Kenya Case Law

Nyingi v Thuita

Nyingi v Thuita [2025] KEELC 5135 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 214 of 2013

Judge

JO Olola

The court found that the applicant failed to demonstrate sufficient cause for the grant of stay of execution or review of the judgment. The delay of approximately four months in filing the application was unexplained. The applicant's claim that her former advocates were negligent and failed to present evidence did not constitute a ground for review, as the record showed the applicant's advocate elected not to call any witnesses. The court emphasized that the obligation to follow up on the progress of litigation rests with the client, and any negligence by the advocate gives rise to a separate…

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• Stay Of Execution
• Review Of Judgment
• Advocate Negligence
• Possession And Occupation
• Documentary Evidence
• Delay In Application

M’Amiru v Kirathi

M’Amiru v Kirathi [2025] KEELC 5166 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E006 of 2023

Judge

JO Mboya

The court found that the application sought to set aside a non-existent interlocutory injunction judgment, as only a final judgment had been entered and executed. The court held that it lacked jurisdiction to set aside non-existent orders and that the application was filed after an unreasonable and unexplained delay of over twelve months. The applicant failed to demonstrate due diligence or provide satisfactory reasons for the delay, and the court emphasized that equitable discretion cannot be exercised in favor of a party who has been indolent and failed to act promptly. The court further he…

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• Setting Aside Judgment
• Delay And Laches
• Advocate Negligence
• Court Discretion
• Execution Of Judgment

Kiamba t/a Oasis Resorts Club & another v Mutuku

Kiamba t/a Oasis Resorts Club & another v Mutuku [2025] KEHC 9216 (KLR)

Court

High Court

Case number

Civil Appeal E190 of 2024

Judge

AN Ongeri

The High Court allowed an appeal in execution proceedings, set aside dismissal of an objection and a refusal to recall witnesses, and remitted the matter.

• Execution Proceedings
• Objector Proceedings
• Recall Of Witnesses
• Functus Officio
• Advocate Negligence
• Ownership Of Attached Property

Chemao v Maina

Chemao v Maina [2025] KEELC 4967 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2024

Judge

EC Cherono

The Environment and Land Court dismissed an appeal against refusal to set aside ex parte judgment, holding the appellant had not diligently pursued the case.

• Setting Aside Ex Parte Judgment
• Default Judgment
• Access Road Disputes
• Duty Of Litigant
• Advocate Negligence
• Land Registration

Ochieng v Awanad Enterprises Limited & 2 others

Ochieng v Awanad Enterprises Limited & 2 others [2025] KECA 757 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E054 of 2021

Judge

SG Kairu

The Court of Appeal dismissed an application to extend time to file an appeal record, finding the applicant gave no satisfactory explanation for the long delay.

• Extension Of Time
• Appeal Out Of Time
• Judicial Discretion
• Delay In Filing
• Advocate Negligence
• Extension-of-time

Macharia v Wangui (Suing as the Official Donee of the General Power of Attorney of Joseph Muigai Muroki) & 2 others

Macharia v Wangui (Suing as the Official Donee of the General Power of Attorney of Joseph Muigai Muroki) & 2 others [2025] KEELC 3635 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2024

Judge

JM Onyango

The court found that the appellant did not satisfy the criteria for admission of additional evidence on appeal as established by the Supreme Court in Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamed & 3 Others. The appellant failed to demonstrate that the evidence could not have been obtained with reasonable diligence at trial, and his explanation attributing the omission to advocate negligence was insufficient. The court emphasized that parties are responsible for their own cases and must actively participate in the litigation process. The application was therefore dismissed, and the appellant…

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• Admission Of Additional Evidence
• Appellate Procedure
• Advocate Negligence
• Pecuniary Jurisdiction
• Land Sale Disputes

Mwananchi Credit Limited v Startruck Auctioneers Investment Yard Limited

Mwananchi Credit Limited v Startruck Auctioneers Investment Yard Limited [2025] KEHC 1022 (KLR)

Court

High Court

Case number

Miscellaneous Application E248 of 2024

Judge

PM Mulwa

The court dismissed the application for leave to file an appeal out of time and for stay of execution because the Applicant failed to provide sufficient cause for the delay in filing the appeal and failed to demonstrate an arguable appeal raising pertinent issues of law, or an immediate threat of execution.

Source excerpt

• Enlargement Of Time
• Stay Of Execution
• Appeals From Subordinate Courts
• Advocate Negligence

In re Estate of Ngari Rukungu (Deceased)

In re Estate of Ngari Rukungu (Deceased) [2025] KEHC 16749 (KLR)

Court

High Court

Case number

Civil Appeal 21 of 2017

Judge

RM Mwongo

The High Court declined to reinstate an appeal or grant stay, finding unexplained delay and non-compliance with court orders, but allowed change of advocates.

• Appeal Reinstatement
• Stay Of Execution
• Delay And Laches
• Advocate Negligence
• Court Orders Compliance
• Appeal-reinstatement

Bsinde v Teledata Technologies Limited Delta Energy Systems (K)

Bsinde v Teledata Technologies Limited Delta Energy Systems (K) [2025] KEELRC 217 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E318 of 2024

Judge

DKN Marete

The application for leave to file an appeal out of time was dismissed because there was an inordinate and unexplained delay in bringing the application, coupled with an element of the application being an afterthought, and allowing it would not be in the interest of justice or good practice.

Source excerpt

• Extension Of Time
• Wrongful Termination
• Advocate Negligence
• Delay In Appeal
• Terminal Benefits
• Discretion Of Court

Rukuma v Kinoti

Rukuma v Kinoti [2025] KEELC 87 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2023

Judge

JO Mboya

The court granted the extension of time to file the notice of appeal because the Applicant demonstrated diligence and made reasonable efforts to pursue his appeal, and the delay was primarily attributable to the negligence of his previous counsel. The potential prejudice to the Respondent was deemed capable of being compensated by an award of costs.

Source excerpt

• Extension Of Time
• Right Of Appeal
• Advocate Negligence
• Land Disputes
• Stay Of Execution