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Civil Procedure [2025] KEELC 4672 (KLR)

Ruga v Wangeci (Suing as the Personal Representative of the Estate of Ruga Gituku - Deceased) & 2 others

Ruga v Wangeci (Suing as the Personal Representative of the Estate of Ruga Gituku - Deceased) & 2 others [2025] KEELC 4672 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Appeal E020 of 2024
Judge
LC Komingoi

The Environment and Land Court allowed an appeal on execution of a costs decree, holding that auctioneers had found no attachable property and committal could issue after notice to show cause.

  • Execution Of Decrees
  • Warrants Of Arrest
  • Civil Jail
  • Review Of Orders
  • Costs Taxation
  • Execution-of-decrees
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Family And Children [2025] KEHC 9177 (KLR)

Mohamed & another v Bano

Mohamed & another v Bano [2025] KEHC 9177 (KLR)

Court
High Court
Case number
Family Appeal E011 of 2025
Judge
G Mutai

The court found that the applicants failed to demonstrate substantial loss as required under Order 42 Rule 6(2) of the Civil Procedure Rules. The orders sought to be stayed—investigation by the Directorate of Criminal Investigations, provision of accounts, and valuation of the estate—are either statutory requirements or lawful processes that do not, by themselves, constitute substantial loss. The appeal was not against the orders of 6th April 2023 and 20th September 2024, but rather against subsequent implementation orders. As the foundational orders remained unchallenged, the application for…

Source excerpt

  • Succession Estates
  • Stay Of Execution
  • Civil Jail
  • Administration Of Estates
  • Valuation Of Estate
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Civil Procedure [2025] KEELC 3967 (KLR)

Muunda v Mwania & another

Muunda v Mwania & another [2025] KEELC 3967 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Case 151 of 2017
Judge
EO Obaga

The court dismissed a post-judgment application seeking mediation or 120 days to raise funds to pay a decree, finding no basis for further indulgence.

  • Execution Of Decree
  • Civil Jail
  • Mesne Profits
  • Mediation Referral
  • Land Encroachment
  • Execution-of-decree
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Civil Procedure [2025] KECA 1007 (KLR)

Mugambi v Galaxy Merchants Limited

Mugambi v Galaxy Merchants Limited [2025] KECA 1007 (KLR)

Court
Court of Appeal
Case number
Civil Appeal (Application) E071 of 2024
Judges
J Mohammed, JW Lessit, A Ali-Aroni

The Court found that the applicant had demonstrated both an arguable appeal and that the appeal would be rendered nugatory if stay was not granted. The arguable issues included whether the applicant could be committed to civil jail a second time for the same debt and whether his insolvency status under the Insolvency Act precluded further execution. The Court held that the previous application was not res judicata as it was dismissed on a technicality, not on merit. The Court further found that incarceration for civil debt is not compensable by damages and cannot be reversed, thus satisfying…

Source excerpt

  • Stay Of Execution
  • Civil Jail
  • Insolvency Proceedings
  • Money Decree Enforcement
  • Res Judicata
  • Fraudulent Cheques
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Civil Procedure [2025] KEMC 63 (KLR)

Wambua v Mutiso

Wambua v Mutiso [2025] KEMC 63 (KLR)

Court
Magistrate's Court
Case number
Civil Case 171 of 2015
Judge
YA Shikanda

The court dismissed a judgment-debtor’s bid to set aside civil jail orders and pay the balance by instalments, citing no clear repayment proposal and prior non-compliance.

  • Execution Of Decrees
  • Civil Jail
  • Payment By Instalments
  • Judicial Discretion
  • Civil-procedure
  • Execution-of-decrees
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Civil Procedure [2025] KEHC 4651 (KLR)

Ngaari v Kimani

Ngaari v Kimani [2025] KEHC 4651 (KLR)

Court
High Court
Case number
Civil Miscellaneous Application E125 of 2024
Judge
BK Njoroge

The court granted leave to appeal out of time and a conditional stay of execution because the delay in filing the appeal was not inordinate (43 days), the intended appeal challenges an order for arrest and committal to civil jail which involves personal liberty, and the court balanced the rights of the Decree Holder to the fruits of judgment with the Debtor's right to appeal by imposing terms for security.

Source excerpt

  • Extension Of Time
  • Stay Of Execution
  • Civil Jail
  • Friendly Loans
  • Security For Appeal
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Family And Children [2025] KEHC 4331 (KLR)

In re Estate of James Mutua Mwania (Deceased)

In re Estate of James Mutua Mwania (Deceased) [2025] KEHC 4331 (KLR)

Court
High Court
Case number
Succession Appeal E003 of 2025
Judge
EN Maina

The High Court ordered the release of a 76-year-old appellant from civil jail in a succession dispute, urging family disputes over the estate to be resolved through alternative mechanisms.

  • Succession Disputes
  • Administration Of Estates
  • Civil Jail
  • Alternative Dispute Resolution
  • Succession-disputes
  • Administration-of-estates
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Land And Property [2025] KEELC 1127 (KLR)

Mwangi (Suing as Administrator of the Estate of Mark Mwaura Mwangi) v Kosambo & another

Mwangi (Suing as Administrator of the Estate of Mark Mwaura Mwangi) v Kosambo & another [2025] KEELC 1127 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Case 114 of 2012
Judge
LL Naikuni

The court allowed an application to deem a notice of appeal withdrawn, set aside stay orders, and issue warrants of arrest for committal after no appeal was filed in time.

  • Execution Of Judgments
  • Stay Of Execution
  • Contempt Of Court
  • Appeals Process
  • Civil Jail
  • Costs Award
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Civil Procedure [2025] KEHC 3075 (KLR)

In re Estate of Benjamin Mwawuda Mwalenga (Deceased)

In re Estate of Benjamin Mwawuda Mwalenga (Deceased) [2025] KEHC 3075 (KLR)

Court
High Court
Case number
Family Appeal E067 of 2024
Judge
G Mutai

A stay of execution of a committal order will not be granted where the applicant has failed to demonstrate that they will suffer substantial loss beyond the ordinary consequences of complying with their obligations under a consent order.

Source excerpt

  • Stay Of Execution
  • Substantial Loss
  • Civil Jail
  • Consent Orders
  • Costs Award
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Civil Procedure [2025] KEELC 1 (KLR)

Mwanzia v Mwakio & another

Mwanzia v Mwakio & another [2025] KEELC 1 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Appeal E015 of 2024
Judge
EK Wabwoto

The appeal against the finding of contempt was not merited because the core elements of civil contempt were satisfied: the terms of the court order were clear, the Appellant had knowledge of the order, and failed to comply with its terms. The lack of a penal notice is no longer a mandatory requirement in light of evolving jurisprudence.

Source excerpt

  • Contempt Of Court
  • Penal Notice Requirement
  • Burden Of Proof
  • Civil Jail
  • Compliance With Court Orders
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.