Kenya Case Law

Muhembeli v Limo & 3 others

Muhembeli v Limo & 3 others [2025] KEELC 5109 (KLR)

Court

Environment and Land Court

Case number

Environment & Planning Appeal E002 of 2023

Judge

A Nyukuri

The court found that the appellant had never entered into any tenancy agreement with the 1st to 3rd respondents nor received rent from them. The statutory definition of 'landlord' requires entitlement to rent under a tenancy, which the appellant failed to demonstrate. The tribunal’s jurisdiction is confined to landlord-tenant disputes, not ownership or succession issues, which fall under the Environment and Land Court. The appellant’s claim was based solely on ownership, not on any landlord-tenant relationship, and thus could not succeed before the tribunal. The award of costs by the tribunal…

Source excerpt

• Landlord Tenant Relationship
• Tenancy Agreements
• Ownership Vs Possession
• Jurisdiction Of Tribunals
• Award Of Costs

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation; Rift Valley Railways Kenya Limited (Interested Party)

Rift Valley Railways Workers Union (K) v Kenya Railways Corporation; Rift Valley Railways Kenya Limited (Interested Party) [2025] KEELRC 1484 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 37 of 2013

Judge

CN Baari

The court dismissed an application to review a costs ruling, holding that the filing date issue was not new evidence and that the motion was really an appeal.

• Review Of Court Orders
• Award Of Costs
• Procedural Filing Dates
• Review-of-court-orders
• Award-of-costs
• Procedural-filing-dates

Gichuru v Independent Electoral & Boundaries Commission & 2 others

Gichuru v Independent Electoral & Boundaries Commission & 2 others [2025] KEHC 6912 (KLR)

Court

High Court

Case number

Petition E015 of 2022

Judge

HM Nyaga

The High Court at Meru dismissed an application to review and set aside a costs order, holding that the applicant had not met the threshold for review under Order 45.

• Review Of Judgment
• Award Of Costs
• Public Interest Litigation
• Review-of-judgment
• Award-of-costs
• Public-interest-litigation

Njiri & another v Muchiri

Njiri & another v Muchiri [2025] KEELC 3040 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E020 of 2021

Judge

JM Onyango

Appeal partly allowed: the court awarded costs and interest on an unpaid land-sale balance, but declined to address damages because the suit had been compromised by consent.

• Sale Of Land
• Breach Of Contract
• Award Of Costs
• Award Of Interest
• Land-sale-agreement
• Costs

St Elizabeth Academy Karen v Kenya Commercial Bank & another

St Elizabeth Academy Karen v Kenya Commercial Bank & another [2025] KEHC 2688 (KLR)

Court

High Court

Case number

Commercial Case 389 of 2024

Judge

F Gikonyo

The court's decision on costs in a withdrawn suit is a matter of discretion, which should be exercised judiciously, considering the specific circumstances of the case, including whether a party prolonged the proceedings unnecessarily despite being aware that the underlying issue had been resolved.

Source excerpt

• Withdrawal Of Suit
• Award Of Costs
• Injunctive Relief
• Charged Property

Republic v Resident Magistrate - Honourable LG Ruhu Mwingi Law Courts & 2 others; Officer Commanding Police Station Mwingi Police Station & another (Interested Parties); Kalungu (Exparte Applicant)

Republic v Resident Magistrate - Honourable LG Ruhu Mwingi Law Courts & 2 others; Officer Commanding Police Station Mwingi Police Station & another (Interested Parties); Kalungu (Exparte Applicant) [2025] KEELC 849 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E008 of 2022

Judge

LG Kimani

The judgment's award of costs against the Resident Magistrate was based on an error apparent on the face of the record because a judicial officer is immune from personal liability for acts done in good faith in the lawful performance of judicial functions under Article 160(5) of the Constitution and Section 6 of the Judicature Act. Similarly, the Attorney General, having been joined primarily to oversee implementation and represent the respondents, should not have been condemned to pay costs.

Source excerpt

• Judicial Immunity
• Review Of Judgments
• Award Of Costs
• Certiorari
• Prohibition

Ngatho & another (Both Suing as Administrators of Wanjiku Njau) v Kigo & another

Ngatho & another (Both Suing as Administrators of Wanjiku Njau) v Kigo & another [2025] KEELC 670 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E389 of 2022

Judge

AA Omollo

The Environment and Land Court declined to review a costs order after withdrawal of the suit, holding there was no apparent error on the record.

• Withdrawal Of Suit
• Award Of Costs
• Review Of Court Orders
• Notice Of Withdrawal
• Court Discretion On Costs
• Review-of-court-orders

Kwale International Sugar Company Limited v Ndutumi Auctioneers

Kwale International Sugar Company Limited v Ndutumi Auctioneers [2025] KEELC 649 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E003 of 2023

Judge

LL Naikuni

Costs should be awarded to the Respondent upon the Appellant's withdrawal of the appeal because costs follow the event, and the Respondent, having been served with the appeal and represented by counsel who attended court, incurred costs despite not filing a response.

Source excerpt

• Withdrawal Of Appeal
• Award Of Costs
• Discretion Of Court On Costs

Wanjiku & 8 others v Del Monte Kenya Limited & another; National Environment Management Authority & 6 others (Interested Parties)

Wanjiku & 8 others v Del Monte Kenya Limited & another; National Environment Management Authority & 6 others (Interested Parties) [2024] KEELC 13818 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E001 of 2024

Judge

LN Gacheru

The court held that, although the Plaintiffs had the discretion to withdraw their suit under Order 25 Rule 1 of the Civil Procedure Rules, the issue of costs remained at the court's discretion. The Defendants had engaged advocates and undertaken procedural steps in defending the suit, incurring expenses as a result of the Plaintiffs' actions. The Plaintiffs failed to provide any compelling reasons or opposition to the Defendants' requests for costs. The court found no justification to depart from the general rule that costs follow the event, especially since the Defendants had participated in…

Source excerpt

• Withdrawal Of Suit
• Award Of Costs
• Discretion Of Court On Costs
• Costs Follow The Event
• Public Interest Litigation
• Frivolous Suits

The Chairman BOG, Mbaikini High School & another v Simecor Merchants 2002 Limited & 2 others

The Chairman BOG, Mbaikini High School & another v Simecor Merchants 2002 Limited & 2 others [2024] KEHC 15693 (KLR)

Court

High Court

Case number

Civil Appeal 67 of 2020

Judge

FROO Olel

High Court review ruling clarifying costs after an appeal judgment. The court awarded the 2nd and 3rd respondents costs of the appeal and the primary suit.

• Review Of Judgment
• Award Of Costs
• Third Party Proceedings
• Review-of-judgment
• Award-of-costs
• Third-party-proceedings