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Kenya decisions
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Chiagra & another v KCA University & 5 others [2025] KEELC 3990 (KLR)
The court allowed an application for leave to file and serve a fresh replying affidavit after the previous one had been struck out for non-compliance.
Stanley & another v Mwongera & 5 others; Rutere & another (Interested Parties) [2025] KEELC 3801 (KLR)
The Environment and Land Court at Meru adjourned the matter, allowed oral canvassing of an application on a later date, and ordered costs against the 2nd and 3rd defendants.
Ngugi v Kamau &123 others [2025] KEELC 3372 (KLR)
The court held that the right to counsel of choice is constitutionally protected and cannot be impeded by fee disputes between a litigant and their former advocate. Order 9 Rule 9 of the Civil Procedure Rules, 2010 prescribes the procedure for change of advocates post-judgment, but does not require settlement of fees as a precondition. The outgoing advocate's remedy for unpaid fees lies in taxation of the bill of costs, not in objecting to the change of advocates. The court found the applicant had complied with the procedural requirements and that the former advocates had already initiated ta…
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Museto Women Group (Suing through its officials) Sarah Njeri Mwangi & 2 others v Ngugi & 3 others [2025] KEELC 1397 (KLR)
The application for review was dismissed because the applicants failed to provide strict proof of the discovery of new and important evidence that was not within their knowledge or could not be produced with due diligence during the original trial, and their claim of the chairperson's incapacitation was not proven.
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Muganga & 156 others v Sherman & 194 others [2025] KEELC 1222 (KLR)
The Environment and Land Court at Malindi dismissed the suit for want of prosecution after finding more than one year had passed without a qualifying step in the case.
Unibee Construction Limited v Lorot & another (Suing as the legal administrator of the Estate of Lomerinyang Chepsien) [2025] KEELC 507 (KLR)
The Environment and Land Court dismissed an application for stay of execution pending appeal, finding no substantial loss, inordinate delay, and no adequate security.
Chesilut v Kipkorir; Lelei (Interested Party); Lelei (Proposed Interested Party) [2025] KEELC 463 (KLR)
The Environment and Land Court at Kapsabet allowed an unopposed application to join Macrina Chelagat Lelei as an interested party in a land dispute.
Chesilut v Kipkorir & another [2025] KEELC 441 (KLR)
The Environment and Land Court allowed counsel for the defendant to cease acting, finding the client had failed to give sufficient instructions and had not opposed the application.
Namukana v Barasa & 4 others [2025] KEELC 337 (KLR)
The court dismissed an application to file an appeal out of time and for stay of execution, finding the six-month delay was not sufficiently explained.
Chege v Attorney General & 8 others [2024] KECA 1529 (KLR)
The Court of Appeal dismissed an unopposed application for leave to adduce additional evidence, finding no adequate explanation for delay or demonstrated impact on the appeal.
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