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Kenya decisions
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Maru v Kios & 4 others [2025] KEELC 5461 (KLR)
The court struck out a land injunction application for being improperly filed and sub judice, noting an existing case over the same parties and property.
Mbuthi v Muoki & 2 others [2025] KEELC 5351 (KLR)
The court found that the preliminary objection raised by the Defendants did not meet the threshold of a pure point of law as established in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd. The issues of whether the Plaintiff purchased the land, altered agreements, or whether there are pending or previously determined suits involve contested facts that require evidence and cannot be determined at the preliminary objection stage. On the issue of res judicata, the court held that claims based on trespass are continuing causes of action, and each fresh act of trespass gives rise…
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Kibor v Republic [2025] KEHC 10255 (KLR)
The High Court dismissed a repeated application for a non-custodial sentence, holding that it was an abuse of process after earlier appeals and similar applications had failed.
Wanjiru v Republic [2025] KEHC 10191 (KLR)
The High Court at Eldoret dismissed an application to convert a custodial sentence to probation, finding the issue had already been finally determined.
Kiptoo v Republic [2025] KEHC 10271 (KLR)
The High Court at Machakos dismissed an application for a Community Service Order, holding that the applicant’s indecent assault conviction was too serious for CSO.
Kipkoech v Fina Bank Ltd & 3 others [2025] KEHC 10176 (KLR)
The High Court granted a temporary injunction over land parcel Uasin Gishu/Kimumu/816, pending trial, while ordering the suit be fixed for hearing within 14 days.
M’Ngondu & another (Suing as the Legal Representatives of M’Ngondu M’Mucheke – Deceased) v Deputy County Commissioner – Igembe North & 3 others; M’Atheru (Interested Party) [2025] KEELC 5377 (KLR)
The court found that the applicants met the criteria for leave to amend the petition under rule 18 of the Constitutional Practice and Procedure Rules, as the amendments were sought before hearing commenced and any prejudice to the interested party could be compensated by costs. However, the plea for a status quo (conservatory) order was declined as it constituted an abuse of process: the applicants had previously sought and been denied similar conservatory relief, and the proper recourse for dissatisfaction with that ruling was an appeal, not a repeat application. The court emphasized that it…
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Ochieng v Principal Secretary, State Department for Basic Education [2025] KEHC 10441 (KLR)
The High Court granted the applicant leave to file one further judicial review application, while leaving earlier restrictions against further filings in place.
Onyango v Republic [2025] KEHC 10152 (KLR)
The High Court at Kibera dismissed a repeat sentence-revision application as an abuse of process after noting an earlier identical application had already been rejected.
Cherop v Bowen [2025] KECA 1240 (KLR)
The court held that once a party has elected to pursue a review application and prosecuted it to conclusion, the right to appeal the original decision is extinguished. The applicant, having sought and failed in review, cannot subsequently seek to appeal the same decision, even if the application for extension of time is otherwise meritorious. Granting leave to appeal in such circumstances would be futile and contrary to established legal principles that prohibit parties from pursuing both review and appeal, whether concurrently or consecutively. The application for extension of time was there…
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