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Musungu v Spreadmarketing Consulting Agency Limited [2025] KEELRC 2108 (KLR)
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.
Safety Surveyors ltd v Kenindia Insurance Company Limited [2025] KEHC 10451 (KLR)
The High Court held that the statutory thirty-day period for filing an application for review under Section 41(2) of the Small Claims Court Act is mandatory and cannot be extended by the procedural rules. The Appellant's application for review was filed outside this period without seeking leave for extension, and the explanation for delay was neither raised nor canvassed before the trial court. The Rules cannot override the Act, and the rationale for strict timelines is to ensure expeditious resolution of small claims. The appeal, being on a point of law, failed as the application for review…
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Kemboi & 2 others v Land Registrar, Naivasha & 3 others [2025] KEELC 5362 (KLR)
The court found that the applicants' application for leave to apply for judicial review by way of certiorari was time barred, as the impugned decision by the Land Registrar was made on 19th January 2023 and the application was filed on 24th April 2025, well outside the six-month statutory limit prescribed by Section 9(3) of the Law Reform Act and Order 53 Rule 2 of the Civil Procedure Rules. The court further held that the matter was res judicata, having already been determined in Naivasha CMCELC No. E037 of 2024 between the same parties and over the same subject matter, with a final judgment…
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Akute v Pop & 8 others [2025] KEELC 5327 (KLR)
The court found that the applicant failed to establish a prima facie case for the grant of a temporary injunction. The evidence showed that the suit land reverted to the government in 1991 after the 7th respondent defaulted on the Settlement Fund Trustees loan, and was subsequently allocated to the 1st-6th respondents. Under Section 41 of the Limitation of Actions Act, adverse possession cannot be claimed against government land. The applicant did not provide sufficient evidence of possession or development, nor did he refute the respondents' evidence regarding the land's status. Without a pr…
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Republic v Tharaka Nithi County Public Service Board & another; Nicholas (Exparte Applicant) [2025] KEELRC 2053 (KLR)
The court found the PSC delayed an employee’s appeal for over three years, amounting to procedural impropriety, but declined certiorari, mandamus, and prohibition.
Apa Insurance Company Ltd v Bukheit [2025] KEHC 9892 (KLR)
The High Court at Bungoma allowed an unopposed application for leave to file a declaratory or repudiatory suit out of time and closed the file.
Ngode v Transfleet Limited (Formerly Mugoya Construction Company) [2025] KEELRC 2024 (KLR)
The court dismissed a claim for unlawful termination and unpaid salary after finding the claimant failed to prove an employment relationship with the respondent.
CIC General Insurance Company Ltd v Bemms Limited [2025] KEHC 9981 (KLR)
The High Court rejected an insurer’s bid to set aside two arbitral awards, finding the challenge time-barred and the jurisdiction objections waived.
Somoni v Muangi [2025] KEHC 9582 (KLR)
The court found that the appellant filed the memorandum of appeal nine months after the judgment, far outside the statutory 30-day period prescribed by section 79G of the Civil Procedure Act. The appellant neither sought nor obtained leave of the court to file the appeal out of time, nor did she provide any explanation for the delay. The court held that an appeal filed out of time without leave is a nullity and cannot be cured by subsequent applications. The preliminary objection raised by the respondent was therefore upheld, and the appeal was dismissed with costs to the respondent.
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Nuclear Investment Limited v Kinyanjui [2025] KEELRC 1998 (KLR)
The court upheld a finding of unfair termination, dismissed the appeal, and reduced the underpayment award to reflect the three-year limitation period.
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