Kenya Case Law

Njuwangu Holdings Limited v Langata KPA Nairobi West Trading Company Limited & 10 others; Mimosa Vile Limited (Intended Plaintiff)

Njuwangu Holdings Limited v Langata KPA Nairobi West Trading Company Limited & 10 others; Mimosa Vile Limited (Intended Plaintiff) [2025] KEELC 3983 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 139 of 2013

Judge

OA Angote

The Environment and Land Court dismissed an intended plaintiff’s bid to join as co-plaintiff, holding a non-party cannot seek joinder as plaintiff on its own motion.

• Joinder Of Parties
• Ownership Disputes
• Civil Procedure Rules
• Adjudication Of Land Disputes
• Joinder-of-parties
• Civil-procedure

Kumaka v Attorney General

Kumaka v Attorney General [2025] KEELRC 961 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application 131 of 2016

Judge

S Radido

The court dismissed an application to substitute a deceased plaintiff’s estate administrator because judgment in the primary suit had already been delivered.

• Substitution Of Parties
• Abatement Of Suit
• Revival Of Abated Suit
• Civil Procedure Rules
• Administrator Of Estate
• Substitution-of-parties

Kenya Human Rights Commission & 8 others v Nchebere; Law Society of Kenya & 2 others (Interested Parties)

Kenya Human Rights Commission & 8 others v Nchebere; Law Society of Kenya & 2 others (Interested Parties) [2025] KEHC 2829 (KLR)

Court

High Court

Case number

Judicial Review Application E082 of 2024

Judge

RE Aburili

The mere filing of a Notice of Appeal does not divest the High Court of its jurisdiction to entertain an application for review or setting aside of a judgment or order. A A Notice of Appeal is only a manifestation of an intention to appeal, and the deeming provision in Rule 2 of the Court of Appeal Rules (defining appeal to include intended appeal) is limited to applications for stay of execution pending appeal under Rule 5(2)(b). The prohibition against pursuing concurrent remedies applies when a substantive appeal has been filed, not just a notice of appeal.

Source excerpt

• Jurisdiction Of High Court
• Review Vs Appeal
• Notice Of Appeal Effect
• Preliminary Objection
• Civil Procedure Rules
• Judicial Review

Victory Children’s Home Foundation & 4 others v Otieno

Victory Children’s Home Foundation & 4 others v Otieno [2025] KEHC 2449 (KLR)

Court

High Court

Case number

Constitutional Petition E001 of 2020

Judge

MS Shariff

The High Court held it lacked jurisdiction to strike out a Notice of Appeal to the Court of Appeal and allowed the preliminary objection, dismissing the application.

• Jurisdiction Of High Court
• Notice Of Appeal Procedure
• Striking Out Appeals
• Appellate Jurisdiction
• Civil Procedure Rules
• Jurisdiction

Mwangi v Kevian Kenya Limited

Mwangi v Kevian Kenya Limited [2025] KEELRC 672 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E456 of 2022

Judge

DKN Marete

The application for leave to amend the statement of defense was dismissed because of the inordinate delay and lack of justification for the delay, leading the court to consider the application an abuse of process.

Source excerpt

• Amendment Of Pleadings
• Unfair Termination
• Civil Procedure Rules
• Delay In Prosecution
• Abuse Of Process

Radar Security Limited v Obiele

Radar Security Limited v Obiele [2025] KEELRC 414 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E189 of 2022

Judge

SC Rutto

The court dismissed an application for stay of execution, holding that the earlier ruling struck out the appeal and created a negative order incapable of execution.

• Stay Of Execution
• Negative Orders
• Appeal Procedure
• Substantial Loss
• Civil Procedure Rules
• Stay-of-execution

Chesilut v Kipkorir; Lelei (Interested Party); Lelei (Proposed Interested Party)

Chesilut v Kipkorir; Lelei (Interested Party); Lelei (Proposed Interested Party) [2025] KEELC 463 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E016 of 2022

Judge

GMA Ongondo

The Environment and Land Court at Kapsabet allowed an unopposed application to join Macrina Chelagat Lelei as an interested party in a land dispute.

• Joinder Of Parties
• Interested Party Status
• Civil Procedure Rules
• Land Dispute
• Joinder-of-parties
• Interested-party

Swanya t/a Swanya & Co Advocates v Nairobi City County

Swanya t/a Swanya & Co Advocates v Nairobi City County [2025] KEHC 830 (KLR)

Court

High Court

Case number

Commercial Case E521 of 2024

Judge

BM Musyoki

The High Court held that summary judgment cannot be entered against a county government under Order 36 rule 3(2), and dismissed the plaintiff’s application.

• Summary Judgment
• Government Liability
• Advocate Client Fees
• Contractual Agreements
• Civil Procedure Rules
• Summary-judgment

Wahonjo v Mogere & another; Biko (Interested Party)

Wahonjo v Mogere & another; Biko (Interested Party) [2024] KEELC 7024 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 27 of 2018

Judge

A Nyukuri

The court dismissed an intended interested party’s post-judgment application for joinder and injunction, finding the suit had been decided and concerned a different parcel.

• Joinder Of Parties
• Permanent Injunction
• Functus Officio
• Ownership Disputes
• Civil Procedure Rules
• Land Allocation

Opele v Biometric Technology

Opele v Biometric Technology [2024] KEELRC 2552 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E350 of 2020

Judge

SC Rutto

The court found that although more than one year had elapsed without prosecution of the suit, the claimant provided some evidence of attempts to move the matter forward, including correspondence with the court registry. The court held that the delay, while present, was not so inordinate or inexcusable as to warrant the draconian remedy of dismissal. The court emphasized that dismissal for want of prosecution should be exercised sparingly and only where absolutely necessary, and that each case must be considered on its own facts. The court therefore declined to dismiss the suit, instead direct…

Source excerpt

• Dismissal For Want Of Prosecution
• Delay In Prosecution
• Court Discretion
• Overriding Objective
• Civil Procedure Rules