Kenya Case Law

Pink Pearl Investments Ltd v Esteel Construction Ltd

Pink Pearl Investments Ltd v Esteel Construction Ltd (Commercial Miscellaneous Application E805 of 2025) [2026] KEHC 12218 (KLR) (Commercial and Tax) (31 July 2026) (Ruling)

Court

High Court

Case number

Commercial Miscellaneous Application E805 of 2025

Judge

["FG Mugambi"]

The application for review failed because the alleged omission of paragraph 24 did not amount to an error apparent on the face of the record: paragraph 24 was part of the Court's reasoning explaining the limits of its jurisdiction, not an operative order, and the Court had in fact considered the relevant contractual and arbitral materials. The complaints amounted to disagreement with the breadth or adequacy of the earlier reasoning, which is a matter for appeal, not review.

Source excerpt

• Review under order 45
• Finality of high court decision under section 17(6) of the arbitration act
• Error apparent on the face of the record
• Extracted orders versus ratio decidendi
• Arbitrability and arbitral jurisdiction
• Article 159(2)(d) technical defects

Intraspeed Logistics Ltd & 15 others v Commissioner of Police also known as Inspector General of Police & another

Intraspeed Logistics Ltd & 15 others v Commissioner of Police also known as Inspector General of Police & another (Judicial Review E030 of 2026) [2026] KEHC 9664 (KLR) (Judicial Review) (3 July 2026) (Ruling)

Court

High Court

Case number

Judicial Review E030 of 2026

Judge

["WM Musyoka"]

The applicants failed to demonstrate any error apparent on the face of the record or any new and important evidence. The record showed the certificate existed, but there was no proof of service on the respondents or accounting officer as required by section 21 of the Government Proceedings Act. In the absence of service, the duty to settle the decree had not accrued, so the review application failed.

Source excerpt

• Review under order 45
• Mandamus against government
• Certificate of order against the government
• Service on accounting officer
• Government proceedings act section 21

Gwaro v Kenya Revenue Authority

Gwaro v Kenya Revenue Authority (Petition E036 of 2025) [2026] KESC 40 (KLR) (19 June 2026) (Ruling)

Court

Supreme Court

Case number

Petition E036 of 2025

Judge

["PM Mwilu", "SC Wanjala", "N Ndungu", "I Lenaola", "W Ouko"]

The Supreme Court lacked jurisdiction because the appeal did not genuinely involve interpretation or application of the Constitution. The dispute was substantively an employment termination and review matter governed by the Employment Act, Order 45 of the Civil Procedure Rules, and the ELRC Procedure Rules, and the constitutional references were merely incidental and not litigated as primary issues in the courts below. The petition was therefore an impermissible second appeal dressed in constitutional garb and was struck out.

Source excerpt

• Supreme court jurisdiction under article 163(4)(a)
• Interpretation or application of the constitution
• Preliminary objection
• Review under order 45
• Review under elrc procedure rules
• Summary dismissal

Inspector General of Police & another v Njagi & 6 others

Inspector General of Police & another v Njagi & 6 others (Environment and Land Petition E003 of 2022) [2026] KEELC 3550 (KLR) (4 June 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Petition E003 of 2022

Judge

["EC Cherono"]

The petition failed because the petitioners did not prove that parcel Evurore/Evurore/1067 was public land, did not prove any violation of Articles 40, 47, 50 and 62, did not show fraud or illegality to impeach the 1st Respondent’s title under section 26 of the Land Registration Act, and did not establish any lawful basis for review of the unchallenged 22/10/2015 orders. The 1st Respondent’s registration stood on an unvacated court order, so the resultant titles could not be cancelled and no injunction could issue.

Source excerpt

• Article 40 property rights
• Article 47 fair administrative action
• Article 50 fair hearing
• Article 62 public land
• Cancellation of title
• Review under order 45

In re Estate of Tabitha Kalondu Ngove (Deceased)

In re Estate of Tabitha Kalondu Ngove (Deceased) (Succession Cause 2712 of 2003) [2026] KEHC 6821 (KLR) (Family) (21 May 2026) (Ruling)

Court

High Court

Case number

Succession Cause 2712 of 2003

Judge

["HK Chemitei"]

The applicants failed to satisfy the narrow threshold for review because they did not show discovery of new evidence, an error apparent on the face of the record, or any other sufficient cause. Their complaints went to the merits of the orders removing them as administrators, which is a matter for appeal, not review. Since a Further Rectified Grant had already issued and the applicants remained in default of accounting obligations, the court declined to disturb the current administration.

Source excerpt

• Review under order 45
• Setting aside ex parte orders
• Administrator removal and replacement
• Accounting by personal representatives
• Stay pending appeal
• Fair hearing and natural justice

DIB Bank Kenya Limited v Burgis Limited & 2 others

DIB Bank Kenya Limited v Burgis Limited & 2 others (Civil Suit E579 of 2023) [2026] KEHC 7621 (KLR) (Commercial and Tax) (14 May 2026) (Ruling)

Court

High Court

Case number

Civil Suit E579 of 2023

Judge

["PM Mulwa"]

Although the Defendants did not strictly satisfy the threshold for review under Order 45, the court found sufficient cause to set aside the ex parte orders because service and knowledge were disputed and the matter should be heard on merit. Once the ex parte orders were set aside, the contempt application collapsed for lack of a subsisting, clearly established order and proof of service or deliberate disobedience. The Defendants were also granted leave to file defence out of time because no irreparable prejudice to the Plaintiff was shown and substantive justice favoured a hearing on the meri…

Source excerpt

• Setting aside ex parte orders
• Review under order 45
• Leave to file defence out of time
• Service by email
• Fair hearing
• Contempt proceedings

Sammy v Ndambuki & 2 others

Court

Environment and Land Court

Case number

Environment and Land Appeal E009 of 2025

Judge

["EO Obaga"]

The court held that leave was not required to appeal a review order and granted a stay of proceedings pending appeal, finding the intended appeal arguable.

• Stay of proceedings
• Leave to appeal
• Review under order 45
• Jurisdiction
• Affidavit by advocate
• Exercise of judicial discretion

Racheal Njango Mwangi (Suing as a Legal Representative of the Estate of Mwangi Kabaiku - Deceased) v Hannah Wanjiru Kimiti & John Njenga Wanjiru

Court

Environment and Land Court

Case number

Environment and Land Case 283 of 2017

Judge

["JA Mogeni"]

The court allowed police escort for execution of a decree and dismissed the defendants’ review application for failing to show any basis to reopen lapsed stay orders.

• Police assistance in execution
• Stay of execution pending appeal
• Review under order 45
• Effect of death of a defendant
• Abatement and survival of cause of action
• Conditional stay orders

Abdirahman Osman & 164 others (Suing on Their Behalf and Behalf of Residents of Merti Sub-County, Chari, and Cherab Wards in Isiolo County) v Northern Rangelands Trust & 10 others

Court

Environment and Land Court

Case number

Petition 006 of 2021

Judge

["OA Angote", "CK Yano", "CK Nzili"]

The court dismissed motions to set aside, join new parties, and stay execution, holding it was not functus officio and that no substantial loss was shown.

• Functus officio
• Stay of execution pending appeal
• Setting aside judgment
• Post-judgment joinder
• Service of process
• Regular versus irregular judgment