Kenya Case Law

Emerson Kenya Limited v Athi Water Works Development Agency (formerly known as Athi Water Services Board)

Emerson Kenya Limited v Athi Water Works Development Agency (formerly known as Athi Water Services Board) [2025] KEHC 7627 (KLR)

Court

High Court

Case number

Miscellaneous Application E013 of 2025

Judge

SN Mutuku

The High Court allowed an application to recognize and enforce an arbitral award, but required the applicant to file hard copies or certified copies of the award and arbitration agreement first.

• Arbitral Award Enforcement
• Compliance With Arbitration Act
• Certification Of Documents
• Court Discretion On Procedural Irregularities
• Arbitral-award-enforcement
• Arbitration-act-compliance

Maru v Wafula

Maru v Wafula [2023] KEELC 15742 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 103 of 2008

Judge

FO Nyagaka

The court dismissed a defendant’s application to exclude two land documents, holding the challenge was premature and the documents were already properly in evidence.

• Admissibility Of Evidence
• Documentary Evidence
• Land Allocation Disputes
• Certification Of Documents
• Admissibility-of-evidence
• Documentary-evidence

Muhotetu Farmers Co Ltd v John Maina Nderitu & Charles Warugongo Kieru

Muhotetu Farmers Co Ltd v John Maina Nderitu & Charles Warugongo Kieru [2020] KEELC 3874 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 224 of 2017

The court upheld an objection to the 1st defendant producing uncertified public documents and dismissed the application to recall him as a witness.

• Admissibility Of Evidence
• Production Of Public Documents
• Certification Of Documents
• Land Disputes
• Evidence-admissibility
• Public-documents

Cannon Assurance (K) Ltd v Ali Hamadi Mwagude,Faiza Wanjiku Maina,Mohemed Omar Ibrahim,Land Registrar Kwalw & Attorney General

Cannon Assurance (K) Ltd v Ali Hamadi Mwagude,Faiza Wanjiku Maina,Mohemed Omar Ibrahim,Land Registrar Kwalw & Attorney General [2017] KEELC 761 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 144 of 2009

Judge

CK Yano

The court sustained an objection to uncertified photocopies, holding that the plaintiff had not shown adequate loss of the originals or satisfied the Evidence Act.

• Admissibility Of Evidence
• Secondary Evidence
• Documentary Evidence
• Certification Of Documents
• Secondary-evidence
• Documentary-evidence

Odongo Victor Robert v Independent Electoral & Boundaries Commission, Returning Officer Kagan Ward Ezekiel Juma Otieno & Onyango Philemon

Odongo Victor Robert v Independent Electoral & Boundaries Commission, Returning Officer Kagan Ward Ezekiel Juma Otieno & Onyango Philemon [2017] KEMC 97 (KLR)

Court

Magistrate's Court

Case number

Election Petition 1 of 2017

The court allowed copies of form 32A after a notice to produce went unanswered, but refused death certificates and burial permits because they were not produced by the makers.

• Admissibility Of Evidence
• Production Of Documents
• Notice To Produce
• Certification Of Documents
• Election-petitions
• Admissibility-of-evidence

Hezekiah Oira v Patrick Quarcoo

Hezekiah Oira v Patrick Quarcoo [2017] KEHC 2536 (KLR)

Court

High Court

Case number

Civil Suit 373 of 2010

Judge

LM Njuguna

The High Court allowed late-filed defence documents in the interest of justice, but held that uncertified KBC documents were inadmissible unless produced as original or certified copies.

• Admissibility Of Evidence
• Late Filing Of Documents
• Public Documents
• Certification Of Documents
• Civil-procedure
• Late-filing-of-documents

Daniel Kipkemboi Bett & 7 others v Margaret Wanjiku Chege

Daniel Kipkemboi Bett & 7 others v Margaret Wanjiku Chege [2010] KECA 63 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 81 of 2010

The Court held that the grounds advanced by the applicants for striking out the appeal were technical in nature and did not go to the merits of the appeal. The presence of a certified photocopy of the order, which accurately reflected the decision of the High Court, was sufficient for the purposes of the appeal, and any perceived deficiency could be remedied by filing a supplementary record. The Court emphasized that, following the enactment of sections 3A and 3B of the Appellate Jurisdiction Act and Article 159(2)(d) of the Constitution, the overriding objective is to do substantive justice…

Source excerpt

• Striking Out Appeal
• Record Of Appeal Requirements
• Certification Of Documents
• Overriding Objective
• Technicalities In Procedure

ABUBAKAR OMAR RIDHIWAN, FATUMA OMAR & MAALIM MOHAMED v ALI HAJI BINI, LALI AHMED & HARITH AHMED

ABUBAKAR OMAR RIDHIWAN, FATUMA OMAR & MAALIM MOHAMED v ALI HAJI BINI, LALI AHMED & HARITH AHMED [2005] KEHC 120 (KLR)

Court

High Court

Case number

Civil Appeal 5 of 2005

The High Court held that certification of a record of appeal was not mandatory and dismissed the objection, directing the appeal to proceed to hearing.

• Appeal Record Requirements
• Certification Of Documents
• Directions Hearing
• Jurisdictional Objections
• Civil-procedure
• Civil-appeals

Daima Bank Ltd & Whitestone Auctioneers v K.H. Osmond

Daima Bank Ltd & Whitestone Auctioneers v K.H. Osmond [2001] KECA 247 (KLR)

Court

Court of Appeal

Case number

Civil Application 359 of 2000

Judges

JE Gicheru, AB Shah, E Owuor

The Court held that the respondent's delay in lodging the record of appeal was unjustified, as uncertified copies of the proceedings and judgment were available at the time the respondent lodged an application for stay of execution. The argument that certified copies and a signed judgment were necessary for the certificate under Rule 85(5) was rejected, as the Rules only require a certified copy of the decree or order appealed against, and allow certification based on copies supplied by the court. Since the time for lodging the appeal had expired and no steps were taken to prosecute the appea…

Source excerpt

• Appeals Process
• Notice Of Appeal
• Record Of Appeal Requirements
• Certification Of Documents