Kenya Case Law

Chemonye v Chemonye & 3 others

Chemonye v Chemonye & 3 others (Environment and Land Case E009 of 2023) [2026] KEELC 4322 (KLR) (13 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E009 of 2023

Judge

["CN Ondieki"]

The application failed because the Applicants did not first pursue the proper criminal/investigative channel, did not show exceptional circumstances or unlawful refusal/delay by the police, and brought the request after an unexplained three-year delay. Ordering forensic examination through this civil suit would improperly convert it into a criminal investigative process and would undermine the overriding objective and expeditious disposal of the case.

Source excerpt

• Discovery
• Forensic examination of signatures
• Inherent jurisdiction
• Exhaustion of remedies
• Delay in litigation
• Fishing expedition

Elpa & 212 others v Majani Mingi Group Companies Ltd & 4 others

Elpa & 212 others v Majani Mingi Group Companies Ltd & 4 others (Petition 18 of 2019) [2026] KEELRC 1739 (KLR) (19 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition 18 of 2019

Judge

["AN Mwaure"]

The Respondent, as statutory custodian of employment records, should as far as possible avail the relevant employment records to the court and the Petitioners, but the court would not compel a County Labour Officer inspection because no sufficient evidence showed the necessity or relevance of involving the Labour Office. The court was also persuaded by the long delay in prosecuting the petition and required the case to proceed to hearing without further delay.

Source excerpt

• Production of employment records
• Labour officer inspection
• Burden of proof
• Discovery
• Delayed prosecution of petition
• Employment records retention

Moiben Connections Ltd & 2 others v KCB Bank Kenya Ltd

Moiben Connections Ltd & 2 others v KCB Bank Kenya Ltd (Civil Suit E024 of 2025) [2026] KEHC 8416 (KLR) (22 May 2026) (Ruling)

Court

High Court

Case number

Civil Suit E024 of 2025

Judge

["JRA Wananda"]

The applicants failed to prove a prima facie case because they did not substantiate the allegations of unlawful interest inflation, forced underpriced sale, or any enforceable trust burdening the bank, while the bank showed default, service of all required notices, and a valid basis for enforcement. Since the first Giella limb failed, the injunction could not issue; in any event, damages would suffice and the balance of convenience favoured the bank. The discovery and CRB prayers were also unmerited at this stage.

Source excerpt

• Interlocutory injunction
• Statutory power of sale
• Loan default
• Charge enforcement
• Crb listing
• Discovery

McFarlane v Everett Aviation (Chapter) Limited

McFarlane v Everett Aviation (Chapter) Limited (Cause E010 of 2025) [2026] KEELRC 1137 (KLR) (30 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E010 of 2025

The application for third-party discovery against KCAA is unnecessary because, in employment disputes, the burden of proof regarding unfair termination and discrimination lies with the employer once the employee establishes a prima facie case. The information sought is not directly relevant to the pleaded issues, and discovery must be confined to documents necessary for the matters in contention as defined by the pleadings. The application is therefore without merit.

Source excerpt

• Discovery
• Norwich pharmacal order
• Unfair termination
• Access to information
• Aviation safety
• Discrimination

Kenya Chemical Workers Union v Cosmos Limited

Kenya Chemical Workers Union v Cosmos Limited (Employment and Labour Relations Cause E181 of 2026) [2026] KEELRC 1084 (KLR) (27 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E181 of 2026

The Claimant failed to establish a prima facie case for interim injunctive relief as evidence of changed retirement age was limited to three employees, not all unionisable employees. Any loss from retirement at 55 years is quantifiable and compensable in damages, and remedies of reinstatement or re-engagement exist. Discovery was declined as retirement notices are in possession of Claimant's members. Timelines for filing defense are already fixed by rules.

Source excerpt

• Collective bargaining agreement
• Retirement age
• Interim injunctions
• Discovery
• Employment contracts

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

In re Estate of Jackson Mubia Waweru (Deceased)

In re Estate of Jackson Mubia Waweru (Deceased) [2023] KEHC 22944 (KLR)

Court

High Court

Case number

Succession Cause 125 of 2016

Judge

J Wakiaga

The High Court dismissed discovery, injunction, and accounts applications in a long-running succession dispute, finding the applications abusive and partly res judicata.

• Succession Procedure
• Administration Of Estates
• Confirmation Of Grant
• Rendering Of Accounts
• Succession-procedure
• Administration-of-estates

Palm Oil Transportes Ltd v Kenfreight E.A. Ltd

Palm Oil Transportes Ltd v Kenfreight E.A. Ltd [2022] KEHC 14327 (KLR)

Court

High Court

Case number

Commercial Case E028 of 2020

Judge

DAS Majanja

The High Court allowed a defendant’s application for third-party disclosure against KRA, holding the requested material was relevant to a cargo short-delivery dispute.

• Third Party Disclosure
• Norwich Pharmacal Orders
• Discovery Against Non Parties
• Carriage Of Goods
• Breach Of Contract
• Third-party-disclosure

Eugefreight Travel & Tours Limited v Souza & another

Eugefreight Travel & Tours Limited v Souza & another [2022] KEELC 3956 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E082 of 2021

Judge

EK Wabwoto

The Environment and Land Court partly allowed an application to reopen discovery, issue witness summons, and permit further documents, but declined to direct a criminal investigation.

• Discovery Process
• Admissibility Of Evidence
• Witness Summons
• Succession Proceedings
• Identity Verification
• Civil-procedure

Badminton Confederation of Africa v Peter Gacheru

Badminton Confederation of Africa v Peter Gacheru [2019] KEHC 12199 (KLR)

Court

High Court

Case number

Civil Suit 346 of 2015

The High Court ordered the plaintiff to provide Kshs. 500,000 security for costs, finding the foreign-domiciled plaintiff had no known assets in Kenya and had not rebutted the application.

• Security For Costs
• Discretionary Orders
• Foreign Plaintiff
• Burden Of Enforcement
• Security-for-costs
• Civil-procedure