Kenya Case Law

Sewe v Ogutu

Sewe v Ogutu [2025] KEELC 5380 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E022 of 2022

Judge

AE Dena

The court found that there was significant doubt as to whether the defendant was properly served with the originating summons and other court documents, as required by law and the court's own directions. The affidavits of service did not conclusively establish that service was effected on the defendant's last known or used telephone number, nor was there confirmation from the service provider that the number belonged to the defendant. The court emphasized that personal service is the preferred mode, and in its absence, the right to be heard was compromised. Even if the judgment was regular, t…

Source excerpt

• Service Of Process
• Ex Parte Judgment
• Setting Aside Judgment
• Adverse Possession
• Res Judicata
• Eviction Orders

Lainisha Sacco Society Ltd v Muthee

Lainisha Sacco Society Ltd v Muthee [2025] KECPT 374 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 656A of 2019

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal set aside an ex parte judgment after doubting service, allowed the respondent to file a defence out of time, and awarded throw away costs.

• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Loan Recovery
• Leave To Defend
• Throw Away Costs

Wambua Kilonzo & Company Advocates v Trident Insurance Company Limited; Safaricom Limited (Garnishee)

Wambua Kilonzo & Company Advocates v Trident Insurance Company Limited; Safaricom Limited (Garnishee) [2025] KEHC 9517 (KLR)

Court

High Court

Case number

Miscellaneous Application E030 of 2024

Judge

AN Ongeri

The High Court at Voi set aside an ex parte taxation ruling and stayed garnishee proceedings after finding disputed service on the applicant.

• Service Of Process
• Ex Parte Judgment
• Garnishee Proceedings
• Taxation Of Costs
• Service-of-process
• Ex-parte-judgment

Airwave Real Estate Limited v Mwaura & 2 others

Airwave Real Estate Limited v Mwaura & 2 others [2025] KEELC 4916 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E118 of 2024

Judge

JA Mogeni

The court found that the applicant failed to satisfy the requirements for grant of stay of execution pending appeal as set out in Order 42 Rule 6 of the Civil Procedure Rules. Specifically, the applicant did not demonstrate substantial loss that would result if stay was not granted, nor did the applicant provide evidence of third parties who would be affected by execution of the decree. The court was not persuaded that the intended appeal was arguable or that it would be rendered nugatory if stay was denied. The court also noted that the applicant had not fulfilled the conditions of providing…

Source excerpt

• Stay Of Execution
• Appeals Process
• Jurisdiction Of Courts
• Ex Parte Judgment
• Third Party Rights
• Substantial Loss

Newfortis Sacco Society Limited v Gatangi

Newfortis Sacco Society Limited v Gatangi [2025] KECPT 332 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 497 of 2018

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal declined to set aside its earlier dismissal order, finding no sufficient excuse for non-attendance or delay and noting the long pendency of the suit.

• Setting Aside Orders
• Judicial Discretion
• Ex Parte Judgment
• Delay In Prosecution
• Setting-aside-orders
• Judicial-discretion

Githuku & another v Kamaiti (Suing as the Legal Representative of the Estate of David Kimani Karanja - Deceased)

Githuku & another v Kamaiti (Suing as the Legal Representative of the Estate of David Kimani Karanja - Deceased) [2025] KEHC 9238 (KLR)

Court

High Court

Case number

Civil Appeal E029 of 2024

Judge

LN Mutende

High Court granted a conditional stay of execution pending appeal, finding no inordinate delay and sufficient basis for substantial loss and security.

• Stay Of Execution
• Substantial Loss
• Security For Due Performance
• Appeal Rights
• Ex Parte Judgment
• Stay-of-execution

Dawida Holdigns Limited v Maina & 3 others

Dawida Holdigns Limited v Maina & 3 others [2025] KEHC 8860 (KLR)

Court

High Court

Case number

Civil Appeal E007 of 2025

Judge

AN Ongeri

The High Court set aside an ex parte judgment, struck out the appellant from the suit, and vacated a warrant of arrest after finding the wrong entity had been sued.

• Ex Parte Judgment
• Corporate Veil
• Shareholding Disputes
• Joinder Of Parties
• Ex-parte-judgment
• Corporate-veil

Chepngok v Metto & another (Suing as the Administrators of the Late Elizabeth Jepchonge Sirma)

Chepngok v Metto & another (Suing as the Administrators of the Late Elizabeth Jepchonge Sirma) [2025] KEELC 4620 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E014 of 2024

Judge

EM Washe

The appellate court found that there was no evidence the appellant was ever served with summons to enter appearance or pleadings as required by law. The process server's affidavit was deficient, and no summons were extracted or served. This omission was fatal and resulted in the abatement of the respondents' suit after 30 days from filing, depriving the trial court of jurisdiction to proceed or enter judgment. Consequently, the ex-parte proceedings, judgment, and decree were nullities ab initio. The trial court misdirected itself in law and fact by failing to recognize these defects and by di…

Source excerpt

• Service Of Summons
• Ex Parte Judgment
• Setting Aside Judgment
• Jurisdiction Of Trial Court
• Abatement Of Suit

Khamis & another v Mwarome (Sued as the Administrator of the Estate of Masha Dena Kideswe)

Khamis & another v Mwarome (Sued as the Administrator of the Estate of Masha Dena Kideswe) [2025] KEELC 4727 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 41 of 2015

Judge

FM Njoroge

The Environment and Land Court at Malindi dismissed the defendant’s bid to set aside an ex parte judgment, finding the plaintiffs had properly served him, including while he was abroad.

• Service Of Process
• Ex Parte Judgment
• Land Ownership Disputes
• Succession And Administration
• Injunctive Relief
• Service-of-process

Okoiti v Cabinet Secretary, Ministry of Health & 3 others; Kimani & 5 others (Interested Parties)

Okoiti v Cabinet Secretary, Ministry of Health & 3 others; Kimani & 5 others (Interested Parties) [2025] KEHC 8876 (KLR)

Court

High Court

Case number

Petition 562 of 2017

Judge

AB Mwamuye

The court found that the judgment delivered on 22nd October 2020 was regular, as the respondents and interested parties were duly served, entered appearance, and filed responses but failed to file submissions despite being given multiple opportunities. The court held that the functus officio doctrine applied, as there was no clerical error, fraud, or new evidence to justify revisiting the judgment. The applicants' reliance on the COVID-19 pandemic and alleged lack of service was unpersuasive, as procedural directives were issued before the pandemic and virtual court operations were available.…

Source excerpt

• Right To Fair Hearing
• Ex Parte Judgment
• Setting Aside Judgment
• Procedural Fairness
• Judicial Discretion