Kenya Case Law

Local Authorities Provident Fund (LAPFUND) v Muyaa-Deceased) & 4 others

Local Authorities Provident Fund (LAPFUND) v Muyaa-Deceased) & 4 others (Environment and Land Case 210 of 2017 & 50 of 2020 (Consolidated)) [2026] KEELC 4869 (KLR) (24 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 210 of 2017

Judge

["MD Mwangi"]

The objection largely depended on contested facts on res judicata and abuse of process and therefore could not be resolved as a preliminary objection. On limitation, although land recovery claims are ordinarily time-barred after twelve years, the counterclaim pleaded fraud, which invokes section 26 of the Limitation of Actions Act and requires evidence on discovery. The preliminary objection therefore failed.

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• Preliminary objections
• Res judicata
• Limitation of actions for recovery of land
• Fraud and concealment
• Abuse of process
• Counterclaims

Diamond Shipping Services Limited v Kencott CFS & 3 others

Diamond Shipping Services Limited v Kencott CFS & 3 others (Civil Appeal E198 of 2023) [2026] KEHC 12506 (KLR) (9 June 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E198 of 2023

Judge

["PK Rotich"]

The appeal succeeded because the 1st and 3rd respondents’ counterclaims did not properly plead or pray for liability against the appellant in the manner awarded, and the trial court’s 50% apportionment of demurrage and storage charges against the appellant was unsupported by the pleadings and evidence. The appellate court further held that the appellant acted in good faith in the face of fraud allegations and that there was no basis for imposing liability on it for charges that had begun accruing before the disputed manifest changes and were also prolonged by the 4th respondent’s own restrain…

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• Pleadings and variance between pleadings and prayers
• First appeal re-evaluation of evidence
• Agency liability
• Demurrage and storage charges
• Title to imported motor vehicles
• Fraud and manifest amendment

Ahono v Ayiemba

Ahono v Ayiemba (Environment and Land Appeal E015 of 2025) [2026] KEELC 3297 (KLR) (28 May 2026) (Judgment)

Court

Environment and Land Court

Case number

Environment and Land Appeal E015 of 2025

Judge

["E Asati"]

The trial court erred by striking out the appellant’s plaint, which pleaded trespass and was within its jurisdiction, merely because the respondent’s counterclaim introduced adverse possession, a distinct claim outside magistrates’ jurisdiction. The counterclaim should have been dealt with separately, leaving the plaint to proceed on its merits.

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• Trespass to land
• Adverse possession
• Jurisdiction of magistrates’ courts
• Counterclaims
• Striking out pleadings
• Costs

Abongo v Ombogo & another

Abongo v Ombogo & another (Environment and Land Miscellaneous Application E059 of 2025) [2026] KEELC 3314 (KLR) (7 May 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E059 of 2025

Judge

["FO Nyagaka"]

Because the adverse possession counterclaim was filed and the suit substantially progressed before the Court of Appeal clarified the law in Sugawara, the court treated the jurisdictional defect as one arising from a pre-clarification era of confusion and held that, in the interests of justice, the suit should be transferred to the ELC for hearing and determination.

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• Transfer of suits
• Jurisdiction
• Adverse possession
• Counterclaims
• Subordinate court jurisdiction
• Article 159 interests of justice

Mbulo v Mwongela & 2 others

Mbulo v Mwongela & 2 others [2025] KEELC 5331 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E017 of 2022

Judge

EO Obaga

The appeal turned on the issue of legal capacity. The court found that the appellant, having not taken out grant of letters of administration in respect of her late husband's estate, lacked capacity to be sued or to bring a counterclaim regarding the estate property. The law requires that any suit concerning a deceased's property must be brought by or against the legal representative. The trial magistrate erred by proceeding against the appellant in her personal capacity and by failing to make a finding on the counterclaim. Consequently, both the respondents' suit and the appellant's counterc…

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• Locus Standi
• Capacity To Sue Or Be Sued
• Administration Of Estates
• Ownership Of Land
• Counterclaims
• Partition And Subdivision

Ndung’u v Muigai

Ndung’u v Muigai [2025] KEHC 10376 (KLR)

Court

High Court

Case number

Commercial Appeal E003 of 2023

Judge

BK Njoroge

The High Court found that the Small Claims Court erred by failing to consider and determine the appellant's counter-claim, which was properly pleaded and formed part of the proceedings. This omission constituted a fundamental procedural error and resulted in a mistrial, as the counter-claim could have affected the outcome of the main claim, either by reducing or extinguishing the appellant's liability through set-off. The High Court held that both the claim and the counter-claim must be adjudicated together, and the failure to do so prejudiced the appellant. Consequently, the judgment and dec…

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• Appeals From Small Claims Court
• Counterclaims
• Set Off
• Retrial Orders

Ombi Rubber Rollers Limited v Wef Logistics Limited

Ombi Rubber Rollers Limited v Wef Logistics Limited [2025] KEHC 10055 (KLR)

Court

High Court

Case number

Miscellaneous Application E1026 of 2024

Judge

PM Mulwa

The High Court dismissed an application to transfer a Small Claims Court suit so the applicant could file a counterclaim exceeding that court’s Kshs. 1 million limit.

• Pecuniary Jurisdiction
• Transfer Of Suits
• Counterclaims
• Small Claims Court Procedure
• Small-claims-court
• Pecuniary-jurisdiction

Safaricom Plc v East African Data Handlers Limited

Safaricom Plc v East African Data Handlers Limited [2025] KEHC 9996 (KLR)

Court

High Court

Case number

Commercial Case E127 of 2019

Judge

RC Rutto

The High Court held that a renewed bid to amend the defence and add a counterclaim was res judicata, because leave had already been granted in 2021.

• Amendment Of Pleadings
• Counterclaims
• Res Judicata
• Aggregator Contracts
• Res-judicata
• Amendment-of-pleadings

Helasabili Mobile Capital Limited v Chameleon Solutions Limited

Helasabili Mobile Capital Limited v Chameleon Solutions Limited [2025] KEHC 9465 (KLR)

Court

High Court

Case number

Miscellaneous Application E153 of 2023

Judge

PN Gichohi

The High Court held that it cannot transfer a suit from the Small Claims Court to the Magistrates Court where the Small Claims Court lacks jurisdiction due to the value of the counterclaim. The applicant, by expressly waiving recovery of sums above Kshs. 1,000,000 in its counterclaim, invoked Rule 14 of the Small Claims Court Rules and thereby limited the court's jurisdiction to the statutory maximum. The law is settled that a suit filed in a court without jurisdiction is incompetent and cannot be transferred to a court with jurisdiction; it must be struck out or withdrawn. The court cited bi…

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• Transfer Of Suits
• Pecuniary Jurisdiction
• Counterclaims
• Small Claims Court Procedure

Hi Jung Oh Children’s Home v Life Reformation Centre & 4 others; Thome Farmers Company (No 1) Limited (Interested Party)

Hi Jung Oh Children’s Home v Life Reformation Centre & 4 others; Thome Farmers Company (No 1) Limited (Interested Party) [2025] KEELC 4660 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E223 of 2022

Judge

CG Mbogo

The court dismissed an application by Thome Farmers Company (No. 1) Limited to be joined as a defendant and to file a defence and counterclaim.

• Joinder Of Parties
• Limitation Of Actions
• Ownership Disputes
• Counterclaims
• Joinder-of-parties
• Land-disputes