Kenya Case Law

Ndirangu v Jivunie Enterprises Ltd

Ndirangu v Jivunie Enterprises Ltd (Commercial Case E754 of 2025) [2026] SCC 228 (KLR) (21 August 2026) (Ruling)

Court

Small Claims Court

Case number

Commercial Case E754 of 2025

Judge

["ME Aligula"]

The Applicants specifically identified disputed factual averments in paragraph 5 of the supporting affidavit and demonstrated that those facts were material to the pending motion. The court held that fraud or bad faith are not mandatory preconditions to cross-examination under Order 19 Rule 2; the governing test is whether cross-examination is necessary in the interests of justice. On that basis, the court exercised its discretion to permit cross-examination, stayed the main motion pending that process, and limited the cross-examination to the identified factual disputes.

Source excerpt

• Cross-examination of deponent
• Affidavit evidence
• Discretion under order 19 rule 2
• Stay of proceedings
• Contested factual issues

Bior & another v Gaya & 2 others

Bior & another v Gaya & 2 others (Environment and Land Case E062 of 2026) [2026] KEELC 5313 (KLR) (29 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E062 of 2026

Judge

["CN Ondieki"]

The Court held that the Applicant had shown bona fide grounds only for cross-examination on two narrow issues: the locus standi of both Plaintiffs and current possession of the suit properties. All other proposed questions were rejected because they were central merits issues better left for trial and permitting them would amount to a premature mini-trial and fishing expedition.

Source excerpt

• Cross-examination of deponent
• Affidavit evidence
• Discretion under order 19 rule 2
• Locus standi
• Fishing expedition
• Interlocutory applications

Keittany & 8 others v Land Registrar Uasin Gishu County & 286 others

Keittany & 8 others v Land Registrar Uasin Gishu County & 286 others (Environment and Land Petition E002 of 2024) [2026] KEELC 4262 (KLR) (9 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Petition E002 of 2024

Judge

["CK Yano"]

The petition disclosed sufficiently contested issues and factual disputes that could not be thoroughly interrogated on affidavit evidence alone; applying the Supreme Court authority in Fanikiwa Limited, the court held that viva voce evidence with examination and cross-examination was the just and proper mode of hearing, so the earlier directions for written submissions were varied and the application allowed.

Source excerpt

• Mode of hearing
• Viva voce evidence
• Affidavit evidence
• Case management directions
• Judicial discretion
• Costs

Kimani v Law Society of Kenya & another

Kimani v Law Society of Kenya & another (Civil Case E039 of 2025) [2026] KEHC 9569 (KLR) (Civ) (23 June 2026) (Ruling)

Court

High Court

Case number

Civil Case E039 of 2025

Judge

["SN Mutuku"]

The Applicant failed to prove any self-evident error apparent on the face of the record or any other basis for review. The record showed that the Respondents had filed and served the replying affidavit and that the Applicant did not raise the alleged non-service at the material time. The earlier ruling dismissed the substantive application because it sought only spent interim orders. Review was therefore unavailable, and the motion was dismissed.

Source excerpt

• Review of judgment/order
• Error apparent on the face of the record
• Service of pleadings
• Right to fair hearing
• Interlocutory injunction
• Affidavit evidence

Korir v Angata Bargoi Farmers Society Ltd & another

Korir v Angata Bargoi Farmers Society Ltd & another (Civil Appeal (Application) E022 of 2020) [2026] KECA 1165 (KLR) (12 June 2026) (Ruling)

Court

Court of Appeal

Case number

Civil Appeal (Application) E022 of 2020

Judge

["JM Mativo", "PM Gachoka", "BM Kairaria"]

The applicants failed to prove any qualifying mistake, fraud, or misapprehension warranting interference with the consent order. Their complaint was a substantive attempt to reallocate land and add new terms, not a clerical or accidental error within rule 37. The consent remained binding, and the application was dismissed.

Source excerpt

• Consent orders
• Variation of consent judgment
• Mistake and accidental slip doctrine
• Subdivision and registration of land
• Co-operative society registration
• Affidavit evidence

Ayora v Odhiambo & another (Land Case (Originating Summons) E012 of 2023)

Ayora v Odhiambo & another (Land Case (Originating Summons) E012 of 2023) [2026] KEELC 3371 (KLR) (4 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Land Case (Originating Summons) E012 of 2023

Judge

["CG Mbogo"]

The court held that the earlier striking out of Hussein Hassan’s affidavit concerned an interlocutory application only and did not create a permanent bar against his testimony in the main suit; because his separate witness statement remained on record and no order had permanently excluded him, the objection had no legal basis and was dismissed in the interests of justice and fair hearing.

Source excerpt

• Originating summons
• Affidavit evidence
• Witness competency
• Striking out affidavits
• Viva voce hearing
• Right to fair hearing

Abdullahi & another v Mohamed & 3 others

Abdullahi & another v Mohamed & 3 others (Environment and Land Case 725 of 2016 & 325 of 2019 (Consolidated)) [2026] KEELC 2404 (KLR) (24 April 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 725 of 2016

The court set aside an ex parte judgment after finding no proof of service of later hearing notices on the 1st defendant, and expunged unsupported marital references.

• Setting aside ex parte judgment
• Service of process
• Affidavit evidence
• Ownership of land
• Right to fair hearing
• Setting-aside-judgment

Arendse v Meta Platforms, Inc & 14 others

Arendse v Meta Platforms, Inc & 14 others (Petition E052 of 2023) [2026] KEELRC 1023 (KLR) (22 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E052 of 2023

The ELRC allowed limited cross-examination and document production in a petition by content moderators, but refused a request for a live forensic demonstration of the SRT.

• Discovery
• Production of documents
• Cross-examination
• Affidavit evidence
• Secondary evidence
• Fair trial

Mbugua (Suing as the Next Friend and Representative of James Waweru Mbugua) v Marshalls (EA) Limited; Somaia & 12 others (Interested Parties)

Mbugua (Suing as the Next Friend and Representative of James Waweru Mbugua) v Marshalls (EA) Limited; Somaia & 12 others (Interested Parties) (Cause 669 of 2013) [2026] KEELRC 1018 (KLR) (9 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause 669 of 2013

Post-judgment application partly allowed: the court ordered examination of several directors/former directors on the judgment debtor’s assets and allowed possible personal liability if information is not provided.

• Execution of judgments
• Lifting the corporate veil
• Director liability
• Affidavit evidence
• Redundancy and terminal dues
• Post-judgment-execution