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Kenya Case Law

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Land law [2026] KEELC 3390 (KLR)

Hari v Highlands Homes Investments Co Ltd

Hari v Highlands Homes Investments Co Ltd (Environment and Land Case E001 of 2026) [2026] KEELC 3390 (KLR) (28 May 2026) (Ruling)

The application failed because the Plaintiff did not demonstrate due diligence, the alleged new evidence and error were unsupported and inconsistent, the Defendant's corporate existence was contradicted by incorporation records, the Plaintiff had herself sued the Defendant as a limited liability company long ago, the application sought to undermine an unchallenged 1994 judgment through consequential orders, and the application was brought after inordinate delay. The Court therefore dismissed it with costs.

  • Review of orders
  • Setting aside ex parte orders
  • Discovery of new and important evidence
  • Error apparent on the face of the record
  • Inordinate delay
  • Due diligence
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Civil procedure [2026] KECA 514 (KLR)

Gathumbi v Gathumbi

The Court of Appeal dismissed a Rule 5(2)(b) application for stay and injunction, holding there was no jurisdiction to stay a negative order and no valid appeal without leave.

  • Rule 5(2)(b) jurisdiction
  • Arguable appeal
  • Nugatory test
  • Negative order
  • Leave to appeal
  • Order 42 rule 6 stay
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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.