Kenya Case Law

Opiyo & 2 others v Kenya Revenue Authority & 2 others; Institute of Certified Public Accountants & another (Interested Parties)

Opiyo & 2 others v Kenya Revenue Authority & 2 others; Institute of Certified Public Accountants & another (Interested Parties) [2025] KEHC 10248 (KLR)

Court

High Court

Case number

Constitutional Petition E010 of 2025

Judge

JK Ng'arng'ar

The court found that, according to the court tracking system, Nairobi Milimani Commercial Petition No. e013 of 2025 involving the same parties and reliefs was still pending and scheduled for ruling. The petitioners' assertion that the earlier petition was withdrawn was unsupported by any formal court order. In the absence of such evidence, proceeding with the current petition would contravene Section 6 of the Civil Procedure Act, which prohibits simultaneous proceedings on the same matter between the same parties. The court therefore declined to proceed and directed the petitioners to regular…

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• Res Subjudice
• Preliminary Objection
• Withdrawal Of Petition
• Section 6 Civil Procedure Act
• Article 159 Constitution
• Tax Dispute Procedure

Toppias & 4 others v Bomet County Govrnement & another

Toppias & 4 others v Bomet County Govrnement & another [2025] KECA 841 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 13 of 2018

Judges

JM Mativo, PM Gachoka, WK Korir

The Court of Appeal held that the requirements under Rule 9(2) and (3) of the Employment and Labour Relations Court (Procedure) Rules, 2016 are mandatory and substantive, not mere technicalities. The appellants failed to attach a schedule of all claimants and obtain proper authority as required, and did not seek leave to regularize their documents. Article 159(2)(d) of the Constitution does not excuse such lapses where the procedural requirements are substantive and go to the competence of the suit. The trial court was correct in striking out the suit for non-compliance, and the appellants' r…

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• Representative Suits
• Procedural Compliance
• Striking Out Pleadings
• Article 159 Constitution
• Employment Termination
• Preliminary Objection

Gitari & another v Swaleh & another

Gitari & another v Swaleh & another [2024] KEELC 7537 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E004 of 2023

Judge

A Kaniaru

The court found that the preliminary objection raised by the 1st defendant was based on procedural technicalities, specifically the absence of a written authority from the 2nd plaintiff and failure to file witness statements with the plaint. These issues, while procedural lapses, do not amount to fatal defects that would render the suit incompetent. The court emphasized that under Article 159(2)(d) of the Constitution, justice should be administered without undue regard to procedural technicalities. The court further noted that the cited provisions by the 1st defendant were either inapplicabl…

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• Preliminary Objection
• Verifying Affidavit Requirements
• Written Authority
• Procedural Irregularities
• Judicial Discretion
• Article 159 Constitution

Opondo (Suing on his Own Behalf and as the Administrator and Beneficiary of the Estate of the Late Erasto Opondo Otieno - Deceased) & another v Ogutu

Opondo (Suing on his Own Behalf and as the Administrator and Beneficiary of the Estate of the Late Erasto Opondo Otieno - Deceased) & another v Ogutu [2023] KEELC 22574 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E011 of 2022

Judge

AY Koross

The court found that while the preliminary objection raised a pure point of law regarding the requirement for a verifying affidavit to accompany an amended plaint, the Civil Procedure Rules grant the court discretion to strike out or sustain such a pleading. The court held that the omission to file a verifying affidavit with the amended plaint was a technical error that did not prejudice the defendant, especially since the verifying affidavit was subsequently filed before the matter was set down for hearing. The court emphasized that justice should not be sacrificed at the altar of technicali…

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• Preliminary Objection
• Verifying Affidavit
• Striking Out Pleadings
• Judicial Discretion
• Order 4 Rule 1
• Article 159 Constitution

Paragon Electronics Ltd v Njeri Kariuki (Arbitrator); Esufali (Interested Party)

Paragon Electronics Ltd v Njeri Kariuki (Arbitrator); Esufali (Interested Party) [2023] KEHC 21889 (KLR)

Court

High Court

Case number

Civil Miscellaneous Application E006 of 2022

Judge

AN Ongeri

The High Court held an application to punish an arbitrator in abeyance and directed the parties to engage in dialogue, emphasizing Article 159 and ADR.

• Arbitrator Conduct
• Court Orders In Arbitration
• Article 159 Constitution
• Alternative Dispute Resolution Promotion
• Alternative-dispute-resolution
• Arbitrator-conduct

Matseshe v Busia Sugar Industry Limited

Matseshe v Busia Sugar Industry Limited [2023] KEELRC 975 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E008 of 2022

Judge

JW Keli

The court held that although the petitioner's supporting affidavit did not strictly comply with Section 5 of the Oaths and Statutory Declarations Act, the error was attributable to the advocate and not the petitioner. The court found that the defect was not fatal to the petition, as the petition itself was a stand-alone document and the respondent did not demonstrate any prejudice suffered as a result of the error. The court relied on Article 159(2)(d) of the Constitution, which mandates that justice be administered without undue regard to procedural technicalities, and on relevant case law h…

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• Affidavit Defects
• Procedural Technicalities
• Commissioner For Oaths
• Preliminary Objection
• Article 159 Constitution
• Striking Out Affidavit

China Wu Yi Construction Co. Ltd v Joseph Muchina Muchemi & Kenya Wildlife Service

China Wu Yi Construction Co. Ltd v Joseph Muchina Muchemi & Kenya Wildlife Service [2021] KEHC 12727 (KLR)

Court

High Court

Case number

Civil Appeal 30 of 2020

Judge

FN Muchemi

The High Court granted leave to file an appeal out of time and a temporary stay of execution, relying on Article 159 and the interests of justice.

• Stay Of Execution
• Leave To Appeal Out Of Time
• Order 9 Rule 9
• Order 42 Rule 6
• Procedural Technicalities
• Article 159 Constitution

Kenya Women Finance Trust v Salome Waithaka Kinyua & Rahab Njeri

Kenya Women Finance Trust v Salome Waithaka Kinyua & Rahab Njeri [2019] KEHC 1301 (KLR)

Court

High Court

Case number

Civil Appeal 180 of 2012

Judges

F Gikonyo, LM Njuguna

The High Court held that while the trial magistrate erred in dismissing the appellant's application solely on the basis of non-compliance with Order 9 Rule 9, such non-compliance is a procedural technicality that can be cured under Article 159 of the Constitution and the overriding objective of the Civil Procedure Act. The court found that the filing of a consent for change of advocate, even if not yet adopted as a court order, was a relevant factor that should have been considered. However, the substantive application to strike out pleadings and proceedings on the basis that the respondent's…

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• Change Of Advocate Post Judgment
• Non Compliance With Civil Procedure Rules
• Striking Out Pleadings
• Advocate Practising Certificate
• Overriding Objective
• Article 159 Constitution

Kanji Harji v Christopher Ngatia Wanjohi

Kanji Harji v Christopher Ngatia Wanjohi [2019] KEELC 2045 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 418 of 2017

Judge

CK Yano

The court held that the omission to file a verifying affidavit with the plaint, though a procedural lapse, does not warrant striking out the suit where there is no prejudice to the defendant and the omission does not go to the jurisdiction of the court. The court adopted the reasoning that procedural rules are handmaidens of justice and should not be used to defeat substantive rights. The court further held that citing the wrong legal provisions in the application is not fatal, as the overriding objective and constitutional mandate require courts to focus on substantive justice. Consequently,…

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• Verifying Affidavit
• Procedural Irregularities
• Striking Out Suit
• Order 4 Rule 1 2
• Article 159 Constitution

Ananias N Kiragu v Eric Mugambi, Franklin Mwirigi & Martin Njeru

Ananias N Kiragu v Eric Mugambi, Franklin Mwirigi & Martin Njeru [2019] KECA 911 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 59 of 2016

Judges

ARM Visram, J Karanja, FI Koome

The Court of Appeal dismissed an application to certify an intended Supreme Court appeal, finding the dispute over adoption of a Njuri Ncheke award raised no issue of general public importance.

• Certification To Supreme Court
• Adoption Of Adr Awards
• Article 159 Constitution
• Appellate Jurisdiction
• Family Land Disputes
• Consent In Adr