Kenya Case Law

Kimundi v Mutua

Kimundi v Mutua [2025] KEELC 5453 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2021

Judge

EO Obaga

The court found that the applicant was aware of the existence of the certificate of lease for parcel number Sultan Hamud Town/341 before calling her witness at trial and could have obtained and produced the evidence with reasonable diligence. The court applied the principles set out in Mohamed Abdi Mohamed v Ahmed Abdullahi Mohamed & 3 others (2018) eKLR, emphasizing that additional evidence on appeal should only be admitted if it could not have been obtained earlier with reasonable diligence and is directly relevant to the issues in dispute. The court determined that the evidence sought to b…

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• Additional Evidence On Appeal
• Admission Of Fresh Evidence
• Land Title Disputes
• Ownership Of Land
• Burden Of Proof

Kipchumba v Esata

Kipchumba v Esata [2025] KEHC 10635 (KLR)

Court

High Court

Case number

Civil Appeal E111 of 2022

Judge

RN Nyakundi

High Court appeal on personal injury quantum reduced general damages from Kshs. 1,000,000 to Kshs. 500,000, while upholding future medical expenses and special damages.

• Assessment Of Damages
• Personal Injury
• Quantum Of Damages
• Future Medical Expenses
• Liability In Road Accidents
• Personal-injury

Muatha v Mwikya & another

Muatha v Mwikya & another [2025] KEELC 5441 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E015 of 2020

Judge

EO Obaga

The Environment and Land Court declined to reinstate a suit dismissed for want of prosecution, finding it had abated after the plaintiff’s death and had become moot.

• Suit Abatement
• Reinstatement Of Suit
• Substitution Of Parties
• Ministerial Decision Implementation
• Suit-abatement
• Reinstatement-of-suit

Boss Freight Terminal Limited v Kenya Railways Corporation & another

Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E060 of 2025

Judge

SM Kibunja

The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.

• Interlocutory Injunctions
• Proprietary Rights
• Title Challenges
• Balance Of Convenience
• Irreparable Injury
• Interlocutory-injunctions

Philip & 22 others v National Housing Corporation & another

Philip & 22 others v National Housing Corporation & another [2025] KEELC 5451 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition E006 of 2023

Judge

SM Kibunja

The court dismissed a contempt application, finding no clear proof that the status quo order was breached and no personal service on the managing director.

• Contempt Of Court
• Status Quo Orders
• Injunctive Relief
• Eviction Proceedings
• Contempt-of-court
• Status-quo-orders

Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others

Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others [2025] KEELC 5458 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 337 of 2017

Judge

EO Obaga

The court dismissed an application to review a prior ruling on contempt, holding the applicant raised appeal grounds rather than any basis for review.

• Review Of Court Orders
• Contempt Of Court
• Injunctions
• Purging Contempt
• Review-of-court-orders
• Contempt-of-court

Maru v Kios & 4 others

Maru v Kios & 4 others [2025] KEELC 5461 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E010 of 2025

Judge

GMA Ongondo

The court struck out a land injunction application for being improperly filed and sub judice, noting an existing case over the same parties and property.

• Sub Judice
• Jurisdiction
• Institution Of Suits
• Injunctions
• Abuse Of Process
• Sub-judice

Ngaywa & Kibet Co Advocates v Monarch Insurance Co Ltd

Ngaywa & Kibet Co Advocates v Monarch Insurance Co Ltd [2025] KEHC 10669 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E066 of 2023

Judge

TW Ouya

The court found that the applicant's certificate of taxation for Ksh. 57,025.00 was uncontested, as there was no reference, appeal, or dispute as to retainer, and the respondent had not responded to the application. Under Section 51(2) of the Advocates Act, the certificate is final and judgment should be entered for the certified sum. However, the applicant failed to provide evidence that a demand for interest was made in the bill of costs served on the respondent, as required by Rule 7 of the Advocates Remuneration Order and established case law. Therefore, the claim for interest was disallo…

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• Advocate Client Costs
• Certificate Of Taxation
• Interest On Taxed Costs

Rotich & 7 others v Yator & 14 others

Rotich & 7 others v Yator & 14 others [2025] KEELC 5432 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 12 of 2020

Judge

EO Obaga

The court found that the Applicants were entitled to seek leave for a change of advocate post-judgment in compliance with Order 9 Rule 9 of the Civil Procedure Rules. There was no objection from the outgoing advocates regarding their removal, and the existence of pending applications justified the Applicants' need for representation. The court held that the issue of delay did not arise, as the Applicants had a right to be heard on matters affecting them. The objections raised by the Respondents regarding the authority to appoint advocates and the alleged lateness of the application were not s…

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• Change Of Advocate Post Judgment
• Representation Rights
• Order 9 Rule 9 Civil Procedure Rules
• Land Dispute Resolution
• Mediation Adoption
• Party Entitlement To Be Heard

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party)

Gacheru & 2 others (Suing as Officials and Members of Good Neighbours Self Help Group) v Shamba Poa Investments Company Limited & 23 others; Mulwa & another (Third party) [2025] KEELC 5449 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 41 of 2017

Judge

CA Ochieng

The court found that Wayua Muthama, ID No. 5051002, was the true legal owner of LR No. Mavoko Town Block 3/2719, having demonstrated the root of her title and retained the original certificate. The transactions purporting to transfer the land to Shamba Poa Investments Company Limited were fraudulent, orchestrated by an imposter (Veronica Kangwele Kibwau) and an advocate (F.M. Mulwa), neither of whom had authority or capacity to convey title. As a result, Shamba Poa acquired no proprietary interest, and all subsequent transfers to the defendants were null and void. The defendants failed to est…

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• Fraudulent Land Transfer
• Bona Fide Purchaser
• Title Cancellation
• Land Ownership Dispute
• Injunctions
• Restitution