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Kenya decisions
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Mukhwami v Kenya Electricity Transmission Limited [2024] KEELRC 1036 (KLR)
The court dismissed an application for interim reinstatement and an injunction after striking out annexures that were not properly sealed and noting the post had been filled.
Salim Mweni Athman v Independent Electoral & Boundaries Commisssion (I.E.B.C),Sudi Masha & Mramba Nixon Charo [2017] KEMC 55 (KLR)
The court struck out an election petition for failure to deposit security for costs and for omitting the election results and declaration date from the pleadings.
Dickson Karani Yaa v Independent Electoral and Boundaries Commission, Abdiwahid Hussein – Returning Officer Kilifi North Constituency & Emmanuel Changawa Kombe [2017] KEMC 54 (KLR)
The court dismissed an application to strike out an election petition, holding that the petition and annexed Form 36B sufficiently complied with pleading rules.
Saad Yusuf Saad v Independent Electoral and Boundaries Commission (IEBC), Nancy Wanjiku Kariuki & Mohamed Asha Hussein [2017] KEELC 285 (KLR)
The court found that service of the petition was not properly effected on the 3rd Respondent as required by law, as there was no credible evidence that the person served was a duly authorized agent. The court further held that the petition failed to comply with mandatory requirements regarding form and content, specifically omitting essential particulars such as the results of the election and the address of the petitioner and advocate. The supporting affidavit also failed to state the date of the election, the results, and the advocate's address as required. The court emphasized that these r…
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Jim Kenyanya v Independent Electoral and Boundaries Commission, Wilson Kimutai Kipchumba & Daniel Ombasa [2017] KEMC 64 (KLR)
The court found that the petition and supporting affidavit failed to comply with mandatory requirements under the Elections (Parliamentary and County Elections) Petition Rules 2017, specifically the omission of the date of declaration of results in the petition and the absence of election results and grounds in the supporting affidavit. These deficiencies were substantive and went to the root of the petition, depriving the respondents of fair notice and the ability to prepare a defense. The court held that such defects could not be cured by supplementary affidavits or amendment outside the st…
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REPUBLIC v PETER IRERI KIMOTHO, JOHN MBOGO KIMOTHO, STELLA NJOKI MWANGI & STEPHEN KATHURI KIMOTHO [2011] KEHC 3269 (KLR)
High Court bail ruling in a murder case. The court struck out the prosecution’s undated affidavit and granted the second accused bail on terms.
MWANGI CHARLES MAHINDA & EDWARD KINGS ONYANCHA MAINA v KENYA COMMERCIAL BANK LTD, SUSAN OUTA MUDHUNE, SUSAN NKIROTE OMANGA, PETER WANYAGA MUTHOKA & ERNST & YOUNG [2008] KEHC 593 (KLR)
The High Court held that all defendants were represented and could not be defaulted. It also struck out paragraph 10 of an affidavit as scandalous.
Southern Credit Banking Corp. Ltd v Charles Wachira Ngundo [2005] KEHC 1573 (KLR)
The court found that the evidence presented by the plaintiff was insufficient to establish the precise amount owed by the defendant at the material time, as the account statements provided did not cover the period after the sale of the charged property. There was also a discrepancy between the sale price stated in the pleadings and the amount shown in the certificate of title. These uncertainties raised genuine triable issues regarding the defendant's true indebtedness. Consequently, the court held that summary judgment was inappropriate and that the defendant was entitled to unconditional le…
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THOMAS NYAOMA ONGONDO v DISTRICT LAND REGISTRARS, DISTRICT SURVEYOR & STEPHEN MABEYA ARIERI [2004] KEHC 299 (KLR)
The High Court struck out a defective supporting affidavit for noncompliance with the Advocates Act and dismissed the application with costs.
Gayatri Industries Ltd v Harambee Sacco Ltd [2004] KEHC 1592 (KLR)
The court held that the failure to endorse the name and address of the advocate who prepared the affidavit, as required by section 35(1) of the Advocates Act, rendered the affidavit fatally defective. This omission is criminalized by statute and cannot be overlooked, regardless of whether it was willful or inadvertent. The court distinguished between defects in the jurat (such as missing dates) and the statutory requirement to identify the drawer of legal documents, finding the latter to be mandatory and not a mere technicality. Consequently, the affidavit in support of the application was st…
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