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Kenya decisions
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The Court of Appeal set aside a consent order that had become impracticable to implement because the agreed joint-sale mechanism for the suit property had collapsed.
Swivel Marketing Limited v Wangombe (Civil Appeal 375 of 2023) [2026] KEHC 48 (KLR) (16 January 2026) (Judgment)
The High Court held that the claim was a WIBA work injury matter, so the magistrate’s court lacked jurisdiction. The consent judgment and decree were set aside.
The Court of Appeal dismissed an application for stay of execution pending appeal, holding that although the appeal was arguable, the applicant failed the nugatory test.
The Court of Appeal partly allowed the appeal, reducing a loss-of-business award from six years to three years while upholding liability and the consent on quantum.
The court dismissed the plaintiff’s land claim, upheld the 1st defendant’s counterclaim, found the plaintiff’s occupation unlawful, and awarded Kshs. 2,000,000 general damages.
Moindi v Transnational Bank Ltd & another [2025] KEHC 9759 (KLR)
The High Court struck out a motion and the suit as res judicata, holding that earlier proceedings had already determined the same property dispute and consent-challenge issues.
Okore v Wambui [2025] KEHC 9021 (KLR)
The High Court dismissed a civil appeal from Narok, holding that liability was settled by consent and that diminished earning capacity was not proved.
Egerton University v Musyoka [2025] KEELRC 1851 (KLR)
The court allowed an employment appeal, finding that review was wrongly granted on a double-taxation complaint that should have been raised on appeal.
Gikonyo & another v Ougo [2025] KEHC 8658 (KLR)
The High Court dismissed a Small Claims Court appeal, holding that no question of law arose and that the liability complaint challenged factual findings only.
Denooyer & another v Ancilloto [2025] KEELC 4061 (KLR)
The court dismissed an application to set aside a consent settling the suit, holding that no fraud, collusion, or material misapprehension was shown.
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