Kenya Case Law

Kimani & another (Suing as the Legal Representatives of the Estate of the Late Caleb Ndungu Mwangi (Deceased)) v Lawfirm

Kimani & another (Suing as the Legal Representatives of the Estate of the Late Caleb Ndungu Mwangi (Deceased)) v Lawfirm [2025] KEHC 10257 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E670 of 2024

Judge

JK Ng'arng'ar

The court found that the taxing master failed to consider the applicant's evidence and submissions regarding payment of legal fees, constituting an error of principle. The court further held that the application was not filed inordinately late, as the applicant acted within the stay period and the law allows for enlargement of time in appropriate circumstances. In the interest of justice and to ensure all issues are determined on their merits, the court set aside the taxing master's decision and ordered a fresh taxation of the bill of costs before a different taxing master. The applicant was…

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• Taxation Of Costs
• Advocate Remuneration
• Review Of Taxing Officer Decision
• Enlargement Of Time

Kipkoech v Republic

Kipkoech v Republic [2025] KEHC 9758 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E090 of 2024

Judge

RN Nyakundi

The High Court at Eldoret dismissed an application for leave to appeal out of time, holding it could not revisit an appeal it had already determined.

• Leave To Appeal Out Of Time
• Pauper Proceedings
• Criminal Appeals
• Enlargement Of Time
• Criminal-appeals
• Leave-to-appeal-out-of-time

Thungu & another v Otieno (Suing as the Legal Representative of the Estate of Mary Anne Auma Ohana (Deceased))

Thungu & another v Otieno (Suing as the Legal Representative of the Estate of Mary Anne Auma Ohana (Deceased)) [2025] KEHC 9513 (KLR)

Court

High Court

Case number

Civil Appeal E008 of 2025

Judge

DK Kemei

The court found that the appellants failed to comply with the consent order within the stipulated 45 days and did not approach the court in a timely manner to seek extension or variation. The appellants did not demonstrate discovery of new and important matter, error apparent on the face of the record, or sufficient reason to justify review of the consent order. The court emphasized that parties are bound by the terms of a consent order, and partial compliance does not entitle a party to relief where the consent did not provide for such. The appellants' delay was not excusable, and the respon…

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• Review Of Consent Orders
• Stay Of Execution
• Security For Decretal Sum
• Enlargement Of Time
• Execution Of Decree

M’Kirichu v Thuranira & another

M’Kirichu v Thuranira & another [2025] KEELC 4911 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E008 of 2025

Judge

BM Eboso

The court found that the applicant had provided a satisfactory explanation for the delay in lodging the appeal, namely, that the appeal was filed within time but in the wrong registry due to an inadvertent error by counsel. There was no controverting evidence from the respondents. The court held that this constituted sufficient cause to warrant enlargement of time for filing the appeal, subject to the applicant paying the 2nd respondent's costs. However, the court determined that the judgment in question was a negative decree, which does not attract an order of stay of execution. Established…

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• Enlargement Of Time
• Stay Of Execution
• Appeals Process
• Jurisdictional Error

Issack v Bank of Baroda (Kenya) Limited and Valley Auctioneers

Issack v Bank of Baroda (Kenya) Limited and Valley Auctioneers [2025] KEELC 4780 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E031 of 2025

Judge

A Ombwayo

The Environment and Land Court dismissed an application for extension of time and deferral of ruling, finding it had been overtaken by events because the matter was already set for mention.

• Extension Of Time
• Court Discretion
• Enlargement Of Time
• Inherent Powers
• Filing Of Affidavits
• Extension-of-time

Nderitu v Xaverian Brothers (K) Trustees Registered

Nderitu v Xaverian Brothers (K) Trustees Registered [2025] KEELRC 1919 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E006 of 2025

Judge

DKN Marete

The court found that although Advocate Kariuki was 'inactive' as of the date of the preliminary objection, her status was regularized within two days by issuance of a valid practicing certificate and confirmation of 'active' status by the Law Society of Kenya. The court held that such technical defects should not defeat substantive justice, especially where the delay was explained by medical and academic reasons. On territorial jurisdiction, the court held that the Employment and Labour Relations Court has nationwide jurisdiction and the Nairobi registry can hear appeals from Ngong Law Courts…

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• Advocate Practicing Certificate
• Territorial Jurisdiction
• Procedural Compliance
• Preliminary Objection
• Enlargement Of Time

Sare Developers Limited v Airo & another

Sare Developers Limited v Airo & another [2025] KEELC 5089 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2022

Judge

FO Nyagaka

The court found that the application for enlargement of time to file a taxation reference was res judicata. The applicant had previously filed a similar application seeking leave to file a reference out of time, which was determined by the court in a ruling delivered on 23/10/2023. The court had already granted the applicant leave to file the reference within 21 days from the date of that ruling. The present application raised the same substantive issues, and the court held that the matter had been directly and substantially in issue, heard, and finally determined between the same parties. Th…

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• Res Judicata
• Taxation Of Costs
• Enlargement Of Time
• Stay Of Execution

Ahmed v Safari Stationery (K) Limited

Ahmed v Safari Stationery (K) Limited [2025] KEHC 8714 (KLR)

Court

High Court

Case number

Commercial Appeal E012 of 2025

Judge

JWW Mong'are

The court found that the applicants failed to provide a sufficient and credible explanation for the delay in filing the appeal, which exceeded 15 months from the date of the impugned ruling. The applicants, being directors of the defendant in the primary suit, were aware of the proceedings and the adverse orders, having participated in the suit and been duly served. The court held that the applicants were not entitled to the equitable remedy of extension of time, as they had not demonstrated good and sufficient cause for the delay. Consequently, the court declined to consider the requests for…

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• Extension Of Time
• Stay Of Execution
• Appeals From Subordinate Courts
• Enlargement Of Time
• Commercial Debt Enforcement

Wachira v Karimi

Wachira v Karimi [2025] KEHC 8182 (KLR)

Court

High Court

Case number

Civil Appeal E052 of 2024

Judge

EM Muriithi

The court found that although the applicant did not provide a detailed explanation for the delay in filing the appeal, the six-month delay was not unreasonable in the circumstances. The draft memorandum of appeal disclosed arguable issues with a high probability of success. The court further held that the applicant demonstrated the risk of substantial loss if stay was not granted, as execution would result in incarceration, which cannot be compensated by damages. The court exercised its discretion to grant both leave to appeal out of time and stay of execution, conditional upon the applicant…

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• Stay Of Execution
• Leave To Appeal Out Of Time
• Enlargement Of Time
• Security For Decree

Chemnjor & another v George Kirumba Mbiyu t/a Mutonyi, Mbiyu & Co. Advocates

Chemnjor & another v George Kirumba Mbiyu t/a Mutonyi, Mbiyu & Co. Advocates [2025] KEHC 8304 (KLR)

Court

High Court

Case number

Miscellaneous Reference Application E002 of 2024

Judge

RB Ngetich

The court found that the applicants were not properly notified of the delivery of the ruling on taxation due to procedural lapses, including issues with service of the notice of change of advocates and the transfer of the taxing officer. The court accepted the applicants' explanation for the delay, including personal circumstances and lack of notification to their new advocates. The court further held that the adoption of the certificate of costs as a judgment by the deputy registrar was irregular, as such adoption should be done by a judge. Consequently, the court exercised its discretion to…

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• Advocate Client Costs
• Taxation Of Costs
• Enlargement Of Time
• Setting Aside Judgment