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Kenya decisions
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Buluma v Buluma & 2 others [2025] KEELC 4887 (KLR)
The court refused to strike out a late defence to a counter-claim, finding the delay caused no shown prejudice. The motion was dismissed with costs to the 1st Defendant.
Bhogal v Mukui [2025] KEHC 10281 (KLR)
The High Court struck out a defence filed out of time without leave, reinstated default judgment, and awarded costs after finding no valid excuse for non-compliance.
Tata Africa Holdings (Kenya) Limited v ACE Africa Limited [2025] KECA 1032 (KLR)
The Court of Appeal upheld the High Court’s decision setting aside an ex parte judgment, finding no basis to interfere with the trial judge’s discretion.
Shiloya v Vintage Africa Ltd t/a Sense of Africa [2025] KEELRC 348 (KLR)
The court declined a request to treat the employment claim as undefended, and admitted the respondent’s late defence and counterclaim on discretion and substantive justice grounds.
Mission for Essential Drugs and Supplies v Kirinyaga County Government & another [2025] KEHC 16719 (KLR)
The court found that the application to strike out the defence was competent despite lacking a supporting affidavit, as Order 2 rule 15(2) of the Civil Procedure Rules prohibits evidence in such applications. Upon examining the pleadings, the court determined that the defence raised triable issues, including the authenticity of the LPOs and whether the goods were supplied. The defendants' partial payment did not conclusively establish the plaintiff's full claim, and the dispute over the amount owed required resolution at trial. The court emphasized that striking out a defence is a drastic rem…
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Sapani v Bank of Africa Kenya Limited [2025] KEHC 1664 (KLR)
A Preliminary Objection lacks a proper legal foundation and is incompetent in the absence of a valid defense on record. Where a defendant fails to file a defence within the prescribed time for a liquidated claim, summary judgment may be entered if there are no triable issues.
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Nyamu v Teachers Service Commission [2024] KEELRC 2409 (KLR)
The Employment and Labour Relations Court declined to strike out the respondent’s defence, finding the claimant had acquiesced by participating in pre-trial proceedings.
Muje t/a Gamunje Limited & another v Mutie [2024] KEHC 11786 (KLR)
The High Court found that the Magistrate failed to exercise discretion judiciously in striking out the appellants' defence solely on the basis of late filing, without considering the reasons for the delay or the merits of the defence. The Magistrate did not provide adequate reasons for the decision and relied on an interlocutory judgment that was not supported by the record. The court emphasized that striking out pleadings is a drastic remedy and should only be applied in clear cases. The absence of an interlocutory judgment and the lack of consideration of the appellants' explanations for de…
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Pariyo v Mc Builders Limited [2024] KEELRC 1126 (KLR)
The court declined to reopen an employment petition, finding the respondent had no valid response on record and its advocates were not properly on record.
Wachira v Safaricom Company Limited [2024] KEHC 4077 (KLR)
The High Court at Eldoret allowed a late defence and witness statement to be deemed properly filed and served, finding the delay explained and non-prejudicial.
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