Kenya Case Law

Obiero t/a C Obiero & Associates Advocates v Nyageh

Obiero t/a C Obiero & Associates Advocates v Nyageh [2025] KEHC 8755 (KLR)

Court

High Court

Case number

Civil Miscellaneous Application E295 of 2024

Judge

A Mabeya

The court found that the supporting affidavit to the application was fatally defective because it was sworn in Kisumu but commissioned by a Commissioner for Oaths whose stamp indicated Nairobi, contrary to the mandatory requirements of section 5 of the Oaths and Statutory Declarations Act. This defect was not a mere technicality but went to the substance and integrity of the affidavit, affecting its probative value. The court held that such an affidavit could not be relied upon, and without a valid supporting affidavit, the application to convert the certificate of taxation into a judgment an…

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• Advocate Client Costs
• Taxation Of Costs
• Affidavit Irregularity
• Commissioning Of Affidavits

Githua v Estate of Kimani & 5 others

Githua v Estate of Kimani & 5 others [2025] KEELC 910 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E030 of 2024

Judge

LN Gacheru

The court struck out the applicant’s supporting affidavit for lack of the commissioner’s signature and dismissed the stay/injunction application as the trial order was negative.

• Injunctive Relief
• Stay Of Execution
• Succession Disputes
• Commissioning Of Affidavits
• Intermeddling With Estate
• Negative Orders

Dardanelli & 6 others v Tilito & 3 others

Dardanelli & 6 others v Tilito & 3 others [2025] KEELC 392 (KLR)

Court

Environment and Land Court

Case number

Land Case E041 of 2024

Judge

FM Njoroge

An affidavit purportedly sworn online by a deponent who was not physically present before the commissioner for oaths, without being accompanied by a certificate under Section 106B of the Evidence Act to prove the online activity and the authenticity of the electronic record and signature, is defective and must be struck out.

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• Admissibility Of Affidavits
• Electronic Evidence
• Commissioning Of Affidavits
• Authority Of Company Directors
• Arbitration Clauses
• Virtual Proceedings

Holy Spirit Church of East Africa Registered Trustees v Friends Church in Kenya (Quakers) Nairobi Yearly Meeting Trustees

Holy Spirit Church of East Africa Registered Trustees v Friends Church in Kenya (Quakers) Nairobi Yearly Meeting Trustees [2024] KEELC 13479 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E405 of 2024

Judge

JO Mboya

The court found that the Defendant's preliminary objection challenging the Plaintiff's locus standi could not be sustained as it required investigation of contested facts and reference to evidence, contrary to the principles governing preliminary objections. The Plaintiff, having pleaded to be a registered body corporate under the Trustees (Perpetual Succession) Act, was entitled to have its capacity presumed at this stage. The Defendant's replying affidavit was struck out as it was commissioned by an associate in the Defendant's law firm, contravening Section 4 of the Oaths and Statutory Dec…

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• Locus Standi
• Mandatory Injunction
• Temporary Injunction
• Title To Land
• Commissioning Of Affidavits

Republic v Counselors & Psychologists Board & another; Ndinda & another (Exparte Applicants)

Republic v Counselors & Psychologists Board & another; Ndinda & another (Exparte Applicants) [2024] KEELRC 2689 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Application E002 of 2023

Judge

M Mbarũ

The court expunged a defective replying affidavit commissioned contrary to the Oaths and Statutory Declarations Act, and allowed time for a fresh response.

• Affidavit Defects
• Commissioning Of Affidavits
• Procedural Irregularities
• Judicial Review Procedure
• Affidavit-defects
• Commissioning-of-affidavits

Andrew & Steve Advocates v Paragon Electronics Limited; Jepchirchir (Contemnor)

Andrew & Steve Advocates v Paragon Electronics Limited; Jepchirchir (Contemnor) [2024] KEELC 6382 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application 94 of 2019

Judge

LN Mbugua

The court found that the issue of an affidavit being commissioned by an advocate without a current practicing certificate does not go to the substance of the suit and is a matter for disciplinary action, not for invalidating the affidavit or striking out the application. The court was persuaded by the reasoning in Kyalo Komu v Felix Maliti Mulingata [2021] eKLR, distinguishing it from cases where unqualified advocates drew substantive legal documents. On the issue of res judicata, the court determined that the client’s bill of costs dated 3.7.2023 was not sufficiently distinct from the earlie…

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• Advocate Client Costs
• Res Judicata
• Commissioning Of Affidavits
• Professional Misconduct
• Contempt Of Court

Nickson v Makhanu & 3 others

Nickson v Makhanu & 3 others [2024] KEELC 5689 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E001 of 2024

Judge

FO Nyagaka

The court found that the preliminary objection did not raise pure points of law but instead required the court to make factual determinations, such as whether the plaintiff's signature was original or scanned, whether the annexures were properly serialized, and whether the documents were electronic records or screenshots. The court held that the arguments advanced by the 2nd defendant were speculative and unsupported by evidence. Upon examining the documents, the court found that the signatures were present and the annexures were properly serialized and sealed by the Commissioner for Oaths. T…

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• Affidavit Defects
• Admissibility Of Evidence
• Electronic Evidence
• Commissioning Of Affidavits

Waithaka v Republic

Waithaka v Republic [2024] KEHC 5388 (KLR)

Court

High Court

Case number

Criminal Appeal E001 of 2023

Judge

FN Muchemi

The court found that the respondent's initial replying affidavit was fatally defective for not being properly commissioned, and thus struck it out. However, the absence of a valid response did not automatically entitle the applicant to bail pending appeal. Upon considering the merits, the court held that the applicant failed to demonstrate exceptional or unusual circumstances, nor did the appeal raise substantial or weighty points of law likely to result in success. The court further found that the risk of the applicant serving a substantial part of the sentence before the appeal was minimal,…

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• Bail Pending Appeal
• Commissioning Of Affidavits
• Exceptional Circumstances
• Threshold For Bail
• Appeal Success Probability

Absaloms v County Government of Kisumu

Absaloms v County Government of Kisumu [2024] KEELC 1408 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E009 of 2023

Judge

E Asati

The court found that the Replying Affidavit sworn by the Respondent's counsel was inadmissible as it contravened section 4(1) of the Oaths and Statutory Declarations Act, and it was accordingly struck out. On the substantive application, the court held that the Plaintiff, as the registered owner of the suit property, had demonstrated a prima facie case that his property was in danger of being wasted, damaged, or alienated, and that his right to property was threatened by the Defendant's actions. The court determined that the Plaintiff satisfied the conditions for a prohibitory temporary injun…

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• Interlocutory Injunctions
• Mandatory Injunctions
• Public Land Disputes
• Title Registration
• Commissioning Of Affidavits

Sang v Governor Kericho County & 2 others

Sang v Governor Kericho County & 2 others [2024] KEELRC 163 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E001 of 2023

Judge

HS Wasilwa

The court held that the applicants failed to demonstrate any error apparent on the face of the record in the ruling of 23rd May, 2023, nor did they present any new and important evidence that was not available at the time of the original decision. The court found that the applicants did not clearly identify the alleged error or show how the appointment of the County Attorney was made in error. Additionally, the court noted that no new information was presented to justify a review. The application was also found to be procedurally defective for failure to annex a formally extracted order as re…

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• Review Of Court Orders
• Injunctive Relief
• Appointment Of County Attorney
• Commissioning Of Affidavits
• Error Apparent On Record