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Kenya decisions
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Simiyu v Mukenya & 3 others [2025] KEELC 4930 (KLR)
The plaintiff withdrew a land dispute after several adjournments. The court ordered him to pay the respondents’ costs, with interest from 12 March 2025.
Baru & another (Suing as the Personal Representatives of the Estate of George Muriithi Gitahi) v Gitahi & 3 others [2025] KEELC 3405 (KLR)
The court held that Section 18 of the Civil Procedure Act does not permit the transfer of a suit from a subordinate court to the High Court or Environment and Land Court where the subordinate court lacks jurisdiction. The rationale is that a suit filed in a court without jurisdiction is incompetent and cannot be sanctified by transfer; there is no valid suit to transfer. The application before the court was prompted by a preliminary objection on jurisdiction in the subordinate court, and the applicants sought to pre-empt that ruling. The court emphasized that lack of jurisdiction cannot be th…
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Republic v Njoka & another [2025] KEELC 838 (KLR)
The Environment and Land Court at Nakuru dismissed an application seeking the recusal of Justice Ombwayo, finding no factual basis for reasonable apprehension of bias.
Ogembo & another v Shah & 3 others [2024] KEELC 6718 (KLR)
The court found that the suit land belonged to the deceased at the material time, as evidenced by court orders reverting the land to his estate and the lack of any valid transfer or confirmed Grant authorizing its sale. The transfer of the land to the 1st Defendant was fraudulent and did not convey good title, as the Plaintiffs and Maurice Otieno Ogembo lacked capacity to sell the land without a confirmed Grant. The process leading to the 1st Defendant's registration was not explained or supported by authentic documentation, and the root of his title was defective. The charge in favour of the…
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Nampaso (Suing as a Personal Representative of the Estate of Charles Kapolonto, Deceased) v Gilisho & 8 others [2024] KEELC 1473 (KLR)
The court dismissed an application to extend time for appeal and to preserve land parcels, finding the delay unexplained and the request for injunction unmerited.
Lusambo (Suing on Behalf and on Behalf of the Estate of Jamila Mpemba Alias Jeanette Von Rohr) v Mpemba & another [2023] KEELC 21849 (KLR)
The Environment and Land Court at Malindi dismissed an application for temporary injunction after the applicant failed to comply with prior court directions on service and submissions.
Oyugi & 2 others v Cheptarus; Oyugi & another (Third party) [2023] KEELC 737 (KLR)
The Environment and Land Court set aside a dismissal for non-attendance and reinstated the plaintiffs’ suit after accepting their explanation for failing to log in.
Majiwa v Otieno [2023] KECA 92 (KLR)
The court found that the applicant failed to provide a satisfactory and detailed explanation for the prolonged delay of over two years in filing the record of appeal. Merely blaming the previous advocates for inaction without specifying the steps taken or the timing of inquiries was insufficient. The applicant did not demonstrate diligence in pursuing the appeal or in remedying the delay, even after instructing new advocates. The court emphasized that the discretion to extend time must be exercised judicially and that the applicant bears the burden of providing sufficient material to justify…
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In re Estate of Eutychus Wanyoike Njau (Deceased) [2021] KEHC 13527 (KLR)
The High Court reviewed earlier succession orders and allowed the surviving administrators to open a joint account for rent from disputed property, with costs against the respondent.
Florence Muthoni v Jane Nyambura Thuo [2021] KEBPRT 440 (KLR)
The tribunal found that it had no jurisdiction to grant a stay of execution of its own orders under Cap. 301, Laws of Kenya, as interpreted in the NATIONAL DRYCLEANERS LTD & ANOTHER –VS- NDUNE (1987) eKLR decision. Furthermore, the applicant failed to demonstrate that any orders capable of execution existed or that a pending appeal had been filed. The applicant also did not establish the grounds required under Order 42 Rule 6 of the Civil Procedure Rules for the grant of stay. Consequently, the application for stay of execution was dismissed for lack of merit and jurisdiction.
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