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The Court of Appeal dismissed an application to amend the record of appeal, finding it was a reactive and vague attempt that amounted to abuse of process.
The High Court allowed amendments to the succession petition, corrected the beneficiary and asset schedule, and issued an amended certificate of confirmation of grant.
The Tribunal dismissed an application to set aside a dismissal for want of prosecution and reinstate a co-operative debt claim, finding the delay inexcusable.
The appeal succeeded and the magistrate’s refusal to reopen the case was set aside, allowing the appellants to file and produce bank statements on terms protecting the respondents.
The Tribunal reinstated the claimant’s motion after accepting that a CTS system malfunction caused non-attendance, and set aside the dismissal with no costs.
Kitsao v Kiguru (Civil Case E1558 of 2022) [2026] KEMC 786 (KLR) (27 August 2026) (Ruling)
The court found sufficient cause to reopen the defence case because the defendant moved promptly after closure, the lost evidence was material, and there was a pending third-party issue plus a related suit arising from the same accident; the plaintiff’s prejudice could be managed by strict directions and costs. However, the court refused a de novo trial, declined to decide the third-party application on its merits, and declined to directly transfer the matter to a named magistrate, instead directing administrative and procedural handling before any consolidation question is taken up.
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Barasa (Suing as the Legal Representative of the Estate the Late Robert Wakhungu - Deceased) v Gamba aka William Gamsa Obed & another (Civil Case 116 of 2017) [2026] KEMC 549 (KLR) (20 August 2026) (Ruling)
The court found that the applicant had not fully satisfied the usual requirements for instalment relief, but because he relied on his insurer to satisfy the decree, the court exercised discretion under Order 21 Rule 2 to balance the parties' interests. The applicant's proposed monthly instalment of Kshs. 150,000 was considered too low and unduly prejudicial to the decree-holder given the age of the matter, so the court imposed a substantial upfront payment followed by monthly instalments.
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Njuguna & another v Njuguna (Environment and Land Case E001 of 2025) [2026] KEELC 5291 (KLR) (14 August 2026) (Ruling)
Although the Applicants had not been entirely diligent, they moved the court promptly after dismissal and the dismissal order is discretionary. Given the short delay, the interests of substantive justice, and the absence of a substantive response from the Respondent, the court exercised discretion to set aside the dismissal and reinstate the suit; however, no costs were awarded.
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Apollo Muinde & Partners Advocates v National Land Commission (Miscellaneous Application E005 of 2023) [2026] KEELC 5335 (KLR) (12 August 2026) (Ruling)
The applicant failed to justify the four-month delay and therefore did not satisfy the threshold for the court’s equitable discretion to enlarge time or grant leave to appeal. The court also found that the intended appeal lacked arguability because the court had discretion, after finding error in principle in the taxation reference, to re-tax the bill itself where justice required. The application was dismissed with costs.
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Ongono v Transmara Sugar Co.Ltd (Civil Appeal E110 of 2025) [2026] KEHC 12828 (KLR) (6 August 2026) (Judgment)
Although the appellant’s explanation for non-attendance and lack of prosecution since 2018 was weak, the trial court record showed both parties were represented, and the respondent did not oppose the adjournment. In the interests of justice and to afford the appellant a second chance, the appellate court exercised its discretion to set aside the dismissal and reinstate the suit for hearing on the merits before another judicial officer.
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