Kenya Case Law

Obila v Aroko (Sued as personal and legal representative of the Estate of the Onditi Ouma (Deceased) & 4 others

Obila v Aroko (Sued as personal and legal representative of the Estate of the Onditi Ouma (Deceased) & 4 others [2024] KEELC 5418 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 02 of 2017

Judge

GMA Ongondo

The court declined to close the defence case, holding that the 1st defendant’s explained absence and the right to be heard justified a final adjournment.

• Adjournment Of Hearing
• Right To Be Heard
• Delay Of Justice
• Service Of Process
• Adjournment-of-hearing
• Right-to-be-heard

M’mayi v Institution of Engineers of Kenya

M’mayi v Institution of Engineers of Kenya [2024] KEHC 2609 (KLR)

Court

High Court

Case number

Petition 135 of 2018

Judge

EC Mwita

The High Court declined to stay proceedings in an old constitutional petition pending appeal, finding the respondent had not shown prejudice or special grounds.

• Stay Of Proceedings
• Right To Fair Hearing
• Judicial Discretion
• Appeals
• Delay Of Justice
• Stay-of-proceedings

In re Estate of Kiptim Lagat (Deceased)

In re Estate of Kiptim Lagat (Deceased) [2023] KEHC 22013 (KLR)

Court

High Court

Case number

Succession Cause 57 of 2008

Judge

SM Mohochi

The court found that the issue of taxation of costs had already been determined by a previous order, which directed that such matters be dealt with in a separate miscellaneous application and not within the succession cause. The petitioner's application to strike out the objectors' application was therefore misplaced, as the objectors could not proceed with their application on costs within the succession cause due to the court's prior directions. The court further noted that both parties had contributed to the delay in the proceedings, but the succession cause should now proceed to hearing o…

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• Succession Proceedings
• Revocation Of Grant
• Costs Taxation
• Abuse Of Process
• Delay Of Justice

Kerich & another v Ngoge Peter Odiwuor t/a O.P. Ngoge & Assoicates Advocates & another

Kerich & another v Ngoge Peter Odiwuor t/a O.P. Ngoge & Assoicates Advocates & another [2023] KEHC 21459 (KLR)

Court

High Court

Case number

Civil Case 390 of 2011

Judge

AN Ongeri

The High Court dismissed an application to stay and transfer a long-running civil suit, holding that the issues should have been raised earlier and that delay would result.

• Stay Of Proceedings
• Transfer Of Suit
• Case Management
• Delay Of Justice
• Stay-of-proceedings
• Transfer-of-suit

Musili v Scania East Africa Limited

Musili v Scania East Africa Limited [2023] KEHC 24598 (KLR)

Court

High Court

Case number

Commercial Case 123 of 2016

Judge

MN Mwangi

The court held that the mere fact that the current judge did not observe the demeanor of the witnesses is not a sufficient reason to order a hearing de novo, especially where the typed proceedings are reliable and no gaps or omissions have been identified. The overriding objective of the court is to ensure expeditious and efficient resolution of disputes, and starting the case afresh would cause unnecessary delay and prejudice to the defendant, who would incur additional costs and be disadvantaged by the plaintiff's knowledge of the cross-examination. The court found no compelling reason to s…

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• Hearing De Novo
• Transfer Of Judge
• Typed Proceedings
• Overriding Objective
• Cross Examination
• Delay Of Justice

County Government of Homabay v Keysan Auctioneers Services & 5 others

County Government of Homabay v Keysan Auctioneers Services & 5 others [2023] KEELC 15912 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 21 of 2021

Judge

GMA Ongondo

The Environment and Land Court allowed substituted service on the 3rd defendant, finding the defendant could not be traced and the suit had been delayed.

• Substituted Service
• Service Of Process
• Delay Of Justice
• Land Disputes
• Substituted-service
• Service-of-process

Kenya Pipeline Company Limited v Cybercom Limited & another

Kenya Pipeline Company Limited v Cybercom Limited & another [2022] KECA 1359 (KLR)

Court

Court of Appeal

Case number

Civil Application 212 of 2012

Judges

HA Omondi, KI Laibuta, PM Gachoka

The Court of Appeal rescinded a 2015 stay of proceedings after finding the respondent had taken no meaningful steps to pursue the intended appeal.

• Stay Of Proceedings
• Delay Of Justice
• Appellate Jurisdiction
• Abuse Of Process
• Stay-of-proceedings
• Appellate-procedure

Republic v Charles & another

Republic v Charles & another [2022] KEHC 13650 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E031 of 2021

Judge

LM Njuguna

The court found that the applicant failed to demonstrate sufficient cause for reinstating the appeal. The applicant's claim that the respondents' whereabouts were unknown was not credible, as the 1st respondent had counsel on record and his home was known to the complainant. The State, with its resources, could have effected service if it so desired. The court emphasized the constitutional right to a fair and expeditious trial, noting that the matter had been pending since 2015 and that reinstating the appeal after such delay would prejudice the respondents. The court concluded that no good r…

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• Reinstatement Of Appeal
• Ex Parte Orders
• Right To Fair Trial
• Delay Of Justice

Wycliffe Mwavali Ondari v County Council of Narok & Kesike Ole Wotuni

Wycliffe Mwavali Ondari v County Council of Narok & Kesike Ole Wotuni [2022] KEHC 2541 (KLR)

Court

High Court

Case number

Civil Suit 2 of 2020

Judge

MC Kesse

The court found that the proceedings had been properly recorded and typed, and that the successor judge was in as good a position as the predecessor to evaluate the evidence. The plaintiff's witnesses had already testified and been cross-examined, and recalling them would be costly and potentially impossible due to the age of the case. The defendants had repeatedly delayed the proceedings and had not shown any bona fide reason for a retrial. The court emphasized the overriding objective of expeditious and just resolution of disputes, as well as the constitutional principle that justice shall…

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• De Novo Hearing
• Successor Judge Powers
• Overriding Objective
• Delay Of Justice

Republic v Kelvin Mwangi Maina

Republic v Kelvin Mwangi Maina [2021] KEHC 5429 (KLR)

Court

High Court

Case number

Criminal Case 86 of 2016

Judge

MM Kasango

The court found that although section 200 of the Criminal Procedure Code gives an accused the right to request a de novo hearing, this right is not absolute and must be exercised sparingly. In this case, the accused had legal representation throughout the proceedings, and the prosecution witnesses, who are close relatives of the deceased, testified several years ago. The likelihood of tracing these witnesses is low, and requiring them to testify again would cause them to re-live traumatic events. Further, the case has been pending since 2016, and additional delay would contravene the constitu…

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• Trial De Novo
• Section 200 Cpc
• Fair Trial Rights
• Delay Of Justice