Kenya Case Law

OMR Medikal Turkish Limited v Asterisk (K) Limited; MSM Medical Equipments Limited (Objector); Icon Auctioneers (Third party)

OMR Medikal Turkish Limited v Asterisk (K) Limited; MSM Medical Equipments Limited (Objector); Icon Auctioneers (Third party) [2025] KEHC 10662 (KLR)

Court

High Court

Case number

Civil Case 104 of 2019

Judge

F Gikonyo

The court found that the applicant had established a credible basis for summoning the respondent’s directors and company secretary for oral examination and production of financial documents, as they are privy to information necessary for execution of the decree. The court held that the company secretary’s resignation after service of the application did not absolve him from being examined on matters arising during his tenure. The court further determined that the applicant had demonstrated sufficient grounds for lifting the corporate veil, given the evidence of possible collusion and asset co…

Source excerpt

• Judgment Enforcement
• Lifting Corporate Veil
• Oral Examination Of Directors
• Execution Proceedings
• Company Liability

Kiamba t/a Oasis Resorts Club & another v Mutuku

Kiamba t/a Oasis Resorts Club & another v Mutuku [2025] KEHC 9216 (KLR)

Court

High Court

Case number

Civil Appeal E190 of 2024

Judge

AN Ongeri

The High Court allowed an appeal in execution proceedings, set aside dismissal of an objection and a refusal to recall witnesses, and remitted the matter.

• Execution Proceedings
• Objector Proceedings
• Recall Of Witnesses
• Functus Officio
• Advocate Negligence
• Ownership Of Attached Property

Trailink Group Limited v Muchendu t/a Icon Auctioneers & another

Trailink Group Limited v Muchendu t/a Icon Auctioneers & another [2025] KEELRC 586 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 2181 of 2014

Judge

B Ongaya

The court dismissed an auctioneer’s bid to set aside orders allowing Trailink’s application, finding valid service, no credible excuse for absence, and no triable issue.

• Costs Taxation
• Setting Aside Orders
• Service Of Process
• Execution Proceedings
• Setting-aside-orders
• Service-of-process

Meduprof-SBV v Odhiambo; African Banking Corporation Ltd & 2 others (Interested Parties)

Meduprof-SBV v Odhiambo; African Banking Corporation Ltd & 2 others (Interested Parties) [2025] KEHC 1781 (KLR)

Court

High Court

Case number

Miscellaneous Application 302 of 2017

Judge

FG Mugambi

The High Court dismissed a bank’s objection, allowed attachment by prohibitory order over the respondent’s shares, but refused to interfere with property already charged to the bank.

• Enforcement Of Foreign Arbitral Awards
• Attachment Of Shares
• Prohibitory Orders
• Priority Of Charges
• Execution Proceedings
• Enforcement-of-arbitral-awards

Machami v Deli Savings & Credit Cooperative Society Ltd

Machami v Deli Savings & Credit Cooperative Society Ltd [2025] KECPT 134 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 416/E204 of 2021

Judges

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

The Tribunal partly allowed a post-judgment enforcement application, permitting oral examination of SACCO officials about assets, but refusing personal liability orders.

• Enforcement Of Decree
• Oral Examination Of Officials
• Cooperative Societies Disputes
• Judgment In Default
• Execution Proceedings
• Enforcement-of-decree

Mutio & another (Suing as Representatives of the Estate of Francis Kyalo Nganda (Deceased)) v Zarn Enterprises System Company Limited

Mutio & another (Suing as Representatives of the Estate of Francis Kyalo Nganda (Deceased)) v Zarn Enterprises System Company Limited [2024] KEHC 16217 (KLR)

Court

High Court

Case number

Civil Appeal E144 of 2023

Judge

FROO Olel

The High Court at Machakos held that a subsisting stay of execution barred sale of the respondent’s lorry, granted an injunction, and declared the attachment void.

• Interlocutory Injunctions
• Stay Of Execution
• Attachment And Sale Of Property
• Default Judgment
• Execution Proceedings
• Civil-procedure

Okeno & Sons Building Contractors v Principal Secretary Ministry of Agriculture, Livestock & Fisheries & another; Guumba Contractors Ltd (Intended Interested Party)

Okeno & Sons Building Contractors v Principal Secretary Ministry of Agriculture, Livestock & Fisheries & another; Guumba Contractors Ltd (Intended Interested Party) [2024] KEHC 15626 (KLR)

Court

High Court

Case number

Judicial Review E010 of 2022

Judge

KW Kiarie

The High Court at Homa Bay declined Guumba Contractors Ltd’s application to be joined as an interested party at the execution stage, with costs to the respondents.

• Joinder Of Parties
• Execution Proceedings
• Interested Party Status
• Joinder-of-parties
• Execution-proceedings
• Interested-party-status

Vaghela t/a Shiv Bookshop v Kassam

Vaghela t/a Shiv Bookshop v Kassam [2024] KEELC 6779 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 20 of 2023

Judge

EC Cherono

The Environment and Land Court dismissed an appeal challenging a preliminary objection on change of advocates after judgment, holding the defect was procedural and not fatal.

• Change Of Advocate
• Order 9 Rule 9
• Rent Restriction Tribunal Awards
• Execution Proceedings
• Procedural Irregularities
• Change-of-advocate

Raiya Construction Limited v Sun Sand Dunes Limited; Kukadia (Objector)

Raiya Construction Limited v Sun Sand Dunes Limited; Kukadia (Objector) [2024] KEHC 9355 (KLR)

Court

High Court

Case number

Civil Suit 179 of 2012

Judge

SM Githinji

The High Court at Malindi set aside a certificate of taxation and related execution steps because the underlying judgment ordered each party to bear its own costs.

• Taxation Of Costs
• Setting Aside Certificate Of Taxation
• Execution Proceedings
• Objector Proceedings
• Taxation-of-costs
• Certificate-of-taxation

Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU) v Cabinet Secretary, Ministry of Labour & Social Protection

Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU) v Cabinet Secretary, Ministry of Labour & Social Protection [2024] KEELRC 2110 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E191 of 2021

Judge

AN Mwaure

The court adopted a return-to-work formula as an order, directed payment of arrears within 30 days, and allowed execution if unpaid after 60 days.

• Return To Work Formula
• Arrears Payment
• Consent Orders
• Execution Proceedings
• Return-to-work-formula
• Arrears-payment