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Kivumbu (Suing as the Administrator of the Estate of Kivumbu Ndiwa - Deceased) v Mwau [2025] KEELC 5154 (KLR)
The Environment and Land Court granted stay of execution and stay of proceedings pending appeal, finding the delay explained and the risk of substantial loss shown.
Balala & another v Balala & another; Al-Beity (Interested Party) [2025] KEHC 10554 (KLR)
The court found that the preliminary objection did not raise a pure point of law as it required the ascertainment of facts and the exercise of judicial discretion. The orders appealed against were interlocutory, not interim, and thus not barred from appeal by Rule 112(6) of the Kadhis' Courts (Procedure and Practice) Rules, 2020. The court held that Rule 86 is permissive and does not require leave to appeal from the Kadhi's Court to the High Court. The Civil Procedure Rules only apply to Kadhi's Court matters where there is a lacuna, which was not the case here. The court further found that t…
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In re Estate of Julius Cheruiyot Ngeno alias Julius Arap Ngeno (Deceased) [2025] KEHC 9493 (KLR)
The court found that both the applicant and the 1st respondent were appointed as joint administrators by a prior unchallenged ruling and grant. The 1st respondent did not deny his co-administrator status nor object to the opening of a joint bank account for estate proceeds, only objecting to third-party management. The court held that the duties of administrators under section 83 of the Law of Succession Act require joint action, including gathering estate assets, preserving them, and providing full and accurate accounts. The court emphasized that joint administrators must act together for th…
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Kiarie v Toyianka; Parsere & another (Interested Parties) (Suing as Administrators of the Estate of Peter Parsere Saire - Deceased) [2025] KEELC 4937 (KLR)
The court found that the plaintiff had established a prima facie case for injunctive relief, having purchased the suit property for value and subdivided it for commercial purposes. The existence of a related pending suit (ELC E025 of 2024) involving the same parties and subject matter necessitated preservation of the status quo. The court held that to prevent further prejudice and irreparable harm, it was necessary to grant orders restraining the defendant from interfering with the suit properties and to register inhibition against both the land parcels and the motor vehicle forming part of t…
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In re Sarah Wanjiku Karisho [2025] KEHC 9772 (KLR)
The High Court at Eldoret dismissed an application to release a judgment debtor from civil jail, holding that a mere intention to file insolvency proceedings was insufficient.
Kibira v Dapalk Consortium Company Limited [2025] KEHC 9088 (KLR)
The High Court found that the trial court had not made a conclusive determination on the contempt application and that most grounds of appeal were premature, as they sought to interfere with the trial court's jurisdiction to determine the matter to finality. The order for cross-examination was within the trial court's discretion to clarify issues necessary for the just determination of the application. There was no evidence that the trial court was biased or improperly assisting the respondent. The appellant would not suffer prejudice by being cross-examined if he had complied with the court'…
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Nanji & 2 others v Exobi (Finance House) Limited [2025] KECA 1119 (KLR)
The Court of Appeal held that the trial court did not err in its exercise of discretion in granting interim and mareva injunctions against the appellants. The court found that, although the trial court unnecessarily addressed the issue of a derivative suit, this did not affect the outcome, as the observation was obiter dictum. The facts, largely uncontested, established that the 1st and 2nd appellants, following the death of a key director, undertook actions including allotting shares to themselves, selling company assets to themselves, and excluding the respondent from management, all withou…
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Bulle v Kipsabul [2025] KEHC 8627 (KLR)
The court found that the applicant had satisfied the requirements for a stay of proceedings pending appeal. There was a pending appeal challenging the conditional setting aside of an interlocutory judgment, specifically the requirement to deposit a substantial decretal sum as a precondition. The court held that if the stay was not granted, execution would issue, rendering the appeal nugatory and defeating the purpose of the appeal. The application was filed promptly, and the circumstances justified a stay to prevent the applicant from being compelled to pay the decretal sum before the appeal…
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Kieti v Givens; Diamond Trust Bank & another (Interested Parties) [2025] KEHC 9094 (KLR)
The High Court at Machakos found the plaintiff in contempt for disobeying vehicle-related orders, declined release of one vehicle, and dismissed his application.
Marumbi v Katamo [2025] KEELC 4553 (KLR)
The court found that, according to Order 51 Rule 11(2) of the Civil Procedure Rules and established case law, costs awarded in interlocutory applications should generally be taxed only at the conclusion of the suit unless the court specifically orders otherwise for special reasons. The rationale is to prevent multiple taxations and references within the same suit, promoting judicial efficiency and minimizing litigation. In this case, the Respondent's bill of costs was prematurely filed and taxed before the conclusion of the main suit, and there was no special order from the court permitting s…
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