Kenya Case Law

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party)

Nyakul & 2 others v Resident Magistrate, Court 4 & 2 others; Chesang (Suing on his and on behalf of the Members of AIC Narok Town Church) (Interested Party) [2025] KEHC 10446 (KLR)

Court

High Court

Case number

Judicial Review E005 of 2025

Judge

CM Kariuki

The Court found that the Interested Party was properly served with the judicial review application and subsequent motions via email, as permitted by the Civil Procedure Rules. The Interested Party did not provide credible evidence to rebut the affidavit of service or to show that their advocate was not served. The ex parte orders issued on 25th June 2025 were therefore regular and lawful. The Interested Party failed to act diligently to protect their interests and instead engaged in conduct contrary to the court process, including forcefully accessing the church premises. The right to worship…

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• Service Of Process
• Ex Parte Orders
• Joinder Of Parties
• Freedom Of Worship
• Injunctive Relief
• Costs Award

Kyania & another v Kaloki

Kyania & another v Kaloki [2025] KEHC 10599 (KLR)

Court

High Court

Case number

Civil Appeal E144 of 2024

Judge

RC Rutto

The court found that since the appellants never filed a record of appeal and took no further steps to prosecute the appeal after dismissal of their interlocutory application, and since the respondent had already been awarded costs in that application, awarding further costs for the withdrawn appeal would not be justified. The court exercised its discretion under section 27(1) of the Civil Procedure Act, holding that no order as to costs should be made in respect of the appeal, but the respondent remains at liberty to pursue the costs already awarded in the earlier ruling. The court emphasized…

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• Costs Award
• Withdrawal Of Appeal
• Judicial Discretion On Costs

Wakf Commissioners of Kenya v Kabundu Holdings Limited

Wakf Commissioners of Kenya v Kabundu Holdings Limited [2025] KEELC 5344 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E034 of 2023

Judge

YM Angima

The court found that the defendant failed to demonstrate substantial loss as required under Order 42 Rule 6 of the Civil Procedure Rules. The defendant's claim of potential loss to tenants and delay in filing the application due to awaiting certified copies of the judgment were not credible or sufficient. The court noted that the defendant was not residing on the property but was collecting rent from tenants, which did not amount to substantial loss warranting a stay. Furthermore, the application was filed three months after judgment, and the explanation for the delay was unsatisfactory. The…

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• Stay Of Execution
• Security For Costs
• Substantial Loss
• Delay In Application
• Costs Award

Mwangi v Njoroge; Kiambu Land Registrar & another (Interested Parties)

Mwangi v Njoroge; Kiambu Land Registrar & another (Interested Parties) [2025] KEELC 5337 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E013 of 2025

Judge

JM Onyango

The court found that the Applicant failed to provide a valid or satisfactory explanation for the delay in seeking leave to appeal out of time. The Applicant's reasons—late receipt of the Judgment and being out of town—were not substantiated, especially as the Judgment was available online earlier and the Applicant's Advocate was present at delivery. The court emphasized that extension of time is discretionary and requires a convincing justification, which was lacking. Since the decree had already been executed and the Applicant did not act within the 30-day stay period, the court declined to…

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• Extension Of Time
• Leave To Appeal
• Execution Of Judgment
• Costs Award
• Land Title Transfer

Kiruthi v Kiruthi

Kiruthi v Kiruthi [2025] KEHC 10274 (KLR)

Court

High Court

Case number

Civil Appeal E282 of 2024

Judge

TW Ouya

The court found that the applicant failed to demonstrate substantial loss as required under Order 42 Rule 6 of the Civil Procedure Rules. The application for stay was filed after an undue delay of eight months, with no explanation provided for the delay. The familial relationship between the parties, while acknowledged, does not constitute substantial loss in law. Execution is a lawful process, and the applicant's impecuniosity and concerns about family relations do not meet the threshold for granting a stay. Consequently, the court exercised its discretion to dismiss the application for stay…

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• Stay Of Execution
• Costs Award
• Withdrawal Of Suit
• Judicial Discretion

Olweny v Kenya Medical Practitioners Regulated WDT Board Sacco Ltd & another

Olweny v Kenya Medical Practitioners Regulated WDT Board Sacco Ltd & another [2025] KEHC 10696 (KLR)

Court

High Court

Case number

Commercial Case E007 of 2023

Judge

JM Nang'ea

The High Court at Nakuru struck out a commercial suit for duplicity after finding a similar pending suit and no response to the motion.

• Striking Out Of Suit
• Duplicity Of Proceedings
• Costs Award
• Striking-out-of-suit
• Duplicity-of-proceedings
• Costs-award

M’eruaki v District Land Adjudication Officer Igembe District & 2 others; M’liria (Interested Party)

M’eruaki v District Land Adjudication Officer Igembe District & 2 others; M’liria (Interested Party) [2025] KEELC 5366 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Application 30 of 2014

Judge

BM Eboso

The Environment and Land Court marked a withdrawn post-judgment motion in a concluded judicial review case and ordered the withdrawing applicant to bear costs.

• Judicial Review
• Land Adjudication
• Withdrawal Of Application
• Costs Award
• Judicial-review
• Land-adjudication

Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others

Wamalwa & 11 others v Pentecostal Evangelistic Fellowship of Africa - Soy (Registered Trustees) & 5 others [2025] KEELC 5326 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 14 of 2014

Judge

EM Washe

The court found that the suit property, L.R. No. 6455/1, was a leasehold that expired in 2008, after which it reverted to the Government of Kenya and became public land. The Plaintiffs' claim for adverse possession was unsustainable because Section 41 of the Limitation of Actions Act prohibits adverse possession claims over public land. The court further determined that the property registered in the 1st Defendant's name (LR. No. Soy/Soy Block 10 (Navillus)/2182) was created from a different parcel (LR. No. 6455/2), not the suit property claimed by the Plaintiffs. There was no legal or factua…

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• Adverse Possession
• Public Land Allocation
• Limitation Of Actions
• Title Registration
• Land Disputes
• Costs Award

Ambe v Mukayagi

Ambe v Mukayagi [2025] KEHC 9972 (KLR)

Court

High Court

Case number

Civil Appeal E556 of 2024

Judge

AC Mrima

The High Court extended time for filing a notice of appeal and granted a stay of execution for costs after finding the delay was reasonably explained.

• Extension Of Time
• Stay Of Execution
• Notice Of Appeal
• Appellate Jurisdiction
• Costs Award
• Extension-of-time

Mutua v Tripple Edge Media Limited

Mutua v Tripple Edge Media Limited [2025] KEELRC 2065 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 144 of 2019

Judge

AK Nzei

The court allowed an unopposed post-judgment application, confirming that no loan repayment was pending and that unremitted loan deductions totalled Kshs.560,000.

• Judgment Enforcement
• Salary Arrears
• Loan Deductions
• Costs Award
• Judgment-enforcement
• Salary-arrears