Kenya Case Law

Sunrose Nurseries Ltd v Gatoka Ltd

Sunrose Nurseries Ltd v Gatoka Ltd (Commercial Case 716 of 2012) [2026] KEHC 11407 (KLR) (Commercial and Tax) (24 July 2026) (Ruling)

Court

High Court

Case number

Commercial Case 716 of 2012

Judge

["FG Mugambi"]

The court found that the applicant advocates no longer had instructions from the plaintiff, had complied with the notice requirement under Order 9 Rule 13, and faced unsupported allegations of misconduct; accordingly, leave to cease acting was justified and personal costs were unwarranted.

Source excerpt

• Leave to cease acting
• Change of advocate
• Instructions from client
• Personal costs against advocate
• Order 9 rule 13 civil procedure rules

Maggy Agulo Construction Co Ltd v Ministry of Public Health & 5 others

Maggy Agulo Construction Co Ltd v Ministry of Public Health & 5 others (Civil Case 9 of 2021) [2026] KEHC 7245 (KLR) (26 May 2026) (Ruling)

Court

High Court

Case number

Civil Case 9 of 2021

Judge

["JN Kamau"]

Although the court could not review or set aside the earlier orders made by a judge of equal jurisdiction and the representation issue had been overtaken by events, the court exercised its discretion in the interests of justice to enlarge time and allow the 3rd and 4th Defendants to file and serve their defence and accompanying documents out of time, subject to strict timelines.

Source excerpt

• Review of orders
• Setting aside judgment
• Leave to defend out of time
• Change of advocate
• Misjoinder of parties
• Execution against government

Eliazar & another v Sambu

Eliazar & another v Sambu (Environment and Land Appeal E049 of 2024) [2026] KEELC 2554 (KLR) (30 April 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E049 of 2024

Court allowed change of advocate, but refused extension of time and stay of execution because the delay was unexplained and no valid appeal was shown.

• Extension of time
• Change of advocate
• Stay of execution
• Costs
• Extension-of-time
• Change-of-advocate

Mjomba & 39 others v Attorney General & 3 others

Mjomba & 39 others v Attorney General & 3 others (Petition 8 of 2016 & 10 of 2021 (Consolidated)) [2026] KEELRC 1039 (KLR) (23 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition 8 of 2016

The court dismissed an application to change advocates, review a dismissal order, and reinstate a long-pending petition, finding no basis for review and no sufficient cause.

• Functus officio
• Review
• Change of advocate
• Abuse of process
• Laches
• Access to justice

Africa Merchant Insurance Company Limited v Mombasa Highway Transporters Limited

Africa Merchant Insurance Company Limited v Mombasa Highway Transporters Limited (Civil Appeal E276 of 2025) [2026] KEHC 5097 (KLR) (21 April 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E276 of 2025

The High Court struck out an insurance appeal and related application for want of jurisdiction after holding that leave to appeal was required for the garnishee order.

• Garnishee proceedings
• Leave to appeal
• Change of advocate
• Statutory liability limits
• Stay of execution
• Garnishee-proceedings