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Kenya decisions
Decisions matching the current search
Wambulwa v Republic [2025] KEHC 6781 (KLR)
The High Court ordered reconstruction of a missing criminal case file, finding retrial impractical after long delay, missing exhibits, and unavailable witnesses.
Chabeda v Thuo [2025] KEHC 4994 (KLR)
The court found that the applicant had not demonstrated, beyond all reasonable doubt, that the proceedings in the lower court ought not to continue. The judge emphasized the need for expeditious disposal of cases, especially given the delay already experienced in the lower court. The applicant failed to show sufficient prejudice that would be suffered if the stay was not granted, while further delay would likely prejudice the plaintiff in the lower court. The court was not persuaded that the threshold for granting a stay of proceedings had been met, and accordingly dismissed the application w…
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Rono & another v Nyambane & 6 others [2025] KEELC 125 (KLR)
The Environment and Land Court dismissed an application to set aside alleged ex parte proceedings, finding the defendants were represented and had participated in the hearing.
Kenya Defence Forces & 2 others v Munene [2024] KEELRC 13233 (KLR)
The Employment and Labour Relations Court granted a conditional stay of proceedings pending appeal, finding the memorandum of appeal was filed in time and the appeal was arguable.
Ali v Dika & 2 others [2024] KEELC 6437 (KLR)
The Environment and Land Court dismissed an application to review and set aside earlier orders, finding it repetitive and intended to delay the hearing of the 3rd defendant’s evidence.
Sidian Bank Limited v Ngugi & 4 others [2023] KEELC 22471 (KLR)
The court found that the 5th and 6th respondents were guilty of inordinate delay in filing the application for stay of proceedings, as the application was filed several months after the ruling subject to appeal. The court was not persuaded that the appeal would be rendered nugatory if stay was not granted, since any judgment delivered could be stayed and an aggrieved party retains the right to appeal. The court also noted that the 5th and 6th respondents had repeatedly failed to comply with court directions, while all other parties had complied. The court concluded that granting a stay would…
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Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy [2023] KEELRC 2997 (KLR)
The court declined the respondent’s bid to recall the claimant and reopen the case, holding that a change of judge and counsel alone was insufficient.
Onyonyi v Alfa Motors Limited [2023] KEHC 24738 (KLR)
The High Court allowed admission of an inspection report without calling its maker, finding further delay unreasonable and no unfair prejudice to the defendant.
Kehar v Busam Capital Limited & 2 others [2023] KEELC 17830 (KLR)
The court found that the Plaintiff and her counsel had ample notice of the hearing date, which was taken by consent and confirmed in their presence. The Plaintiff failed to file fresh evidence as allowed and did not communicate any intention to seek adjournment or directions, thereby misleading the court and other parties. The court held that the Plaintiff's conduct demonstrated a lack of diligence and an intention to delay proceedings, contrary to the overriding objective of the Civil Procedure Act and the constitutional imperative that justice shall not be delayed. The Plaintiff's applicati…
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Ngatho & another v Moki Savings Co-operative Society Ltd & 21 others [2023] KEELC 901 (KLR)
The court dismissed an application to stay proceedings pending appeal, holding that filing a similar stay application in the Court of Appeal deprived the trial court of jurisdiction.
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