Kenya Case Law

Achieng v Oduor (Suing as Widow and Legal Representative. to the Estate of Isaac Osundwa Makau Wamuyoka - Deceased) & another

Achieng v Oduor (Suing as Widow and Legal Representative. to the Estate of Isaac Osundwa Makau Wamuyoka - Deceased) & another [2025] KEHC 6348 (KLR)

Court

High Court

Case number

Civil Appeal E018 of 2023

Judge

DK Kemei

High Court at Siaya granted stay of execution pending a planned Court of Appeal challenge, on condition that half the decretal sum is paid out and the balance secured in a joint interest account.

• Stay Of Execution
• Security For Decree
• Appeals Process
• Discretionary Powers Of Court
• Stay-of-execution
• Security-for-decree

Andika v Republic

Andika v Republic [2025] KEHC 6581 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Case E118 of 2024

Judge

S Mbungi

The High Court at Kakamega granted Bonface Andika bail pending appeal after finding his concern about serving the sentence before appeal hearing was valid.

• Bail Pending Appeal
• Discretionary Powers Of Court
• Exceptional Circumstances
• Sentence Suspension
• Bail-pending-appeal
• Criminal-procedure

Frodak Kenya Limited v Simon

Frodak Kenya Limited v Simon [2025] KEELRC 1456 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E009 of 2024

Judge

DN Nderitu

The court found that the delay in filing the appeal was approximately one month and 21 days, which was reasonably explained by the applicant as being due to a change in legal representation. The court held that this delay was excusable and that the applicant had demonstrated an arguable appeal based on the draft memorandum of appeal. The respondent would not suffer undue prejudice as any stay would only delay, not deny, enjoyment of the judgment. On the issue of stay, the court noted the respondent's means to refund the decretal sum were unknown, and failure to grant a stay could render the i…

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• Extension Of Time To Appeal
• Stay Of Execution
• Judgment Debtor Rights
• Appeal Procedure
• Discretionary Powers Of Court

East Africa Development Bank v Ari Limited & 5 others

East Africa Development Bank v Ari Limited & 5 others [2024] KEHC 7634 (KLR)

Court

High Court

Case number

Civil Case 001 of 2020

Judge

A Mabeya

The court found that the applicants had established sufficient grounds for the cross-examination of David Odongo, as there were apparent contradictions between his replying affidavit and other witness statements on record. The court emphasized that cross-examination is a discretionary remedy, only to be granted where it is essential to the interests of justice and where there is a proper legal foundation. The court held that the authenticity of the facts deponed in the affidavit could only be ascertained through cross-examination, and that the judgment-creditor would not be prejudiced by such…

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• Cross Examination Of Deponents
• Affidavit Evidence
• Discretionary Powers Of Court
• Contradictory Affidavit Statements

Kungu v Ligabo

Kungu v Ligabo [2024] KEHC 1521 (KLR)

Court

High Court

Case number

Civil Appeal E019 of 2024

Judge

DKN Magare

The court found that the applicant provided a concrete, plausible, and fully explained reason for the short delay in filing the memorandum of appeal. The delay was occasioned by the insurance company only informing the applicant of the outstanding balance after paying their capped liability, and the applicant acted promptly upon learning of the judgment. The respondent failed to demonstrate any prejudice arising from the short delay, especially as they had already received a substantial sum from the insurer. The court held that the firm of Wandai Matheka & Company Advocates was properly on re…

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• Extension Of Time
• Leave To Appeal Out Of Time
• Change Of Advocate Post Judgment
• Service Of Process
• Discretionary Powers Of Court

Gachoka v Mulu

Gachoka v Mulu [2024] KEHC 590 (KLR)

Court

High Court

Case number

Civil Appeal 248 of 2023

Judge

SM Mohochi

The High Court dismissed an application for stay of execution pending appeal, finding the applicant had not complied with prior directions or shown the required conditions for stay.

• Stay Of Execution
• Security For Due Performance
• Appeal Procedure
• Discretionary Powers Of Court
• Stay-of-execution
• Security-for-due-performance

Mutisya v Kitulu (Suing through next friend Paul Mwaniki Katulu)

Mutisya v Kitulu (Suing through next friend Paul Mwaniki Katulu) [2023] KEHC 24249 (KLR)

Court

High Court

Case number

Miscellaneous Application E096 of 2022

Judge

GMA Dulu

The High Court declined to extend time to appeal and refused stay of execution, finding no explanation for the delay and no basis for a stay without an appeal filed.

• Extension Of Time To Appeal
• Stay Of Execution
• Discretionary Powers Of Court
• Extension-of-time-to-appeal
• Stay-of-execution
• Civil-procedure

Kamanda v Murithi & another

Kamanda v Murithi & another [2023] KEELC 20265 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 219 of 2014

Judge

EK Wabwoto

The Environment and Land Court in Nairobi reopened the parties’ cases and allowed the plaintiff to call remaining witnesses in a 2014 land dispute.

• Reopening Of Case
• Recall Of Witnesses
• Fair Hearing Rights
• Discretionary Powers Of Court
• Reopening-of-case
• Recall-of-witnesses

Haji & another v Kazungu & 49 others; Koi & 172 others (Interested Parties)

Haji & another v Kazungu & 49 others; Koi & 172 others (Interested Parties) [2023] KEELC 18883 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 23 of 2017

Judge

EK Makori

The court found that since judgment had already been delivered after a full hearing on the merits between the plaintiffs and defendants, joining the interested parties at this stage to plead adverse possession would unnecessarily complicate the matter. The intended claim of adverse possession by the interested parties does not affect the existing parties to the concluded suit, and the interested parties are free to bring a fresh suit to ventilate their claim. The circumstances of the case do not justify the exercise of discretion in favour of joinder after judgment, as it would not serve the…

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• Joinder Of Parties
• Adverse Possession
• Finality Of Judgment
• Discretionary Powers Of Court

Osman v Cabinet Secretary, Ministry of Interior & Co-ordination of National Government & 2 others

Osman v Cabinet Secretary, Ministry of Interior & Co-ordination of National Government & 2 others [2023] KEHC 18384 (KLR)

Court

High Court

Case number

Petition 139 of 2015

Judge

AC Mrima

The court found that the petitioner was essentially challenging the manner in which the court assessed and analyzed the evidence in the original judgment, rather than pointing to a self-evident error apparent on the face of the record. The principles governing review applications require that such an error must be obvious and not require detailed argument. Since the petitioner's grounds did not meet this threshold, the application for review could not be sustained. The court emphasized that review is not a substitute for appeal and that the petitioner's remedy lies in appealing the judgment.…

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• Review Of Judgment
• Error Apparent On Record
• Discretionary Powers Of Court
• Appeal Rights