Kenya Case Law

Real People Kenya Limited v Kirongothi & 4 others; Daystar Auctioneers (Interested Party)

Real People Kenya Limited v Kirongothi & 4 others; Daystar Auctioneers (Interested Party) [2025] KEHC 9938 (KLR)

Court

High Court

Case number

Civil Appeal E818 of 2021

Judge

JN Mulwa

The High Court set aside an ex parte dismissal order, reinstated the appeal, and enlarged time after finding the appellant had complied with prior directions.

• Appeal Reinstatement
• Dismissal For Non Prosecution
• Extension Of Time
• Exercise Of Judicial Discretion
• Appeal-reinstatement
• Extension-of-time

Hajj Motors Limited v Treadsetters Tyres Limited

Hajj Motors Limited v Treadsetters Tyres Limited [2025] KEHC 4357 (KLR)

Court

High Court

Case number

Civil Appeal E061 of 2024

Judge

AC Mrima

The High Court reinstated an appeal dismissed for want of prosecution, finding the dismissal premature because the lower court file and certified proceedings were unavailable.

• Appeal Reinstatement
• Stay Of Execution
• Dismissal For Want Of Prosecution
• Appeal-reinstatement
• Stay-of-execution
• Dismissal-for-want-of-prosecution

Sammy Traders Limited & another v Barasa and Shoto (Suing as the legal representatives of the Estate of the Late Simon Shoto Barasa) & another

Sammy Traders Limited & another v Barasa and Shoto (Suing as the legal representatives of the Estate of the Late Simon Shoto Barasa) & another [2025] KEHC 4394 (KLR)

Court

High Court

Case number

Civil Appeal E040 of 2024

Judge

AC Bett

The fundamental reason for allowing the application was that the delay in filing the Record of Appeal was primarily attributable to the trial court's failure to supply the typed proceedings, and the appeal was not yet a year old since filing, thus not warranting dismissal for want of prosecution under Order 42 Rule 35 of the Civil Procedure Rules. Justice demands that the appeal be heard on merit.

Source excerpt

• Appeal Reinstatement
• Extension Of Time
• Dismissal For Want Of Prosecution

Chebelyon & another v Matasi

Chebelyon & another v Matasi [2025] KEHC 2943 (KLR)

Court

High Court

Case number

Civil Appeal E032 of 2023

Judge

PJO Otieno

The court will not set aside a dismissal order and reinstate an appeal where the appellant has not provided a sufficient or plausible explanation for the inordinate delay in complying with court orders, and where the appeal challenging the assessment of damages (a discretionary matter for the trial court) is unlikely to succeed.

Source excerpt

• Appeal Reinstatement
• Inordinate Delay
• Sufficient Cause
• Exercise Of Discretion
• Assessment Of Damages

Ichungwa v Kinuthia & another

Ichungwa v Kinuthia & another [2025] KEHC 1327 (KLR)

Court

High Court

Case number

Civil Appeal 371 of 2018

Judge

JN Mulwa

The High Court reviewed an earlier dismissal order, reinstated a civil appeal, and held that filing and time-computation errors had wrongly led to dismissal.

• Review Of Court Orders
• Appeal Reinstatement
• Computation Of Time
• Error Apparent On Record
• Review-of-court-orders
• Appeal-reinstatement

UAP Insurance Company Limited v Ramadhan

UAP Insurance Company Limited v Ramadhan [2025] KEHC 17205 (KLR)

Court

High Court

Case number

Civil Appeal E103 of 2023

Judge

J Ngaah

The High Court set aside an order dismissing an appeal, finding the dismissal was based on a mistaken belief that leave to appeal out of time had not been granted.

• Review Of Court Orders
• Appeal Reinstatement
• Error Apparent On Record
• Review-of-court-orders
• Appeal-reinstatement
• Error-apparent-on-record

UAP Insurance Company Limited v Ramadhan

UAP Insurance Company Limited v Ramadhan [2025] KEHC 1942 (KLR)

Court

High Court

Case number

Civil Appeal E103 of 2023

Judge

J Ngaah

The High Court at Mombasa set aside an order dismissing the appeal, finding the dismissal was based on an error on the face of the record.

• Review Of Court Orders
• Appeal Reinstatement
• Error Apparent On Record
• Review-of-court-orders
• Appeal-reinstatement
• Error-apparent-on-record

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

Mary Help the Sick Mission Hospital & another v Ngung’u

Mary Help the Sick Mission Hospital & another v Ngung’u [2025] KEELRC 147 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E198 of 2022

Judge

BOM Manani

The court set aside a dismissal for want of prosecution and reinstated an employment appeal, finding the delay was caused by late typed proceedings, not the appellants.

• Appeal Reinstatement
• Want Of Prosecution
• Delay In Proceedings
• Record Of Appeal
• Certificate Of Delay
• Appeal-reinstatement

Uiru v Gitau (Suing as mother and next friend of SK, CW & FW) & another

Uiru v Gitau (Suing as mother and next friend of SK, CW & FW) & another [2024] KEHC 16291 (KLR)

Court

High Court

Case number

Civil Appeal E094 of 2024

Judge

FN Muchemi

High Court ruling dismissing an application to reinstate an appeal that had been dismissed for want of prosecution in a children’s maintenance dispute.

• Appeal Reinstatement
• Dismissal For Want Of Prosecution
• Child Maintenance Orders
• Excusable Mistake Of Counsel
• Appeal-reinstatement
• Dismissal-for-want-of-prosecution