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Kenya decisions
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Kinyori v Samis Software Limited [2025] KEHC 10112 (KLR)
The High Court at Nakuru allowed an application for Munene Chege & Co. Advocates to cease acting for the defendant, with no objection from the plaintiff and no response from the defendant.
Kinyanjui t/a Vivian Kinyanjui Advocates & Commercial Conveyancer v Mbugua [2025] KEELRC 1979 (KLR)
The court adopted an unchallenged Certificate of Costs as judgment for the advocate, and awarded interest at 14% per annum until payment in full.
Kweyu v Chore & another [2025] KEELC 5110 (KLR)
The Environment and Land Court dismissed a post-judgment application to change advocates, holding that the proposed advocate was not shown to be duly authorized to practice.
Odhiambo v Ndiri & 2 others [2025] KEELC 4779 (KLR)
The Environment and Land Court dismissed an application for stay of execution pending appeal, finding no substantive appeal, repeated applications, and no basis to strike out an affidavit.
Directline Assurance Company Limited v Okwanyson & another; Jono Consult Auctioneers & another (Interested Parties) [2025] KEHC 8753 (KLR)
The High Court at Kisumu allowed a post-judgment change of advocate, holding that the 1st respondent could appoint counsel of choice and the outgoing firm could tax its costs.
Juma Hardware Limited v Tungani & 2 others [2025] KEELRC 1831 (KLR)
The court dismissed a post-judgment application, holding it had already finally determined the appeal issues and was functus officio on the appeal’s validity.
In re Estate of Peter Chebiego Kurumei (Deceased) [2025] KEHC 8551 (KLR)
The High Court at Iten dismissed an application for stay and extension of time to appeal, holding that no competent appeal lay from its appellate succession decision.
West Kenya Sugar Company Limited v Wanyonyi (Suing for and on Behalf of the Estate of John Mboya Amolo) [2025] KEHC 8444 (KLR)
The court found that the applicant's advocate was properly on record as there was no previous advocate in the lower court, thus no leave was required under Order 9 Rule 9. The delay in filing the appeal was approximately 11 days, explained by the advocate's illness, and supported by medical evidence. The court held this constituted sufficient cause for delay and exercised its discretion to grant extension of time under Section 79G of the Civil Procedure Act. However, the impugned ruling was a negative order dismissing an application to set aside judgment, which is incapable of execution excep…
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Syephen Wambugu Mwangi t/a Stemer Hardware & Paints v Apex Steel Limited [2025] KEHC 8209 (KLR)
The High Court allowed an appellant’s application to change advocates in a civil appeal, citing the right to counsel of choice and giving no order as to costs.
Pasha v Kula & 3 others; Tiger Farm (Isenya) Limited & another (Interested Parties) [2025] KEELC 4514 (KLR)
The court found that the applicant had provided sufficient reasons to warrant the exercise of discretion to set aside the judgment. The applicant was not given an opportunity to be heard due to the failure of his previous advocate to inform him of the hearing date, and the absence was not deliberate. The court emphasized that justice requires parties to be heard on the merits, especially where a substantial property right is at stake. The court also found that the applicant's new advocates were properly on record, having obtained leave. In the interest of justice and to ensure a fair hearing,…
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