Kenya Case Law

Kenya Private Universities Workers Union v United States International University – Africa

Kenya Private Universities Workers Union v United States International University – Africa [2025] KEELRC 2157 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E594 of 2020

Judge

B Ongaya

The court dismissed a union claim over redundancy, salary cuts, and alleged consent breaches, finding the COVID-19 redundancy process lawful and the union had standing to sue.

• Redundancy Procedure
• Trade Union Representation
• Covid19 Employment Measures
• Severance Pay
• Locus Standi
• Collective Bargaining

Ruai Central 54 Association (Suing through Julius Ntorono Kubai, Erastus Nyambutu Migosi Beatrice Mumbi Njoroge) v Ng’ang’a & another

Ruai Central 54 Association (Suing through Julius Ntorono Kubai, Erastus Nyambutu Migosi Beatrice Mumbi Njoroge) v Ng’ang’a & another [2025] KEELC 5411 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E167 of 2024

Judge

CG Mbogo

The Environment and Land Court entered judgment for taxed costs, holding that an unchallenged certificate of taxation could be enforced as a decree with interest.

• Taxation Of Costs
• Originating Summons
• Locus Standi
• Execution Of Decree
• Taxation-of-costs
• Originating-summons

Mwinyikai v Elephant Oils Limited & 5 others

Mwinyikai v Elephant Oils Limited & 5 others [2025] KECA 1301 (KLR)

Court

Court of Appeal

Case number

Civil Application E028 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the impugned ruling of the trial court was a negative order, as it merely dismissed the applicant's applications without requiring any party to do or refrain from doing anything. As such, there was nothing to stay, and the Court lacked jurisdiction to grant the orders sought. The Court further noted that the application was brought under the wrong procedural provisions and that the applicant had already been discharged from the proceedings in the trial court. Consequently, the application for stay of execution was devoid of merit and was dismissed with costs to t…

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• Stay Of Execution
• Consent Orders
• Review Of Judgments
• Fraudulent Title
• Locus Standi

In re Estate of Edward Nganga Kabue (Deceased)

In re Estate of Edward Nganga Kabue (Deceased) [2025] KEHC 10527 (KLR)

Court

High Court

Case number

Probate & Administration E542 of 2025

Judge

H Namisi

The High Court granted a limited grant ad colligenda bona to preserve an intestate estate and authorized payment of Kshs 4 million toward the widow’s hospital bill.

• Succession Proceedings
• Limited Grant Ad Colligenda Bona
• Urgent Medical Expenses
• Preservation Of Estate
• Locus Standi
• Collection Of Estate Assets

Abed v Ali

Abed v Ali [2025] KECA 1323 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E140 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

Court of Appeal dismissed an appeal over a “house without land” dispute, holding the deceased’s interest formed part of his estate and the appellant got no valid title.

• Succession Of Estates
• House Without Land
• Locus Standi
• Bona Fide Purchaser
• Tenancy Termination
• Title Transfer

Karani & 2 others v Karani & 2 others; Murage & another (Intended Defendant)

Karani & 2 others v Karani & 2 others; Murage & another (Intended Defendant) [2025] KEELC 5341 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 5 of 2018

Judge

JM Mutungi

The court found that the doctrine of res judicata did not apply because the previous suit involved different parties and issues, specifically a buyer-seller dispute rather than a claim based on customary trust. The Applicants established locus standi as beneficiaries and long-term occupants of the land, with their claim anchored in customary trust rather than succession law. The court held that the joinder of Patrick Githinji Murage and the Land Registrar was necessary for a comprehensive adjudication, as their interests and roles were directly implicated in the dispute. Leave to amend the pl…

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• Customary Trust
• Joinder Of Parties
• Amendment Of Pleadings
• Temporary Injunction
• Locus Standi
• Res Judicata

Our Lady of Grace School Foundation Ltd. (Formerly Known As Libra Institute) v Registered Trustees of Franciscan Sisters of St. Anne, Lwak & another

Our Lady of Grace School Foundation Ltd. (Formerly Known As Libra Institute) v Registered Trustees of Franciscan Sisters of St. Anne, Lwak & another [2025] KEELC 5401 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 42 of 2020

Judge

SO Okong'o

The court dismissed a claim for transfer of land, holding that any trust was for the Dominican Friars, not the Plaintiff, and that the Plaintiff lacked standing.

• Resulting Trusts
• Beneficial Ownership
• Land Registration
• Trust Enforcement
• Locus Standi
• Resulting-trust

Matiliku v Kilonzo & another

Matiliku v Kilonzo & another [2025] KEELC 5343 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E006 of 2022

Judge

EO Obaga

The court found that the evidence established the suit property as ancestral family land originally belonging to Kinyenze Mukai. The registration of the property in the name of the Appellant’s late husband was not a purchase but a result of family arrangements during demarcation. The Appellant, as administratrix, acquired title through succession, but the property was always intended for the benefit of all descendants of Kinyenze Mukai. The Respondents, as family members, had a beneficial interest under a customary trust. The trial magistrate properly analysed the evidence and correctly found…

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• Customary Trusts
• Family Land Disputes
• Locus Standi
• Title Cancellation

Mbulo v Mwongela & 2 others

Mbulo v Mwongela & 2 others [2025] KEELC 5331 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E017 of 2022

Judge

EO Obaga

The appeal turned on the issue of legal capacity. The court found that the appellant, having not taken out grant of letters of administration in respect of her late husband's estate, lacked capacity to be sued or to bring a counterclaim regarding the estate property. The law requires that any suit concerning a deceased's property must be brought by or against the legal representative. The trial magistrate erred by proceeding against the appellant in her personal capacity and by failing to make a finding on the counterclaim. Consequently, both the respondents' suit and the appellant's counterc…

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• Locus Standi
• Capacity To Sue Or Be Sued
• Administration Of Estates
• Ownership Of Land
• Counterclaims
• Partition And Subdivision

Odula & another v Oricho

Odula & another v Oricho [2025] KEELC 5353 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E021 of 2024

Judge

AE Dena

The court held that the plaintiffs, suing as beneficiaries of their late father Elkana Odula, lack locus standi to institute the proceedings in the absence of a grant of letters of administration as required by section 82(a) of the Law of Succession Act. This defect renders the suit incompetent to the extent that it is brought on behalf of the deceased's estate. However, the court found that the claim for adverse possession is sustainable in the plaintiffs' own capacity, as such a claim can be maintained by persons in possession of land for the requisite period, independent of their status as…

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• Locus Standi
• Adverse Possession
• Preliminary Objection
• Status Quo Orders