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Fidelity Shield Insurance Co. Ltd v Musoni Microfinance Limited [2025] KEHC 10636 (KLR)
The High Court at Thika dismissed an application to stay proceedings pending appeal, finding no sufficient cause to halt the trial court’s assessment of losses.
Jona v Republic [2025] KEHC 10598 (KLR)
The High Court held that it lacked jurisdiction to review or revise the applicant's sentence because the Court of Appeal had already considered and affirmed both the conviction and the sentence, including the issue of time spent in remand custody. The trial court had expressly stated that it took into account the period spent in remand when imposing the 25-year sentence, and the Court of Appeal confirmed this finding, dismissing the applicant's argument to the contrary. As a result, the sentence became that of the Court of Appeal, and the High Court was functus officio and precluded from revi…
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Margeti v Republic [2025] KEHC 10436 (KLR)
The High Court at Kibera dismissed a sentence review application, holding it lacked jurisdiction because the matter had already been determined on appeal.
Republic v Law Society of Kenya Compliance Department & another; Rabala (Ex parte Applicant) [2025] KEHC 10338 (KLR)
The court found that the 2025 deactivation of the applicant's LSK portal constitutes a new or continuing cause of action, distinct from the 2024 deactivation previously litigated and currently under appeal. The doctrines of res judicata and functus officio do not apply because the subject matter and cause of action are not identical; the 2025 portal activation is a separate administrative act affecting the applicant's rights for a new period. The preliminary objection raised by the respondents requires factual inquiry and analysis, which is not permissible at the preliminary stage. Therefore,…
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Ochoro v Republic [2025] KEHC 10221 (KLR)
The High Court lacks jurisdiction to review or alter a sentence that has already been the subject of an appeal and determination by a judge of concurrent jurisdiction. Entertaining the application would amount to sitting on appeal over a decision of a peer, which is prohibited by law and the doctrine of functus officio. The applicant's grounds for sentence review were previously raised and conclusively determined in a prior appeal. The only recourse for further challenge lies with the Court of Appeal, not the High Court. Consequently, the application for resentencing is dismissed for want of…
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Kudosi v Republic [2025] KEHC 10346 (KLR)
The High Court at Kajiado struck out a miscellaneous criminal application seeking to revisit sentence, holding it lacked jurisdiction because the matter was functus officio and barred by res judicata.
Tanzania National Roads Agency v Kundan Singh Construction Ltd (In Receivership) & another [2025] KEHC 10555 (KLR)
The court held that it was not functus officio in respect of determining the commercial rate of interest for execution of the decree, as this issue pertained to the execution, discharge, or satisfaction of the judgment and thus fell within the court's jurisdiction under Section 34 of the Civil Procedure Act. The court accepted the objective evidence provided by certified public accountants, based on Central Bank of Kenya rates, to fix the applicable commercial interest rates for each year from 2010 to 2024. However, the court declined to grant leave for execution before taxation of costs, fin…
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Njoroge v Republic [2025] KEHC 10107 (KLR)
The High Court at Thika dismissed and struck out an application seeking review of a 20-year defilement sentence, holding the court was functus officio.
Mohamed v Muhiddin & another [2025] KEELC 5092 (KLR)
The court found that it was functus officio, having already delivered a final judgment and granted a stay of execution order pending appeal. The application to set aside the stay order was not merited because the appeal was still pending before the Court of Appeal, and no sufficient grounds had been established to vacate the stay. The court also determined that the application was not res judicata, as there was no prior application seeking similar orders that had been determined on merit. However, the court emphasized that the proper forum for challenging the stay order was the appellate cour…
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Njoroge & another (Suing as Administrators of the Estate of Njoroge Ngugi) v Haji; Four Quad Residence Limited (Intended Defendant) [2025] KEELC 5084 (KLR)
The court held that while the law permits review of judgments and joinder of parties in certain circumstances, the intended 2nd defendant/applicant failed to demonstrate that it met the threshold for either. The applicant did not provide evidence that the plaintiffs/respondents were aware of its interest or that there was material non-disclosure sufficient to warrant review. The decision to sue rests with the plaintiff, and the applicant, being a stranger to the suit, has no automatic right of joinder post-judgment, especially where the plaintiffs have no claim against it. The court found ind…
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