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Kenya decisions
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Ayusa v Macharia [2025] KEHC 10239 (KLR)
The High Court held that the appellant’s withdrawn appeal attracted costs, applying the rule that costs follow the event, and referred the matter to the Deputy Registrar.
Gichuki & another v Church Commissioner of Kenya [2025] KEELC 5128 (KLR)
After the applicants withdrew an Environment and Land suit, the court held that costs follow the event and awarded costs to the respondent.
Mburu t/a JM Mburu & Co Advocates v Malombo t/a Robinson & Co Advocates [2025] KEHC 9973 (KLR)
The court held that, pursuant to section 27(1) of the Civil Procedure Act, costs are at the discretion of the court but will ordinarily follow the event unless there is good reason to order otherwise. In this case, the withdrawal of the appeal constituted the event, and the respondent, having successfully raised a preliminary objection that led to the withdrawal, was entitled to costs. The appellant's argument that the appeal had not been admitted and that it was premature to award costs was rejected, as the respondent had already been compelled to respond to the appeal. No good reason was fo…
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Simiyu v Mukenya & 3 others [2025] KEELC 4930 (KLR)
The plaintiff withdrew a land dispute after several adjournments. The court ordered him to pay the respondents’ costs, with interest from 12 March 2025.
Cimex Concrete Company Limited v Business Partners International (K) Ltd & another [2025] KEHC 8419 (KLR)
The High Court allowed withdrawal of the suit and awarded costs to the 1st respondent only, applying the principle that costs follow the event.
Chege v Muthamia [2025] KEELC 3681 (KLR)
The Environment and Land Court at Meru dismissed an application to reinstate an appeal dismissed for want of prosecution and for stay of execution.
Karanja v Karanja [2025] KEHC 6083 (KLR)
The High Court at Kiambu reviewed its prior costs order, finding an error apparent on the face of the record and applying the rule that costs follow the event.
Bella Hill Management Limited v Vipingo Development Plc [2025] KEELC 3235 (KLR)
The Environment and Land Court at Malindi awarded Bella Hill Management Limited costs after Vipingo Development Plc completed lease registration post-filing.
Mereka v Kiarie [2025] KEHC 4748 (KLR)
The High Court enforced a domestic arbitral award, entered judgment for KES 774,000, awarded contractual interest at 14% per annum, and ordered costs against the respondent.
Rabadia Enterprises Limited v Mayfair Insurance Company Limited [2025] KEHC 2976 (KLR)
The court, having already exercised its discretion to refer the suit to arbitration and ordered that costs of the application abide the outcome of the arbitration, became functus officio regarding the issue of suit costs. The prior ruling had not been set aside or reviewed.
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