Kenya Case Law

Republic v National Land Commission; Five Star Agencies Limited (Exparte Applicant)

Republic v National Land Commission; Five Star Agencies Limited (Exparte Applicant) [2025] KEELC 4313 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 445 of 2014

Judge

OA Angote

The court found that the Ex Parte Applicant had complied with all statutory and procedural requirements for seeking an order of mandamus, including obtaining and serving a Certificate of Order against the Government. The Respondent's argument that the application was fatally defective due to being filed in the main suit was rejected, as the court prioritized substantive justice over procedural technicalities, citing Article 159(2)(d) of the Constitution. The court held that the Chief Executive Officer of the National Land Commission, as accounting officer, is under a statutory duty to pay the…

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• Compulsory Acquisition
• Mandamus Orders
• Government Liability
• Certificate Of Order Against Government
• Interest On Decretal Sum
• Enforcement Of Judgments

Chege v Cool Rivers Hotel Limited

Chege v Cool Rivers Hotel Limited [2025] KEELRC 645 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 304 of 2014

Judge

AN Mwaure

The court should grant a stay of execution and allow installment payments of the decretal sum and require deposit of taxed costs under specific conditions to balance the judgment creditor's right to the fruits of judgment with the judgment debtor's right to challenge disputed costs and manage their financial burden, provided the application is not unreasonably delayed and the debtor demonstrates intention to pay and potential for substantial loss upon immediate execution.

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• Stay Of Execution
• Taxation Of Costs
• Payment By Instalments
• Advocates Remuneration Order
• Interest On Decretal Sum

Osir v Olima

Osir v Olima [2025] KEELC 882 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E004 of 2022

Judge

LC Komingoi

The court dismissed a defendant’s bid to pay a Kshs. 330,000 refund by instalments and the plaintiff’s request to review judgment to add interest.

• Instalment Payment Of Decretal Sum
• Review Of Judgment
• Specific Performance
• Interest On Decretal Sum
• Instalment-payment-of-decretal-sum
• Review-of-judgment

National Media Group Ltd v Muya

National Media Group Ltd v Muya [2025] KEHC 170 (KLR)

Court

High Court

Case number

Civil Appeal E132 of 2021

Judge

HM Nyaga

The High Court has jurisdiction to determine the applicable interest rates and effective dates on the principal sum and costs awarded in a case where the judgment has been varied on appeal, as this issue is not within the purview of the taxing officer and the lower court lacks jurisdiction after the appeal determination. The statutory provisions and judicial precedents dictate a 12% per annum simple interest rate on the principal sum from the date of the lower court judgment until the date the decretal sum was deposited in court, and a 14% per annum interest rate on costs from the date of the…

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• Interest On Decretal Sum
• Interest On Costs
• Jurisdiction Of High Court
• Execution Of Judgments

Kabiru v National Bank of Kenya Limited

Kabiru v National Bank of Kenya Limited [2024] KEELRC 13270 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 595 of 2013

Judge

L Ndolo

The Employment and Labour Relations Court declined to declare further interest payable on an overpaid decretal sum after a successful appeal, holding it lacked jurisdiction to interpret the Court of Appeal’s judgment.

• Unfair Termination
• Compensation Awards
• Interest On Decretal Sum
• Refund Of Overpayment
• Interest-on-decretal-sum
• Refund-of-overpayment

Acorn Properties Ltd v Wanjohi & 2 others

Acorn Properties Ltd v Wanjohi & 2 others [2024] KEHC 14389 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 305 of 2017

Judge

A Mabeya

The court found that while the applicants had previously been granted the benefit of paying the decretal sum by monthly installments, their subsequent default and failure to demonstrate ongoing good faith payments undermined their position. However, considering their advanced age, medical issues, and the fact that their rental income was committed to servicing a substantial loan with KCB, the court exercised its discretion to vary the installment terms in the interests of justice. The court ordered a bullet payment of Kshs 3,000,000/- by 31/12/2024 and monthly installments of Kshs 1,500,000/-…

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• Review Of Court Orders
• Payment By Installments
• Arbitral Award Enforcement
• Interest On Decretal Sum

Njeru v Meru South Farmers Cooperative Soceity Union Limited

Njeru v Meru South Farmers Cooperative Soceity Union Limited [2024] KEELRC 2816 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal 2A of 2024

Judge

ON Makau

The court clarified default interest rates where a judgment is silent: 12% before decree, 6% after decree, and 14% on costs. The appeal was allowed.

• Interest On Decretal Sum
• Interest On Costs
• Default Interest Rates
• Court Discretion On Interest
• Costs Award
• Appeals Procedure

Auto Hauliers (K) Limited v Ministry of Lands and Physical Planning & 4 others

Auto Hauliers (K) Limited v Ministry of Lands and Physical Planning & 4 others [2024] KEELC 7411 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 19 of 2022

Judge

LL Naikuni

The court found that Order 5 of the judgment contained an arithmetical error in the calculation of general damages for loss of use. The award of KES 90,000,000 as 5% of KES 360,000,000 was incorrect, as 5% of that sum is KES 18,000,000. Applying section 99 of the Civil Procedure Act and the slip rule, the court held it has jurisdiction to correct such errors to reflect its true intention. The court clarified that the petitioner is entitled to KES 18,000,000 per year for six years (2017–2022), totaling KES 108,000,000, with interest as previously ordered. The application for rectification was…

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• Rectification Of Judgment
• Compensation For Unlawful Acquisition
• Loss Of Use Damages
• Clerical And Arithmetical Errors
• Constitutional Rights Violation
• Interest On Decretal Sum

Kamau v Waweru

Kamau v Waweru [2024] KEHC 7281 (KLR)

Court

High Court

Case number

Civil Appeal 396 of 2015

Judge

JN Mulwa

The High Court upheld a preliminary objection and dismissed an application to review or vary an earlier appeal judgment, finding the issues were res judicata.

• Res Judicata
• Preliminary Objection
• Interest On Decretal Sum
• Review Of Judgment
• Res-judicata
• Preliminary-objection

Wagechi & another (Suing on their own behalf and as administrators of the Estate of Eunice Wanguthi Ndung’u) v Mungai

Wagechi & another (Suing on their own behalf and as administrators of the Estate of Eunice Wanguthi Ndung’u) v Mungai [2024] KEHC 6520 (KLR)

Court

High Court

Case number

Civil Appeal E017 of 2023

Judge

GL Nzioka

The High Court dismissed an appeal over execution of a decree, holding that failure to serve a draft decree did not alone invalidate execution unless the decree departed from the judgment.

• Decree Extraction
• Execution Of Judgments
• Costs Of Execution
• Interest On Decretal Sum
• Civil-procedure
• Decree-extraction