Kenya Case Law

Stanbic Bank Kenya Limited v Bank of South Sudan & another

Stanbic Bank Kenya Limited v Bank of South Sudan & another [2025] KECA 495 (KLR)

Court

Court of Appeal

Case number

Civil Application E592 of 2024

Judges

M Ngugi, P Nyamweya, WK Korir

The intended appeal was found to be arguable due to allegations of errors in applying recusal principles and misrepresentation of facts by the trial judge. However, the application for stay was dismissed because the appellant failed to demonstrate that the intended appeal would be rendered nugatory if a stay was not granted, as potential remedies like a rehearing or award of costs and damages are available.

Source excerpt

• Stay Of Proceedings
• Recusal Of Judge
• Right To Fair Hearing
• Expeditious Trial
• Appeals Process

Odhiambo v Onyango; Anyande & 9 others (Interested Parties)

Odhiambo v Onyango; Anyande & 9 others (Interested Parties) [2025] KEELC 625 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 139 of 2013

Judge

BN Olao

The court dismissed an application to stay its orders and proceedings pending appeal, finding no substantial loss was shown and emphasizing expeditious trial.

• Stay Of Proceedings
• Joinder Of Parties
• Appeals Process
• Expeditious Trial
• Stay-of-proceedings
• Stay-pending-appeal

Samo Security Limited & another v SBM Bank Kenya Limited (Formerly Chase Bank Kenya Limited)

Samo Security Limited & another v SBM Bank Kenya Limited (Formerly Chase Bank Kenya Limited) [2025] KEHC 4356 (KLR)

Court

High Court

Case number

Civil Case 244 of 2019

Judge

BK Njoroge

The High Court dismissed a bank’s application to strike out a suit for want of prosecution, finding the delay not sufficient to deny a hearing and directing the case be fast-tracked.

• Dismissal For Want Of Prosecution
• Case Management
• Delay In Prosecution
• Expeditious Trial
• Dismissal-for-want-of-prosecution
• Civil-procedure

Njogu v Mburu & another

Njogu v Mburu & another [2025] KEELC 481 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E060 of 2024

Judge

MAO Odeny

The Environment and Land Court at Nakuru dismissed an application for stay of proceedings pending appeal, holding the applicant had not met the high threshold for that remedy.

• Stay Of Proceedings
• Supplementary Documents
• Judicial Discretion
• Expeditious Trial
• Stay-of-proceedings
• Civil-procedure

Ford v Fadhil & 2 others

Ford v Fadhil & 2 others [2025] KEHC 16924 (KLR)

Court

High Court

Case number

Commercial Suit 121 of 2008

Judge

JK Ng'arng'ar

The court found that the applicant failed to demonstrate substantial loss or prejudice that would result if stay of proceedings was not granted. The application was filed seven months after the ruling, which constituted unreasonable and inordinate delay. The applicant did not provide security for the claimed amount or specify the nature of security for due performance. The court emphasized that the matter had already experienced significant delays, including protracted and unsatisfactory arbitral proceedings, and that further delay would not serve the interests of justice. The court concluded…

Source excerpt

• Stay Of Proceedings
• Arbitration Referral
• Judicial Discretion
• Expeditious Trial

Ford v Fadhil & 2 others

Ford v Fadhil & 2 others [2025] KEHC 1908 (KLR)

Court

High Court

Case number

Commercial Suit 121 of 2008

Judge

JK Ng'arng'ar

A stay of proceedings pending appeal was not merited because the Applicant failed to satisfy the high and stringent test for granting such relief, and granting the stay would amount to further undue delay in an already protracted matter, which would not serve the interest of justice.

Source excerpt

• Stay Of Proceedings
• Arbitration Referral
• Judicial Discretion
• Expeditious Trial

Alukwe v My Branded Gear Limited

Alukwe v My Branded Gear Limited [2025] KEELRC 5 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 542 of 2018

Judge

L Ndolo

The Claimant's prolonged failure to attend court hearings and prosecute the claim, coupled with the lack of response to the dismissal application, indicates a loss of interest in the suit, justifying dismissal for want of prosecution.

Source excerpt

• Dismissal For Want Of Prosecution
• Delay In Prosecution
• Court Discretion
• Expeditious Trial

Kaiganaine v Wanderi & 2 others (Sued as the Administrators of the Estate of Walter Maitai Mathenge)

Kaiganaine v Wanderi & 2 others (Sued as the Administrators of the Estate of Walter Maitai Mathenge) [2024] KEELC 13975 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E022 of 2021

Judge

JO Olola

The court found that the 1st Defendant had not provided sufficient grounds to warrant the exercise of judicial discretion in his favour for a stay of proceedings. The record showed a pattern of indolence by the 1st Defendant, including failure to file pleadings despite extensions and absence during trial dates. No proper reasons were given for these failures. The court held that the principles governing stay of proceedings require a high threshold, which was not met in this case. Consequently, the application for stay was dismissed as lacking merit.

Source excerpt

• Stay Of Proceedings
• Judicial Discretion
• Right To Fair Trial
• Expeditious Trial

Son Hardware Limited v Development Bank of Kenya Limited & another

Son Hardware Limited v Development Bank of Kenya Limited & another [2024] KEELC 4415 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 10 of 2021

Judge

MN Gicheru

The court applied the objective test for reasonable apprehension of bias and found that the plaintiff failed to meet the threshold. The judge analyzed each complaint and determined that the actions taken were either in accordance with the law or justified by the circumstances. The court noted that the plaintiff had not formally applied for redress where required, mischaracterized certain events, and failed to appreciate the court's jurisdictional limits. The judge further observed that the plaintiff was more focused on filing interlocutory applications than prosecuting the main suit, which co…

Source excerpt

• Judicial Bias
• Recusal Of Judge
• Interlocutory Applications
• Expeditious Trial
• Joinder Of Parties

Mulongo v Nzai

Mulongo v Nzai [2024] KEELC 313 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 187 of 2013

Judge

NA Matheka

The court found that both the plaintiff and his advocate demonstrated inexcusable laxity in prosecuting the case, not only on the material date but on other occasions as well. The court emphasized that it is the duty of the plaintiff, not just his advocate, to ensure the case proceeds expeditiously. The mistake or inadvertence of counsel does not constitute sufficient cause to set aside the dismissal, as the plaintiff must remain vigilant and actively pursue the prosecution of his case. The court held that the application was unmerited, as the plaintiff failed to demonstrate sufficient cause…

Source excerpt

• Setting Aside Dismissal
• Reinstatement Of Suit
• Inadvertence Of Counsel
• Duty Of Litigant
• Expeditious Trial