Kenya Case Law

Kamunya (Suing as the administrator of the Estate of Peter David Kamunya Kiboi (Deceased) v Gichuhi; Registrar Kajiado Land Registry (Interested Party)

Kamunya (Suing as the administrator of the Estate of Peter David Kamunya Kiboi (Deceased) v Gichuhi; Registrar Kajiado Land Registry (Interested Party) [2024] KEELRC 1836 (KLR)

Court

Employment and Labour Relations Court

Case number

Environment & Land Case 640 of 2015

Judge

JA Mogeni

The court dismissed an application seeking production and scrutiny of land titles and acreage measurements, finding it to be an impermissible fishing expedition.

• Discovery Of Documents
• Production Of Evidence
• Land Title Disputes
• Interrogatories
• Pre Trial Procedure
• Land-title-disputes

Kamunya (Suing as the administrator of the Estate of Peter David Kamunya Kiboi (Deceased) v Gichuhi; Registrar Kajiado Land Registry (Interested Party)

Kamunya (Suing as the administrator of the Estate of Peter David Kamunya Kiboi (Deceased) v Gichuhi; Registrar Kajiado Land Registry (Interested Party) [2024] KEELC 6206 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 640 of 2015

Judge

JA Mogeni

The court found that the defendant/applicant's request for production of land titles and measurements was not merited. The application amounted to a fishing expedition, as the applicant had not demonstrated any effort to obtain the information from the relevant government offices, nor had he shown any refusal or difficulty in accessing the documents. The court emphasized that discovery and interrogatories are not to be used to search for evidence in the hope of finding flaws in the opponent's case. The court further held that Order 3 Rule 2 of the Civil Procedure Rules does not grant the powe…

Source excerpt

• Discovery Of Documents
• Production Of Evidence
• Land Title Disputes
• Interrogatories
• Pre Trial Procedure

Lakeview Development Limited v Belgo Holdings Limited & another

Lakeview Development Limited v Belgo Holdings Limited & another [2023] KEELC 19199 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E064 of 2020

Judge

JO Mboya

The court found that the plaintiff's affidavit in response to the interrogatories, though dated before the interrogatories were issued, was not invalidated by this fact under Order 19 Rule 8 of the Civil Procedure Rules. The court further held that the affidavit, having been sworn in Israel (outside the commonwealth), was properly authenticated by a notary public through a document bearing the notary's signature and seal, thus complying with Section 88 of the Evidence Act. The court emphasized that compliance with the court's order was achieved as the affidavit was filed and served within the…

Source excerpt

• Interrogatories
• Affidavit Authentication
• Compliance With Court Orders
• Striking Out Pleadings

LSG Lufthansa Services Europa/Afrika Gmbh & another v Mwangi (Practising in the name and Style of Muturi Mwangi & Associates Advocates)

LSG Lufthansa Services Europa/Afrika Gmbh & another v Mwangi (Practising in the name and Style of Muturi Mwangi & Associates Advocates) [2022] KECA 834 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 274 of 2016

Judges

RN Nambuye, W Karanja, MA Warsame

The Court of Appeal held that the High Court erred in compelling specific non-party individuals (Mr. Lyimo and Mr. Diebold) to answer interrogatories when the court's orders did not expressly require such specificity. The proper procedure, as per the former Order X of the Civil Procedure Rules, required the party seeking interrogatories to apply for leave to serve them on specific officers of a corporation. In the absence of such an order, it was for the corporate party to select an appropriate officer to respond. The appellants complied with the court's orders by providing answers and object…

Source excerpt

• Interrogatories
• Corporate Parties
• Discovery Process
• Court Orders Compliance

LSG Lufthansa Service Europa/Afrika GmBH & LSG Sky Chefs Kenya Limited v Eliab Muturi Mwangi (Practicing in the name and style of Muturi Mwangi & Associates Advocates)

LSG Lufthansa Service Europa/Afrika GmBH & LSG Sky Chefs Kenya Limited v Eliab Muturi Mwangi (Practicing in the name and style of Muturi Mwangi & Associates Advocates) [2019] KECA 932 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 274 of 2016

Judge

S ole Kantai

The court found that the applicants provided a reasonable explanation for the delay in filing the record of appeal, attributing it to a genuine mistake by their advocate regarding the necessity of the certificate of delay. The delay, being less than 30 days beyond the prescribed period, was not inordinate or unreasonable. The court accepted the explanation for the administrative mix-up in dates and noted that both parties had filed appeals and consented to a stay in the High Court, with the applicants having met the conditions for stay. The respondent would not suffer prejudice if the extensi…

Source excerpt

• Extension Of Time
• Appeals Process
• Certificate Of Delay
• Interrogatories
• Discretionary Powers
• Prejudice To Parties

LSG Lufthansa Service Europa/Afrika GmBH & LSG Sky Chefs Kenya Limited v Eliab Muturi Mwangi Practicing in the name and style of Muturi Mwangi & Associates Advocates

LSG Lufthansa Service Europa/Afrika GmBH & LSG Sky Chefs Kenya Limited v Eliab Muturi Mwangi Practicing in the name and style of Muturi Mwangi & Associates Advocates [2019] KECA 14 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 274 of 2016

Judge

S ole Kantai

The court found that the applicants had provided a reasonable explanation for the delay in filing the record of appeal, attributing it to a genuine mistake by their advocate regarding the necessity of the certificate of delay. The delay, being less than 30 days beyond the prescribed period, was not considered inordinate or unreasonable. The court accepted the explanation for the administrative mix-up in the dates and noted that the respondent would not suffer prejudice if the extension was granted, as both parties had filed appeals and the applicants had complied with conditions for stay, inc…

Source excerpt

• Extension Of Time
• Appeals Process
• Certificate Of Delay
• Interrogatories
• Procedural Noncompliance

Rift Valley Products Limited v Plexus Cotton Limited

Rift Valley Products Limited v Plexus Cotton Limited [2018] KEHC 5579 (KLR)

Court

High Court

Case number

Commercial Suit 16 of 2006

Judge

CA Otieno

The High Court set aside orders requiring interrogatories, holding they could not replace cross-examination and reinstated directions for witness attendance.

• Interrogatories Procedure
• Cross Examination Rights
• Case Management Orders
• Witness Attendance
• Judicial Discretion
• Interrogatories

Butali Sugar Mills Limited v West Kenya Sugar Company Limited & Kenya Sugar Board

Butali Sugar Mills Limited v West Kenya Sugar Company Limited & Kenya Sugar Board [2017] KEHC 10098 (KLR)

Court

High Court

Case number

Civil Suit 168 of 2007

Judge

OA Sewe

The High Court struck out interrogatories served by the 1st defendant because they were filed before case management directions and were therefore premature.

• Interrogatories
• Case Management
• Practice Directions
• Commercial Division Procedure
• Case-management
• Commercial-procedure

Anne Mumbi Waiguru v Raila Amollo Odinga

Anne Mumbi Waiguru v Raila Amollo Odinga [2017] KEHC 1237 (KLR)

Court

High Court

Case number

Civil Suit 338 of 2015

Judge

JK Sergon

The High Court dismissed an application to strike out the plaint, holding that the plaintiff had responded to interrogatories by raising reasonsed objections.

• Interrogatories
• Discovery Of Documents
• Striking Out Pleadings
• Discovery
• Striking-out-pleadings
• Civil-procedure

Mohammed Jama Abdi v Jimmy Nyagaka,Rhoda Onyancha,James Gachoki,Attorney General & Abigael Muhonja

Mohammed Jama Abdi v Jimmy Nyagaka,Rhoda Onyancha,James Gachoki,Attorney General & Abigael Muhonja [2017] KEELC 3328 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 153 A of 2012

The court held that the plaintiff’s questions were not proper interrogatories but a fishing expedition, and directed the parties to set the matter down for hearing.

• Interrogatories
• Pretrial Discovery
• Cross Examination
• Case Management
• Civil-procedure
• Pretrial-discovery