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Kenya decisions
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TMM (Suing as father and next friend of the Minors TMM & TKM) v FGK [2025] KEHC 10577 (KLR)
The High Court declined interim orders for equal parental contribution to minors’ education costs, remitting the matter to the trial court for reassessment after changed circumstances.
In re Estate of Ogari Simon Nyaundi (Deceased) [2025] KEHC 9660 (KLR)
The High Court allowed interim reasonable provision for dependants of a deceased estate, ordering direct school-fee payments and monthly upkeep before grant confirmation.
Makhanu v Nairobi County Commissioner & 7 others [2025] KEELRC 1868 (KLR)
The court declined an oral application to recuse the judge, finding no bias. It referred the petition to the Presiding Judge for further directions and disposal.
Ustawi Grain Millers Limited v Hema Bakers Limited; Oliech (Objector); Direct ‘O’ Auctioneers (Interested Party) [2025] KEMC 135 (KLR)
The court found that although the application for contempt was unopposed, it was necessary to ensure that the requirements of service and fair hearing were met due to the quasi-criminal nature of contempt proceedings. The court held that personal service on the Interested Party was required to satisfy procedural fairness and the right to be heard. Accordingly, the court issued summons for the Interested Party to attend court physically and defend himself. However, given the urgency and the ongoing exposure of the motor vehicle to damage, the court granted interim orders for the immediate and…
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Malow v Enigma Consultancy [2025] KEHC 6818 (KLR)
The High Court held that the existence of an arbitration clause in the parties' settlement agreement did not oust the jurisdiction of the court. Section 6 of the Arbitration Act requires that, upon application by a party, the court should stay proceedings and refer the matter to arbitration, rather than striking out or dismissing the suit. The respondent did not make a formal application for stay but instead raised a preliminary objection, which is not the correct procedure under the Act. The trial court erred in striking out the suit on the basis of a preliminary objection, as the law contem…
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National Assembly of Kenya v Njiru & 41 others [2025] KECA 494 (KLR)
The Court of Appeal dismissed consolidated applications for stay and conservatory orders pending appeal over a High Court ruling on National Assembly majority status.
Auto Terminal Japan Limited v Nzai & 2 others [2025] KEHC 3304 (KLR)
The High Court granted interim relief stopping implementation of a debarment decision, holding that earlier refusal of ex parte stay did not bar later interim relief.
Auto Terminal Japan Limited v Nzai & 2 others [2025] KEHC 3151 (KLR)
The High Court declined to certify a judicial review application as urgent and refused an ex parte stay, but granted leave to seek review of a debarment decision.
In re Estate of Eliud Murugu Njuguna - (Deceased) [2025] KEHC 1496 (KLR)
The paramount consideration of the best interests of the child, as enshrined in the Constitution and the Children's Act, necessitates the fulfillment of educational needs, which are a fundamental right of the child. Delaying payment of school fees from a solvent estate while the succession cause is pending is not in the best interests of the child beneficiaries.
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Nairobi Plastics Limited v Munialo & another ((Suing as the administrators of the Estate of Karano Omoit - Deceased)) [2025] KEHC 17057 (KLR)
The High Court ordered release of three attached commercial vehicles after finding a valid bank guarantee secured the decretal sum, pending a later ruling.
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