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National Social Security Fund Board of Trustees v Micro City Computers Limited [2025] KECA 1313 (KLR)
The Court of Appeal granted certification and leave to appeal to the Supreme Court on issues about special damages, amendment of pleadings, fair hearing, and anticipated profits.
Kiarie v Republic [2025] KEHC 10233 (KLR)
The High Court found that the magistrate's court exceeded its jurisdiction by making findings and recommendations beyond the statutory scope of an inquest, including analysis of evidence, post-mortem reports, and possible charges against the applicant. While the recommendation that the applicant should face trial was upheld, the court determined that specific paragraphs of the magistrate's findings were prejudicial and should be expunged. The court exercised its revisionary powers to partially allow the application, upholding the recommendation for trial but removing the prejudicial portions…
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Vipingo Development Limited & another v Kai & 6 others [2025] KEELC 4705 (KLR)
The court found that the applicants were not served with the contempt application, resulting in a fine imposed without their participation, which violated their right to a fair hearing. The risk of enforcing a punitive fine before the appeal is heard constitutes substantial loss. The application for stay was filed promptly, and the unique circumstances—where the core issue is procedural fairness—rendered the requirement for security inappropriate at this stage. The respondents' failure to oppose or rebut the application further supported granting the stay. Accordingly, the court allowed the a…
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Omondi & another v Attorney General & 2 others; Ethekon & 7 others (Interested Parties) [2025] KEHC 9450 (KLR)
The court held that contempt of court is a grave matter with quasi-criminal consequences, requiring strict adherence to procedural fairness and the right to be heard. The alleged contemnors, including the President and Head of Government Press, were not parties to the proceedings and had not been served with a formal application for contempt. Proceeding against them on the basis of an oral application would violate their constitutional right to a fair hearing under Article 50(1). The court emphasized that, regardless of the seriousness of the alleged disobedience, due process must be observed…
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Insurance Training & Education Trust v Gathondu (As the Administrator of the Estate of the Late Thumbi Kariuki Jane Wanjiru Ndumia) & 5 others [2025] KECA 1109 (KLR)
The Court of Appeal held that the application for certification to appeal to the Supreme Court did not meet the threshold established under Article 163(4)(b) of the Constitution and the guiding jurisprudence. The issues raised by the applicant were found to be specific to the facts and circumstances of the case and did not transcend the interests of the parties or raise substantial points of law of general public importance. The Court further found that the applicant's grievances largely challenged the merits of the Court of Appeal's decision, which is not a proper basis for certification. Th…
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Commissioner of Investigations and Enforcement v Muasya t/a Solutions and Westpacks Ventures [2025] KEHC 8376 (KLR)
The High Court set aside a Tax Appeals Tribunal finding on time-barred tax assessments and sent the matter back for hearing because the parties were not heard on the issue.
Barclays Bank of Kenya Limited (Now ABSA Kenya PLC) ((Now ABSA Kenya PLC)) v Commissioner of Domestic Taxes (Large Taxpayer’s Office); Kenya Bankers Association & another (Interested Parties) [2025] KESC 36 (KLR)
The Supreme Court held that while Practice Direction No.17 generally limits written submissions to fifteen pages, the Court retains discretionary power under Sections 3A and 21 of the Supreme Court Act, 2011 to grant leave for expanded submissions where justice so demands. In this case, the Court found that the issues certified for determination were novel and complex, and that the public interest required a full and fair ventilation of arguments. The Court was persuaded that the respondent/applicant would be prejudiced by the strict application of the page limit, potentially infringing its r…
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Angatia v Truck City Limited [2025] KEELRC 1642 (KLR)
The court allowed an appeal against dismissal for want of prosecution, reinstating an employment injury suit after finding no notice to show cause and ignored affidavit evidence.
Rick v Chebet & another [2025] KEELC 4050 (KLR)
The court dismissed an application for the judge’s recusal, finding no substantiated bias and holding that dissatisfaction with prior rulings was insufficient.
Almer Farm Limited v Rono (Sued as the Executrix of the Estate of the Late David Rono) [2025] KECA 871 (KLR)
The Court of Appeal dismissed an application to stay proceedings, holding that while the intended appeal was arguable, the nugatory test was not met.
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