injunctive relief pending appeal. The repossessed vehicle is of ascertainable value and any loss can be compensated by damages. The impugned order was negative and incapable of being stayed. The further affidavit was filed without leave and is irregular. The application is without merit and is dismissed with costs.

Source excerpt

• Repossession of security
• Injunctive relief pending appeal
• Auctioneers statutory duties
• Stay of execution
• Affidavit procedure

Kamau v Kelwon & Cheburet (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others

Kamau v Kelwon & Cheburet (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others (Civil Appeal E064 of 2025) [2026] KEHC 4743 (KLR) (10 April 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E064 of 2025

The attachment and sale of the motor vehicle KCY 289C were nullities due to failure to serve proclamation on the appellant, who demonstrated legal and equitable interest as a bona fide purchaser for value without notice. The doctrine of lis pendens was misapplied as the vehicle was not the subject matter of the original suit. The trial court erred in dismissing the objection proceedings and failing to follow mandatory procedure under the Auctioneers Rules and Order 22 of the Civil Procedure Rules.

Source excerpt

• Objection proceedings
• Doctrine of lis pendens
• Bona fide purchaser
• Execution of decrees
• Auctioneer rules
• Nullity of proceedings