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Kenya decisions
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Maganga v Jenebys Enterprises Limited [2025] KEELRC 2004 (KLR)
The court set aside an interlocutory judgment after finding the affidavit of service was defective and service of summons had been irregular.
Kimathi v Andabwa [2025] KEHC 9512 (KLR)
The High Court dismissed an appeal against dismissal of a suit for expired summons, holding that no notice was required and no basis existed to set aside the ruling.
Kamau v Kareithi [2025] KEHC 9599 (KLR)
The High Court at Kiambu declined to dismiss the appeal for want of prosecution because proper service of the application was not proved.
Fadhil (Suing as the Legal Administrator to the Estate of the Late Amina Mwatumbo Kongo - Deceased) v Ali & 2 others [2025] KEELC 4428 (KLR)
The court set aside a dismissal entered for non-attendance and reinstated the suit after finding no proof that the plaintiff had been served with a hearing notice.
Mwangi v Consolidated Bank of Kenya Limited & 3 others; M/S Harrison Kinyanjui & Company Advocates (Applicant) [2025] KECA 1047 (KLR)
The Court of Appeal dismissed an advocate’s application to cease acting, holding that email and WhatsApp messages were not proof of service and no affidavit of service had been filed.
Kamau v Njuguna [2025] KEHC 7042 (KLR)
The High Court set aside a default judgment after finding no proof of proper WhatsApp service on the appellant and treating the judgment as irregular.
Accra Pharmacy Limited & another v Nairobi City County Government; Attorney General (Interested Party) [2025] KEHC 5747 (KLR)
The High Court struck out a judicial review chamber summons seeking enforcement of a certificate of order against the Government for lack of service and incomplete documents.
Isack & another v Nduta & another (Suing as the Legal Representatives of the Estate of Tabitha Nduta Kago (Deceased)) [2025] KEHC 6159 (KLR)
The High Court at Kiambu dismissed a Notice of Motion for non-attendance after the applicant and counsel failed to appear and no affidavit of service was filed.
Ndungu v Kamau & another [2025] KEHC 5429 (KLR)
The court found that the affidavit of service filed by the 2nd Respondent/Applicant was irregular and insufficient as it lacked the attached image of the Whatsapp page, which was necessary to prove electronic service. Furthermore, service was only effected upon the Auctioneer and not upon the Appellant as required by the court's directions. As a result, the court held that service was improper and issued fresh directions for proper service to be effected upon both the Appellant and the 1st Respondent, with timelines for responses and submissions clearly stipulated.
Source excerpt
Omwega v Kendagor & another [2025] KEHC 4455 (KLR)
High Court appeal on service of summons and interlocutory judgment. The court upheld the setting aside of the earlier judgment for lack of proof of authorized service.
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