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Civil procedure [2026] KEMC 705 (KLR)

Ndilangu v Chiration (Kna Road & Bridge Corporation (K)

Ndilangu v Chiration (Kna Road & Bridge Corporation (K) (Civil Case 517 of 2015) [2026] KEMC 705 (KLR) (6 August 2026) (Ruling)

The application failed because the plaintiff did not provide a satisfactory explanation for the nearly three-year delay after dismissal and over two years after the Chief Justice’s practice directions, despite procedural irregularities in the dismissal process. The court held that the plaintiff was guilty of laches, did not meet the threshold for equitable relief, and that the overriding objective could not be used to excuse inordinate unexplained delay.

  • Reinstatement of suit
  • Dismissal for want of prosecution
  • Notice to show cause
  • Delay and laches
  • Overriding objective
  • Practice directions
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Environment and land law [2026] KEELC 4991 (KLR)

Intercity General Company Ltd v Attorney General (Sued for and on Behalf of Kenya Air Force & Department of Defence)

Intercity General Company Ltd v Attorney General (Sued for and on Behalf of Kenya Air Force & Department of Defence) (Petition 189 of 2013) [2026] KEELC 4991 (KLR) (30 July 2026) (Ruling)

The court found the applicant’s explanation for non-attendance credible and excusable, noted the application was brought without undue delay, and held that justice required the dispute to be heard on the merits. It therefore exercised discretion to set aside the dismissal and reinstate the petition, but declined to immediately reinstate the injunction because the long-subsisting interim orders and current property situation required further address before such relief could be issued.

  • Reinstatement of dismissed suit
  • Dismissal for non-attendance/want of prosecution
  • Setting aside orders
  • Temporary injunction
  • Exercise of judicial discretion
  • Article 159(2)(d) substantive justice
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Succession law [2026] KEHC 10765 (KLR)

Owuor & another v Okwama & 3 others (Family Miscellaneous Civil Case E001 of 2024)

Owuor & another v Okwama & 3 others (Family Miscellaneous Civil Case E001 of 2024) [2026] KEHC 10765 (KLR) (17 July 2026) (Ruling)

The court held that the applicant had shown that the failure to file the required documents was counsel’s oversight, not a deliberate waiver of rights, and that this should not be used to bar him from representing the 1st house. Since the estate was polygamous, each house was entitled to representation, and appointing a person from the 2nd house to represent the 1st house created an improper anomaly. The objection based on educational status had no legal foundation because neither the Law of Succession Act nor the Constitution imposes academic qualifications for administrators. The prior subs…

  • Grant of letters of administration
  • Substitution of administrator
  • Setting aside orders
  • Polygamous estate representation
  • Priority of beneficiaries
  • Advocate mistake
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Criminal procedure [2026] KEHC 10698 (KLR)

Waweru v Republic

Waweru v Republic (Miscellaneous Criminal Application E088 of 2026) [2026] KEHC 10698 (KLR) (16 July 2026) (Ruling)

The applicant and her advocate failed to attend court on the hearing date to prosecute the application; therefore, the court dismissed the application for want of prosecution.

  • Dismissal for want of prosecution
  • Setting aside orders
  • Non-appearance of applicant/advocate
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Civil procedure [2026] KEELC 4341 (KLR)

Ogola (Suing as the legal representative of the Estate of John Okello Ngong - Deceased) v Mwalo (Being sued as the legal representative of the Estate of Mariko Mwalo Odero - Deceased) & another

Ogola (Suing as the legal representative of the Estate of John Okello Ngong - Deceased) v Mwalo (Being sued as the legal representative of the Estate of Mariko Mwalo Odero - Deceased) & another (Environment and Land Case E002 of 2023) [2026] KEELC 4341 (KLR) (9 July 2026) (Ruling)

The court found that the dispute was part-heard, the plaintiff had already closed her case, but the requested survey and limited reopening were necessary to determine occupation, land use and acreage on the suit property. Although the application was imperfectly presented and the claimed mistake of counsel was not clearly set out in the affidavit, the court held that the respondent had previously benefited from the applicant's procedural generosity and that any prejudice could be cured by allowing response to the survey report. The court therefore exercised its discretion in favour of substan…

  • Reopening of case
  • Survey report
  • Setting aside orders
  • Inherent jurisdiction
  • Fair hearing
  • Mistake of counsel
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Environment and land law [2026] KEELC 4205 (KLR)

Sheobo v Harshiv Autospares Hardware & Suppliers Limited & 5 others

Sheobo v Harshiv Autospares Hardware & Suppliers Limited & 5 others (Environment and Land Case E192 of 2022) [2026] KEELC 4205 (KLR) (8 July 2026) (Ruling)

The court found from the affidavit of service that the Plaintiff was not served with the joinder application. That non-service constituted sufficient cause to set aside the order of 18 September 2025 joining the 3rd Interested Party. Once that order was vacated, the application to convert the same entity into the 4th Defendant necessarily failed.

  • Joinder of parties
  • Setting aside orders
  • Service of process
  • Natural justice
  • Interested party versus defendant
  • Discretionary relief
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Civil procedure [2026] KEELC 4166 (KLR)

Sungur v Tarambete Self Help Group & another

Sungur v Tarambete Self Help Group & another (Environment and Land Appeal 10 of 2021) [2026] KEELC 4166 (KLR) (2 July 2026) (Ruling)

The court held that although the Applicant had been represented by counsel, that did not excuse total inattention to the appeal. Nevertheless, considering the circumstances leading to the striking out and the interests of justice, the Applicant deserved a chance to be heard on appeal. The court therefore exercised its discretion in the Applicant’s favour and reinstated the appeal subject to strict conditions.

  • Setting aside orders
  • Reinstatement of appeal
  • Record of appeal
  • Judicial discretion
  • Mistake of counsel
  • Delay
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Civil procedure [2026] KEHC 9196 (KLR)

P.I. Samba & Company Advocates v Buzeki Investment Group Ltd & 2 others

P.I. Samba & Company Advocates v Buzeki Investment Group Ltd & 2 others (Commercial Miscellaneous Application E1055 of 2020) [2026] KEHC 9196 (KLR) (Commercial and Tax) (25 June 2026) (Ruling)

The application failed because Zedekiah Buzeki Kiprop Bundotich had already appeared and been examined on oath, thereby defeating any complaint of non-service and confirming his connection to the Judgment Debtor; the alleged change in directorship occurred during execution without satisfactory explanation; and the motion was brought after an unreasonable and unexplained delay, showing it was intended to obstruct execution rather than raise a genuine grievance.

  • Setting aside orders
  • Stay of execution
  • Objector proceedings
  • Oral examination of judgment debtor
  • Service of process
  • Warrants of arrest
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Succession law [2026] KEHC 9355 (KLR)

In re Estate of Oluchimba (Deceased)

In re Estate of Oluchimba (Deceased) (Succession Cause 133 of 2008) [2026] KEHC 9355 (KLR) (25 June 2026) (Ruling)

The court held that it had inherent jurisdiction under Rule 73 to reopen the succession cause, and that the applicants had shown sufficient cause because they were beneficiaries who had not been given a meaningful opportunity to participate in redistribution proceedings, which appeared to have continued after the death of the original administratrix without proper substitution. Justice required that the matter be reopened so the applicants could be heard on the merits.

  • Reopening succession cause
  • Setting aside orders
  • Right to be heard
  • Service of process
  • Inherent jurisdiction
  • Distribution of estate
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Civil procedure [2026] KEMC 198 (KLR)

Motanya & another v Mahinda

Motanya & another v Mahinda (Civil Suit 659 of 2014) [2026] KEMC 198 (KLR) (25 June 2026) (Ruling)

The plaintiffs met the threshold for the exercise of discretion to set aside the order closing the defence case. The court accepted that the prejudice to the defendant was compensable by throwaway costs, and allowed the reopening of the defence case to enable cross-examination by the plaintiffs’ counsel.

  • Setting aside orders
  • Reopening a case
  • Cross-examination
  • Adjournment
  • Throwaway costs
  • Discretion of court
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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.