Kenya Case Law

Teachers Service Commission v Macharia

Teachers Service Commission v Macharia [2025] KEELRC 2152 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E345 of 2024

Judge

JW Keli

The Employment and Labour Relations Court held that section 90 of the Employment Act (now section 89) imposes a strict three-year limitation period for employment-related claims, with no statutory provision for extension. The trial court erred in granting leave to file suit out of time, as the law does not permit enlargement of time for contractual claims under the Employment Act. The respondent's medical condition and reliance on sections 27 and 28 of the Limitation of Actions Act were insufficient, as those provisions do not apply to employment contracts. The court further found that limita…

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• Limitation Of Actions
• Extension Of Time
• Employment Contracts
• Jurisdiction Of Court

Wanjiku & Wanjikun Associates v Mutua & 3 others (As Administrators of the Estate of Fredrick Mutua)

Wanjiku & Wanjikun Associates v Mutua & 3 others (As Administrators of the Estate of Fredrick Mutua) [2025] KEHC 10620 (KLR)

Court

High Court

Case number

Family Miscellaneous Application E040 of 2024

Judge

G Mutai

The High Court dismissed a preliminary objection in an advocate-client costs taxation dispute, holding the taxing officer properly referred a jurisdictional issue to the judge.

• Taxation Of Costs
• Jurisdiction Of Court
• Advocate Client Fee Agreements
• Advocate-client-costs
• Taxation-of-costs
• Jurisdiction

Kabiruri v Namanga Forex Bureau Limited

Kabiruri v Namanga Forex Bureau Limited [2025] KEELRC 2134 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E1061 of 2024

Judge

AK Nzei

The court held that the preliminary objection raised by the Respondent was not properly founded, as it was based on a disputed fact—the amount of the Claimant's salary—which could only be determined through evidence at trial. A preliminary objection must be based on a pure point of law, not on contested facts. Furthermore, the court reaffirmed that the Employment and Labour Relations Court retains exclusive and unlimited jurisdiction over employment and labour relations matters, unless expressly divested by statute. The delegated jurisdiction to Magistrates' Courts for certain employment disp…

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• Jurisdiction Of Court
• Preliminary Objection
• Salary Dispute
• Exclusive Jurisdiction
• Magistrates Court Powers

Musungu v Spreadmarketing Consulting Agency Limited

Musungu v Spreadmarketing Consulting Agency Limited [2025] KEELRC 2108 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E020 of 2025

Judge

AN Mwaure

The court dismissed a preliminary objection that the employment claim was time-barred, holding the filing dispute involved facts and that the suit was within time.

• Limitation Periods
• Unfair Termination
• Jurisdiction Of Court
• Preliminary Objection
• Statutory Interpretation
• Preliminary-objection

EKB v ECS & 2 others

EKB v ECS & 2 others [2025] KEELC 5352 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 4 of 2023

Judge

LA Omollo

The court found that the cause of action, as pleaded by the Appellant, arose in 1993 when the 1st Respondent allegedly frustrated the transfer of the suit property. The suit was filed in 2021, well beyond the 12-year limitation period prescribed by Section 7 of the Limitation of Actions Act. The Appellant's argument that the cause of action arose in 2014 upon lodging a complaint at the Ministry of Lands was rejected, as the pleadings and prayers in the Plaint clearly indicated the dispute originated in 1993. The trial magistrate was correct in upholding the preliminary objection and striking…

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• Limitation Of Actions
• Recovery Of Land
• Matrimonial Property Rights
• Jurisdiction Of Court

Kenyansa v Chebii

Kenyansa v Chebii [2025] KEELC 5405 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E012 of 2025

Judge

CK Nzili

The court found that the application for stay of execution was filed without unreasonable delay, as the applicant was not notified of the judgment and acted promptly upon learning of it. The applicant demonstrated that she would suffer substantial loss, including eviction from her matrimonial home, if stay was not granted. The court noted that the respondent did not dispute the applicant’s claims regarding the title deed and the risk of irreparable harm. The trial court’s jurisdiction to determine adverse possession was also questioned, further supporting the arguability of the appeal. Given…

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• Stay Of Execution
• Adverse Possession
• Matrimonial Property
• Jurisdiction Of Court

Kiilu v Republic

Kiilu v Republic [2025] KEHC 10345 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E045 of 2024

Judge

CW Meoli

The High Court struck out a resentencing application by a defilement convict, holding that Muruatetu does not apply to Section 8 Sexual Offences Act sentences.

• Sentencing Principles
• Sexual Offences Act
• Mandatory Sentences
• Jurisdiction Of Court
• Criminal-sentencing
• Sexual-offences-act

Gekara v Gekara & 3 others

Gekara v Gekara & 3 others [2025] KEELC 5224 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 97 of 2021

Judge

DO Ohungo

The court struck out a motion to let the applicant testify, holding it was res judicata because a prior ruling had already rejected reopening the defence case.

• Res Judicata
• Consolidation Of Suits
• Substitution Of Parties
• Jurisdiction Of Court
• Res-judicata
• Civil-procedure

Cementers Limited v Multichoice Kenya Limited

Cementers Limited v Multichoice Kenya Limited [2025] KEELC 5333 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E174 of 2023

Judge

JA Mogeni

The court found that the dispute between the parties arose from a construction contract and not from issues relating to the use, occupation, or title to land. Applying the predominant purpose test, the court determined that the contract was for construction and not for the sale or use of land. The Environment and Land Court's jurisdiction is limited to land-related matters as set out in Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. Since the dispute is commercial in nature and is already subject to ongoing arbitration proceedings, the Environment and…

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• Jurisdiction Of Court
• Preliminary Objection
• Arbitration Clauses
• Construction Contracts
• Land Related Jurisdiction

Sirgoi Holdings Limited & another v Sitienei

Sirgoi Holdings Limited & another v Sitienei [2025] KECA 1287 (KLR)

Court

Court of Appeal

Case number

Civil Application E188 of 2024

Judge

P Nyamweya

The Court of Appeal struck out an application for extension of time and stay as incompetent, holding it cited wrong and repealed provisions and sought relief beyond a single judge.

• Extension Of Time
• Stay Of Execution
• Jurisdiction Of Court
• Application Of Wrong Law
• Overriding Objective Principle
• Extension-of-time