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Kenya decisions
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Maranga v Mwangi & 2 others [2025] KEELC 5130 (KLR)
The Environment and Land Court dismissed an application to strike out a further amended plaint, finding the land recovery claim was timely and mediation settlement should stand.
In re Estate of Silas Kagina Gichoni (Deceased) [2025] KEHC 9728 (KLR)
The court found that the respondent had intermeddled with the estate by subdividing and transferring estate property without court sanction and in the absence of a confirmed grant, which is prohibited under Section 45 of the Law of Succession Act. The court affirmed its jurisdiction to issue injunctive orders in succession matters under Section 47 of the Act and Rule 73 of the Probate and Administration Rules, supported by relevant case law. The applicant established a prima facie case for injunctive relief, as continued intermeddling would risk dissipation of the estate to the detriment of t…
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Thika Nursing Home Limited (Under Receivership) v Shah & another; Bank of Baroda (K) Limited & 2 others (Interested Parties) [2025] KEHC 8108 (KLR)
The High Court at Thika adopted a mediation settlement agreement, ordered vacant possession of the dispute property, and awarded rent and agreed advocates’ fees.
Ikiao v Methodist Church in Kenya Trustees Registered & 2 others; Kimuu & 5 others (Interested Parties) [2025] KEELRC 1245 (KLR)
The court found that while the respondents alleged willful disobedience of court orders by the claimant and others, the foundation for the contempt application was defective because the orders allegedly breached were not issued on the date claimed (29 January 2025), and the respondents had not filed a response or counterclaim to the claimant's suit. The only valid court directions were those issued on 20 January 2025, referring parties to mediation and maintaining the claimant's suspension. Without a substantive response or counterclaim, the interim orders and contempt application could not b…
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In re Estate of Michael Kiptoo Kebenei (Deceased) [2025] KEHC 4902 (KLR)
The court found, on a balance of probabilities, that the Objector is the biological son of the deceased, based on consistent and credible witness testimony, circumstantial evidence of familial interactions, and the Administrators' lack of candor and failure to call crucial witnesses. The court held that, under Section 29(a) of the Law of Succession Act, the Objector is an automatic heir and does not need to prove dependency. However, the court declined to revoke the Grant, finding no fraudulent intent by the Administrators and noting that revocation would not serve the interests of justice. I…
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Macharia v Macharia & 4 others [2025] KEHC 4360 (KLR)
High Court directed court-annexed mediation in a family trust dispute and ordered interim payment of tuition and upkeep from trust funds pending resolution.
HHI Management Services Limited v Okeyo & another [2025] KECA 501 (KLR)
The Court dismissed the application for a stay of proceedings because while the applicant demonstrated an arguable appeal regarding the enforceability of arbitration clauses in employment contracts, they failed to demonstrate that the appeal would be rendered nugatory if the proceedings before the Employment and Labour Relations Court, including court-annexed mediation, were allowed to continue. The court reasoned that the consequences of the trial court's decision would be reversible, and the applicant could be compensated by an award of costs if the appeal were successful.
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Mwambi & 2 others v Sagalla Ranchers Limited & 8 others [2025] KEHC 3104 (KLR)
The High Court at Voi allowed the defendants 15 days to file a defence out of time and referred the dispute to court-annexed mediation.
LJY v JKY [2025] KEHC 1797 (KLR)
The High Court at Eldoret adopted a mediated settlement in a matrimonial cause, making the property-sharing agreement enforceable as a court order.
LJY v JKY [2025] KEHC 17155 (KLR)
The court found that the mediation settlement agreement dated 23rd May 2023 was validly entered into by both parties, who participated in the mediation process and signed the agreement. The legal framework under Article 159(2)(c) of the Constitution, the Civil Procedure Act, and the Judiciary Practice Directions on Court Annexed Mediation provides that such agreements, once adopted by the court, are binding and enforceable as judgments or orders of the court. There was no evidence of vitiating factors such as fraud, misrepresentation, or coercion. Therefore, the court adopted the mediation se…
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