Kenya Case Law

Rukanga & another v Magondu

Rukanga & another v Magondu [2025] KEELC 5369 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E028 of 2022

Judge

JM Mutungi

The court found that the applicants failed to satisfy the mandatory requirements for grant of stay of execution. They did not demonstrate substantial loss beyond the general risk of enforcement, failed to offer any security for due performance of the decree, and did not show that the pending judicial review would render the decree unenforceable or void. The judicial review proceedings were against a third party and sought reliefs distinct from the subject of the appeal. The costs order arose from the appellate process, and the judicial review, even if successful, would not affect the costs or…

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• Stay Of Execution
• Costs Orders
• Judicial Review Proceedings
• Land Ownership Disputes

Kithu & 8 others v Kithu & 2 others

Kithu & 8 others v Kithu & 2 others [2025] KEELC 5305 (KLR)

Court

Environment and Land Court

Case number

Land Case E050 of 2024

Judge

SM Kibunja

The court found that the preliminary objection did not raise a pure point of law because determining the parties' residences would require evidence. However, it was undisputed that the suit property is located in Mariakani, Kilifi County, and by operation of section 12(a) of the Civil Procedure Act, the suit ought to have been filed in ELC Malindi. Both ELC Mombasa and ELC Malindi have jurisdiction, but to comply with statutory requirements, the suit should be transferred to ELC Malindi. The court rejected dismissal or striking out, instead ordering transfer. Costs of the preliminary objectio…

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• Territorial Jurisdiction
• Transfer Of Suit
• Sub Judice
• Costs Orders

Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs)

Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs) [2025] KEELC 5325 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E035 of 2025

Judge

JM Onyango

The court dismissed applications to revive and reinstate an abated suit, finding the applicants failed to show sufficient cause for nearly six years’ delay.

• Abatement Of Suit
• Revival Of Suit
• Substitution Of Parties
• Statutory Power Of Sale
• Delay And Diligence
• Costs Orders

Mahir Properties Limited v Raas Global Limited & 3 others

Mahir Properties Limited v Raas Global Limited & 3 others [2025] KEELC 5138 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E434 of 2024

Judge

CG Mbogo

The court found that although the joint venture agreement contained a valid arbitration clause, the 1st defendant/applicant failed to bring the application for stay of proceedings and referral to arbitration promptly as required by Section 6 of the Arbitration Act. The applicant had already participated in the proceedings by filing responses and had not sought referral to arbitration at the earliest opportunity. The delay in making the application indicated acquiescence to the court's jurisdiction. Consequently, the court held that the application was an afterthought and that the requirements…

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• Stay Of Proceedings
• Arbitration Agreements
• Joint Venture Disputes
• Timeliness Of Applications
• Alternative Dispute Resolution
• Costs Orders

Kamoro v Waweru

Kamoro v Waweru [2025] KEELC 4813 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2023

Judge

JO Mboya

The court found that the supporting affidavit was invalid as it was commissioned by an advocate associated with the applicant's law firm, contravening section 4 of the Oaths and Statutory Declarations Act. This rendered the application defective and incompetent. The decree sought to be stayed was a negative decree arising from the dismissal of the appeal, which is not capable of being stayed. The application was filed after an unreasonable and inordinate delay of over 15 months, with no explanation provided, thus invoking the doctrine of laches. Furthermore, execution for costs cannot be stay…

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• Stay Of Execution
• Negative Decree
• Affidavit Commissioning
• Delay And Laches
• Costs Orders

Ng'ang'a & another (Suing on their own behalf & as the Administrators of the Estate of the Late Samuel Kamau Gitiria) v Shah & another

Ng'ang'a & another (Suing on their own behalf & as the Administrators of the Estate of the Late Samuel Kamau Gitiria) v Shah & another [2025] KEHC 8900 (KLR)

Court

High Court

Case number

Civil Appeal E504 of 2023

Judge

LP Kassan

The court found that the dismissal of the appeal arose from a genuine mistake by the applicants' counsel, who was misinformed by a court assistant regarding the correct mention date and judge. There was no evidence of deliberate inaction or abuse of process by the applicants themselves. The court recognized that mistakes by counsel should not, in appropriate cases, be visited upon the litigant, especially where the interests of justice require rectification. The court also considered the constitutional imperative to do substantive justice and the need to balance the competing interests of the…

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• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Mistake Of Counsel
• Court Discretion
• Costs Orders

Kenya Tea Growers Association v Tea Board of Kenya & 2 others

Kenya Tea Growers Association v Tea Board of Kenya & 2 others [2025] KEHC 8553 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application 139 of 2021

Judge

RE Aburili

The court found that the parties had amicably resolved their dispute through alternative dispute resolution and filed a consent to withdraw the judicial review proceedings. In accordance with Article 159(2)(c) of the Constitution, which encourages courts to promote alternative dispute resolution, and upon the parties' request, the court adopted the consent as an order. The proceedings were marked as wholly withdrawn, and each party was ordered to bear its own costs, effectively closing the file.

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• Judicial Review Withdrawal
• Consent Orders
• Alternative Dispute Resolution
• Costs Orders

Mbunu & another v Nyakwara & another (Suing on their own behalf and as the Administrators of the Estate of Jesca Kayoli Mutunga alias Jesca Kanyoli Mutunga)

Mbunu & another v Nyakwara & another (Suing on their own behalf and as the Administrators of the Estate of Jesca Kayoli Mutunga alias Jesca Kanyoli Mutunga) [2025] KEHC 9788 (KLR)

Court

High Court

Case number

Civil Appeal E102 of 2024

Judge

TM Matheka

The court found that although there was a delay of approximately 11 days in complying with the conditions for the stay of execution, the appeal itself was filed within the 30-day period granted by the court. The default clause in the earlier ruling only affected the stay of execution, not the validity of the appeal. The correspondence between the parties demonstrated ongoing efforts to comply, and the delay was sufficiently explained by logistical challenges in opening the joint account and processing payments. The respondent did not initiate execution proceedings despite being at liberty to…

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• Striking Out Of Pleadings
• Conditional Stay Of Execution
• Appeal Out Of Time
• Abuse Of Court Process
• Deposit Of Security
• Costs Orders

Sije & 2 others v Kiplagat

Sije & 2 others v Kiplagat [2025] KEHC 8336 (KLR)

Court

High Court

Case number

Civil Appeal E016 of 2021

Judge

RB Ngetich

The High Court reinstated an appeal dismissed for want of prosecution, subject to payment of costs, but declined to stay release of deposited funds because that issue was moot.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Stay Of Execution
• Costs Orders
• Reinstatement-of-appeal
• Dismissal-for-want-of-prosecution

Sije & 2 others v Kipchumba

Sije & 2 others v Kipchumba [2025] KEHC 8364 (KLR)

Court

High Court

Case number

Civil Appeal E017 of 2021

Judge

RB Ngetich

The High Court reinstated an appeal dismissed for want of prosecution, but only on condition that the appellants pay costs within 30 days. The stay prayer was refused as moot.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Stay Of Execution
• Costs Orders
• Reinstatement-of-appeal
• Dismissal-for-want-of-prosecution