Kenya Case Law

Munai v Langat

Munai v Langat [2025] KEELC 5252 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 80 of 2018

Judge

LA Omollo

The court found that there was no evidence on record that the respondent/applicant was ever served with summons to enter appearance or pleadings. The affidavits of service only referred to mention and hearing notices, not to the initial summons or pleadings. In line with established legal principles, a judgment entered without proper service is irregular and must be set aside as a matter of right, not discretion. The court therefore set aside the judgment delivered on 19th January, 2023 and directed that the respondent/applicant be allowed to file his response to the originating summons. Cost…

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• Service Of Process
• Setting Aside Judgment
• Adverse Possession
• Default Judgment
• Costs Award

Trident Insurance Company Limited v County Government of West Pokot & 3 others

Trident Insurance Company Limited v County Government of West Pokot & 3 others [2025] KEHC 9939 (KLR)

Court

High Court

Case number

Civil Case E002 of 2025

Judge

RPV Wendoh

The High Court granted leave to enter judgment in default of appearance where the defendants were served but filed no appearance or defence, despite admitting the debt.

• Contract Enforcement
• Default Judgment
• Public Entity Liability
• Default-judgment
• Service-of-summons
• Civil-procedure

Marianne Center Foundation v Mutoro

Marianne Center Foundation v Mutoro [2025] KEELRC 2041 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E171 of 2024

Judge

JW Keli

The court found that the appellant failed to demonstrate sufficient cause for setting aside the ex parte judgment, as there was no draft defence on record or disclosure of triable issues before the trial court. The court held that the absence of a draft defence or any indication of a bona fide triable issue meant there was no basis to interfere with the trial court's exercise of discretion. The court further noted that the issue of the contract being signed only by the claimant was not raised before the trial court and could not be introduced for the first time on appeal. The principles gover…

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• Setting Aside Ex Parte Judgment
• Default Judgment
• Triable Issues
• Mistake Of Counsel
• Draft Defence Requirement

Scania Credit Solutions (Proprietary) Limited v Godfrey & another

Scania Credit Solutions (Proprietary) Limited v Godfrey & another [2025] KEHC 9470 (KLR)

Court

High Court

Case number

Civil Appeal E028 of 2025

Judge

AN Ongeri

The court found that the appellant satisfied the requirements for stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The appellant demonstrated a risk of substantial loss if stay was not granted, as the 1st respondent's ability to refund the decretal sum was doubtful. The application was filed within 11 days of the impugned ruling, which the court deemed prompt and not an unreasonable delay. The appellant's willingness to deposit half the decretal sum as security aligned with prior court orders and was considered adequate to protect the respondent's intere…

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• Stay Of Execution
• Vicarious Liability
• Default Judgment
• Security For Decretal Sum

Chemao v Maina

Chemao v Maina [2025] KEELC 4967 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2024

Judge

EC Cherono

The Environment and Land Court dismissed an appeal against refusal to set aside ex parte judgment, holding the appellant had not diligently pursued the case.

• Setting Aside Ex Parte Judgment
• Default Judgment
• Access Road Disputes
• Duty Of Litigant
• Advocate Negligence
• Land Registration

Joseph v Soy & another

Joseph v Soy & another [2025] KECA 1115 (KLR)

Court

Court of Appeal

Case number

Civil Application E499 of 2024

Judges

W Karanja, K M'Inoti, P Nyamweya

The Court of Appeal dismissed an application for stay of proceedings pending appeal, finding no sufficient basis for an arguable appeal or nugatory risk.

• Default Judgment
• Setting Aside Judgment
• Stay Of Proceedings
• Exercise Of Discretion
• Natural Justice
• Stay-of-proceedings

Osembe v Kipkai Enterprises Limited

Osembe v Kipkai Enterprises Limited [2025] KECA 1126 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 499 of 2019

Judges

DK Musinga, M Ngugi, GV Odunga

The Court of Appeal upheld the refusal to set aside an ex parte judgment, finding that summons had been properly served and the application was delayed.

• Setting Aside Ex Parte Judgment
• Service Of Summons
• Judicial Discretion
• Default Judgment
• Lease Disputes
• Setting-aside-ex-parte-judgment

Moronge v County Government of Homabay & 3 others

Moronge v County Government of Homabay & 3 others [2025] KEELC 5042 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 1 of 2023

Judge

FO Nyagaka

The court set aside a default judgment against the County Government of Homabay, finding service by email unproven, leave requirements unmet, and execution procedure irregular.

• Default Judgment
• Service Of Process
• Execution Against Government
• Leave Of Court
• Government Proceedings Act
• Land Ownership Dispute

Bhogal v Mukui

Bhogal v Mukui [2025] KEHC 10281 (KLR)

Court

High Court

Case number

Civil Case E010 of 2023

Judge

SM Mohochi

The High Court struck out a defence filed out of time without leave, reinstated default judgment, and awarded costs after finding no valid excuse for non-compliance.

• Striking Out Of Pleadings
• Default Judgment
• Late Filing Of Defence
• Overriding Objective
• Abuse Of Court Process
• Striking-out-of-pleadings

West Kenya Sugar Company Limited v Wanyonyi (Suing for and on Behalf of the Estate of John Mboya Amolo)

West Kenya Sugar Company Limited v Wanyonyi (Suing for and on Behalf of the Estate of John Mboya Amolo) [2025] KEHC 8444 (KLR)

Court

High Court

Case number

Civil Miscellaneous Application E078 of 2025

Judge

PN Gichohi

The court found that the applicant's advocate was properly on record as there was no previous advocate in the lower court, thus no leave was required under Order 9 Rule 9. The delay in filing the appeal was approximately 11 days, explained by the advocate's illness, and supported by medical evidence. The court held this constituted sufficient cause for delay and exercised its discretion to grant extension of time under Section 79G of the Civil Procedure Act. However, the impugned ruling was a negative order dismissing an application to set aside judgment, which is incapable of execution excep…

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• Extension Of Time
• Stay Of Execution
• Appeals From Subordinate Courts
• Default Judgment
• Change Of Advocate
• Costs