Kenya Case Law

Sirikwa Squatters Group v Commissioner of Lands & 9 others

Sirikwa Squatters Group v Commissioner of Lands & 9 others [2025] KEELC 4308 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 4 of 2016

Judge

CK Yano

The Environment and Land Court lacks jurisdiction to interpret or revisit its own judgment and review ruling where both have been set aside in their entirety by the Supreme Court. Article 163(7) of the Constitution binds all lower courts to Supreme Court decisions, and any attempt to interpret or give effect to decisions that have been nullified by the apex court would be in excess of jurisdiction and contrary to the doctrine of finality in litigation. Furthermore, the preliminary objection by the 7th Respondent was struck out as it was filed by an advocate not properly on record, having fail…

Source excerpt

• Jurisdiction Of Environment And Land Court
• Effect Of Supreme Court Decisions
• Res Judicata And Issue Estoppel
• Change Of Advocate Post Judgment
• Finality Of Litigation
• Interpretation Of Court Orders

Maina v Cheptepkeny & 4 others

Maina v Cheptepkeny & 4 others [2025] KECA 833 (KLR)

Court

Court of Appeal

Case number

Civil Application E027 of 2024

Judges

JM Mativo, PM Gachoka, GV Odunga

The Court of Appeal dismissed an out-of-time application for leave to appeal and stay of execution in a succession dispute, holding the intended appeal was incompetent.

• Leave To Appeal
• Stay Of Execution
• Succession Proceedings
• Confirmation Of Grant
• Jurisdiction Of Court
• Finality Of Litigation

Gatobu & 2 others v Kiara & another

Gatobu & 2 others v Kiara & another [2025] KECA 575 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E006 of 2022

Judges

JW Lessit, A Ali-Aroni, GV Odunga

The Court of Appeal dismissed an application to review its earlier judgment and stay execution, holding that no exceptional circumstances or alternative-remedy gap was shown.

• Review Of Judgment
• Stay Of Execution
• Succession And Distribution Of Estate
• Finality Of Litigation
• Exceptional Circumstances
• Residual Jurisdiction

In re Estate of Onesmus Kibira Wanjohi (Deceased)

In re Estate of Onesmus Kibira Wanjohi (Deceased) [2025] KEHC 4079 (KLR)

Court

High Court

Case number

Succession Cause 110 of 2002

Judge

DKN Magare

High Court at Nyeri dismissed a request to review a prior succession judgment, holding that the applicant had already appealed and finality barred re-litigation.

• Confirmation Of Grant
• Review Of Judgment
• Finality Of Litigation
• Inheritance Rights
• Succession-cause
• Review-of-judgment

Glymore Enterprises Limited v Pwani Oil Products Limited & another

Glymore Enterprises Limited v Pwani Oil Products Limited & another [2025] KEHC 3516 (KLR)

Court

High Court

Case number

Miscellaneous Application E116 of 2023

Judge

M Thande

A party who has elected to pursue the remedy of review of a judgment is precluded from subsequently seeking to appeal the same judgment, even if the application for review is withdrawn or unsuccessful. A party must choose one remedy, and that choice is binding.

Source excerpt

• Leave To Appeal Out Of Time
• Review Vs Appeal Election
• Finality Of Litigation

Macharia v Macharia

Macharia v Macharia [2025] KEHC 2657 (KLR)

Court

High Court

Case number

Succession Cause 355 of 2008

Judge

M Muya

The High Court at Nyeri dismissed an application to review and reinstate a succession matter, finding no sufficient explanation for years of delay or non-prosecution.

• Reinstatement Of Application
• Dismissal For Want Of Prosecution
• Mistake Of Counsel
• Finality Of Litigation
• Confirmation Of Grant
• Distribution Of Estate

Likizo Homes Housing Cooperative Society & another v Ibrahim; Hassan (Proposed Interested Party)

Likizo Homes Housing Cooperative Society & another v Ibrahim; Hassan (Proposed Interested Party) [2025] KEELC 1026 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 829 of 2017

Judge

MD Mwangi

The court declined to join a proposed interested party in a concluded land dispute and dismissed his requests to review and set aside a consent judgment.

• Joinder Of Parties
• Review Of Consent Judgment
• Injunctive Relief
• Finality Of Litigation
• Joinder-of-parties
• Review-of-consent-judgment

Board of Directors New Victory School & 7 others v Ndegwa; Chief Lands Registrar (Interested Party)

Board of Directors New Victory School & 7 others v Ndegwa; Chief Lands Registrar (Interested Party) [2025] KEELC 699 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 119 of 2019

Judge

CG Mbogo

The court dismissed the defendant’s application to review an earlier ruling and reopen the defence case, finding no sufficient basis for review and that due diligence was lacking.

• Review Of Court Orders
• Admissibility Of Evidence
• Procedural Default
• Witness Statements
• Finality Of Litigation
• Review-of-court-orders

Musau v World Vision Kenya

Musau v World Vision Kenya [2025] KEELRC 295 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E049 of 2023

Judge

Nzioki wa Makau

The court lacks jurisdiction to entertain the Respondent's applications for stay of execution and extension of time because the issues fall within the exclusive jurisdiction of the Court of Appeal, particularly after the previous appeal was struck out, rendering the court functus officio and the matters res judicata.

Source excerpt

• Stay Of Execution
• Extension Of Time
• Functus Officio
• Res Judicata
• Jurisdiction Of Court
• Finality Of Litigation

DWG v Director of Public Prosecution

DWG v Director of Public Prosecution [2024] KEHC 14545 (KLR)

Court

High Court

Case number

Constitutional Petition 8 of 2020

Judge

DO Chepkwony

The court found that the petitioner had exhausted all appellate remedies, satisfying the first limb of Article 50(6) of the Constitution. The principal witness's recantation, corroborated by affidavits from other family members, was deemed new and compelling evidence that was unavailable at the time of trial and could have materially affected the outcome. The court held that, while the doctrine of finality in litigation is important, it cannot override the constitutional right to a fair trial where credible evidence suggests a miscarriage of justice. Accordingly, the court quashed the convict…

Source excerpt

• Right To Fair Trial
• New And Compelling Evidence
• Recantation Of Testimony
• Finality Of Litigation