Kenya Case Law

In re Estate of Lusila Wairu Waweru (Deceased)

In re Estate of Lusila Wairu Waweru (Deceased) [2025] KEHC 10359 (KLR)

Court

High Court

Case number

Succession Cause 172 of 2016

Judge

M Thande

The court held that the notice to produce the email correspondence between Emmanuel and his advocates could not be granted. The communication is protected by advocate/client privilege under Sections 134 and 137 of the Evidence Act, and the exceptions to this privilege—such as communications made in furtherance of an illegal purpose or where a crime or fraud has been committed—were not established in this case. Furthermore, the court found that the issue of ownership of Plot 8103 had already been conclusively determined in previous rulings, rendering the matter res judicata under Section 7 of…

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• Probate And Administration
• Discovery Of Documents
• Advocate Client Privilege
• Res Judicata

Ongalo v Ethics and Anti-Corruption Commission & 3 others

Ongalo v Ethics and Anti-Corruption Commission & 3 others [2025] KEHC 10165 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E027 of 2023

Judge

LM Njuguna

The court found that while the applicant had made requests for documents from NMK and Standard Chartered Bank, not all conditions for production had been met by the applicant, such as clarifying specific issues or obtaining necessary consents. NMK could not be faulted entirely for non-production, as some documents required further action by the applicant. However, the court recognized the applicant's right to access documents central to his defence and ordered NMK and the relevant banks to supply specified documents within 30 days. The court declined to grant a stay of proceedings, holding th…

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• Discovery Of Documents
• Production Of Evidence
• Stay Of Proceedings
• Public Interest Litigation

Mwangi v Ikenga

Mwangi v Ikenga [2025] KEHC 9040 (KLR)

Court

High Court

Case number

Civil Case E049 of 2024

Judge

HK Chemitei

The High Court allowed an application for production of a joint bank statement relevant to property-contribution issues, finding no concrete prejudice to the respondent.

• Discovery Of Documents
• Production Of Bank Records
• Joint Account Disputes
• Contribution To Property
• Admissibility Of Evidence
• Discovery-of-documents

Flodida Construction Machinery Limited v Wanyonyi

Flodida Construction Machinery Limited v Wanyonyi [2025] KEELRC 1695 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E017 of 2025

Judge

JK Gakeri

The court found that the applicant had established a prima facie case for the production of the requested Mpesa statements, as the information sought was specific, relevant, and necessary for the fair determination of the dispute. The respondent's right to privacy, while protected under Article 31 of the Constitution, is not absolute and may be lawfully limited where the information is required for the establishment or defence of a legal claim, as provided under the Data Protection Act. The respondent failed to deny ownership of the subject mobile numbers or to demonstrate how his privacy wou…

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• Discovery Of Documents
• Employee Fraud
• Right To Privacy
• Data Protection
• Production Of Evidence

Almasi Bottlers Limited v M’Mbijiwe & 3 others

Almasi Bottlers Limited v M’Mbijiwe & 3 others [2025] KEHC 8726 (KLR)

Court

High Court

Case number

Civil Suit E012 of 2022

Judge

DKN Magare

The High Court at Nyeri dismissed a discovery application by the 3rd defendant, holding that the plaintiff had supplied available documents and need not produce non-existent ones.

• Discovery Of Documents
• Burden Of Proof
• Secondary Evidence
• Costs Award
• Pretrial Procedure
• Discovery-of-documents

Ongegu aka Nyashinski v Jedidah & another

Ongegu aka Nyashinski v Jedidah & another [2025] KEHC 4886 (KLR)

Court

High Court

Case number

Civil Appeal E931 of 2024

Judge

AC Mrima

The High Court granted stay of execution pending appeal, finding the applicant faced substantial loss if discovery documents were released. It also overruled an objection to counsel’s supporting affidavit.

• Stay Of Execution
• Affidavit By Advocate
• Discovery Of Documents
• Interlocutory Applications
• Stay-of-execution
• Affidavit-by-advocate

Dimkes Sacco Society Limited v Kirungu

Dimkes Sacco Society Limited v Kirungu [2025] KECPT 227 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 422/E620 of 2023

Judges

BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw

The Tribunal allowed a Sacco member’s motion for production of documents, holding that membership rights to information outweighed the Data Protection Act objection.

• Discovery Of Documents
• Member Rights In Cooperative Societies
• Data Protection In Civil Procedure
• Production Of Evidence
• Discovery-of-documents
• Cooperative-societies

Wandugi & Co. Advocates v Wakanene & another; Njuguna (Interested Party)

Wandugi & Co. Advocates v Wakanene & another; Njuguna (Interested Party) [2025] KEHC 3716 (KLR)

Court

High Court

Case number

Miscellaneous Case E0851 of 2021

Judge

RC Rutto

The interested party's application for the production of documents lacked merit because the legal provisions cited (Article 35 of the Constitution, sections 68(1) and 69 of the Evidence Act) were inapplicable in this context, the more appropriate provision (section 22 of the Civil Procedure Act) was not properly invoked, the documents were likely already in the possession of the parties the interested party was acting for (the respondents), and the application appeared to be an abuse of the court process.

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• Discovery Of Documents
• Notice To Produce
• Production Of Evidence
• Costs Orders

Adika & 12 others v Maina & 5 others

Adika & 12 others v Maina & 5 others [2025] KEELC 1357 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 315 of 2014

Judge

E Asati

A court can order discovery of records relevant to the suit land and deed plans if it will aid the fair disposal of the suit, even if there is no concrete evidence of document alteration, as long as no prejudice is caused. However, expunging evidence before a trial and ordering premature cross-examination are not permissible as these are matters to be addressed during the main trial.

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• Discovery Of Documents
• Production Of Evidence
• Land Records
• Admissibility Of Documents

Kenyariri v Double Win Company Limited & 3 others

Kenyariri v Double Win Company Limited & 3 others [2025] KEELC 1466 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E288 of 2022

Judge

CG Mbogo

The plaintiff's application for production of documents lacked merit because two of the three requested documents were already on the court record, the necessity and specific purpose for the third document (loan statement) were not sufficiently demonstrated, and the confidentiality of the loan statement was a relevant consideration given the availability of other documents indicating the loan status.

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• Discovery Of Documents
• Production Of Evidence
• Confidentiality Of Bank Records
• Mortgage Discharge
• Relevance Of Evidence