Kenya Case Law

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri)

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri) [2025] KECA 1327 (KLR)

Court

Court of Appeal

Case number

Civil Application E401 of 2024

Judge

F Tuiyott

The court found that the delay in lodging the notice of appeal was occasioned by a mistake of counsel, specifically the failure to pay for the notice despite timely uploading on the e-filing portal. The applicants demonstrated diligence by following up on the status of their appeal and promptly rectifying the omission. The delay of approximately one month was not considered inordinate, and the application for extension of time was brought without undue delay. The respondent failed to show any prejudice that would result from granting the extension. The court exercised its discretion under Rul…

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• Extension Of Time
• Mistake Of Counsel
• Notice Of Appeal
• Stay Of Execution
• Change Of Advocates

Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisieri – Deceased) v Jepkemboi & another

Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisieri – Deceased) v Jepkemboi & another [2025] KECA 1272 (KLR)

Court

Court of Appeal

Case number

Civil Application E006 of 2025

Judge

WK Korir

The court found that the applicant provided a satisfactory explanation for the delay in filing the record of appeal, attributing it to the mistake of his former counsel, which was promptly addressed upon discovery. The delay of approximately 20 days, considering the court recess, was deemed excusable. The court further held that the respondents would not suffer prejudice if the time for filing the appeal was enlarged, as execution of the judgment could proceed and the right to appeal should not be denied in deserving cases. The application met the legal threshold for extension of time, and th…

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• Extension Of Time
• Mistake Of Counsel
• Appeal Filing Deadlines
• Execution Of Judgment

Oketch & 3 others v Mudei & 5 others

Oketch & 3 others v Mudei & 5 others [2025] KEELC 5029 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E056 of 2019

Judge

BN Olao

The court found that the absence of the 2nd, 3rd, 4th and 5th Defendants and their counsel at the hearing on 24th September 2024 was due to a genuine mistake in counsel's office, specifically the failure to diarize the hearing date and inform the clients. The court held that only counsel could properly depone to this fact, as the Defendants were not present when the date was fixed and relied on their advocate for communication. The court determined that the interests of justice required the Defendants be given an opportunity to present their defence and cross-examine the Plaintiffs, as no irr…

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• Setting Aside Ex Parte Orders
• Adverse Possession
• Mistake Of Counsel
• Affidavit By Advocate

Marianne Center Foundation v Mutoro

Marianne Center Foundation v Mutoro [2025] KEELRC 2041 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E171 of 2024

Judge

JW Keli

The court found that the appellant failed to demonstrate sufficient cause for setting aside the ex parte judgment, as there was no draft defence on record or disclosure of triable issues before the trial court. The court held that the absence of a draft defence or any indication of a bona fide triable issue meant there was no basis to interfere with the trial court's exercise of discretion. The court further noted that the issue of the contract being signed only by the claimant was not raised before the trial court and could not be introduced for the first time on appeal. The principles gover…

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• Setting Aside Ex Parte Judgment
• Default Judgment
• Triable Issues
• Mistake Of Counsel
• Draft Defence Requirement

Zaam Industries Limited v Fibanda

Zaam Industries Limited v Fibanda [2025] KEELRC 2025 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E056 of 2025

Judge

JW Keli

The court held that the firm of Abdihakim Haji & Co. Advocates was properly on record for the appellant in the appeal, as Order 9 Rule 9 of the Civil Procedure Rules does not apply to new actions such as appeals. On extension of time, the court found that the applicant had established sufficient cause for delay due to the mistake of its previous counsel, and had acted without unreasonable delay upon learning of the judgment. The court exercised its discretion to allow extension of time for filing the appeal. Regarding stay of execution, the court found that there was a real risk of substantia…

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• Stay Of Execution
• Leave To Appeal Out Of Time
• Mistake Of Counsel
• Security For Decretal Sum
• Change Of Advocate Post Judgment

Gichimo v Kenya Ordinance Factories Corporation

Gichimo v Kenya Ordinance Factories Corporation [2025] KECA 1196 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E017 of 2021

Judges

DK Musinga, M Ngugi, GV Odunga

The Court of Appeal found that the applicant provided a detailed and plausible explanation for the delay in filing the record of appeal, which arose from a bona fide mistake by a clerk in the advocate's office and was compounded by the exceptional disruption caused by the COVID-19 pandemic. The Court held that the single judge failed to properly consider these circumstances and the efforts made by the applicant's advocate to rectify the oversight. The Court further determined that the intended appeal raised arguable issues, including res judicata, defamation, sexual harassment, and legality o…

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• Extension Of Time
• Judicial Discretion
• Appeal Lodging Delay
• Mistake Of Counsel
• Arguable Appeal
• Prejudice To Respondent

Edward & another v Wahome (Suing as the Legal Representative of the Estate of Lucy Seben)

Edward & another v Wahome (Suing as the Legal Representative of the Estate of Lucy Seben) [2025] KEHC 9523 (KLR)

Court

High Court

Case number

Civil Appeal E045 of 2024

Judge

AN Ongeri

The court found that the appellants' non-attendance was occasioned by a bona fide mistake of their former counsel, who failed to inform them of the pending appeal after leaving employment. The court held that such an inadvertent error should not deprive the appellants of their right to be heard, especially as they acted promptly upon discovering the mistake. The court emphasized the overriding objective of administering substantive justice without undue regard to procedural technicalities, as enshrined in Article 159(2)(d) of the Constitution and the Civil Procedure Act. The court further not…

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• Reinstatement Of Appeal
• Stay Of Execution
• Mistake Of Counsel
• Procedural Fairness
• Costs Award

Nabea v Ngeera

Nabea v Ngeera [2025] KEELC 4889 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E005 of 2025

Judge

BM Eboso

The court found that the applicant provided a reasonable and uncontroverted explanation for the delay in filing the appeal, attributing it to the mistake of his previous advocate. The court adopted the equity approach that mistakes of counsel should not be unduly penalized unless there is evidence of fraud or intention to overreach. The application for enlargement of time was made promptly after the error was discovered, and the respondent could be compensated by an award of costs. However, the court held that the ruling sought to be stayed was a negative order, which does not attract a stay…

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• Extension Of Time
• Stay Of Execution
• Appeals From Lower Courts
• Mistake Of Counsel

Abayo v Onong’o

Abayo v Onong’o [2025] KEHC 9334 (KLR)

Court

High Court

Case number

Civil Appeal E107 of 2024

Judge

A Mabeya

The High Court at Kisumu set aside an ex parte dismissal of an appeal, accepted counsel’s explanation for non-attendance, reinstated the appeal, and awarded costs of KES 5,000.

• Setting Aside Ex Parte Orders
• Reinstatement Of Appeal
• Mistake Of Counsel
• Exercise Of Judicial Discretion
• Setting-aside-ex-parte-orders
• Reinstatement-of-appeal

Ng'ang'a & another (Suing on their own behalf & as the Administrators of the Estate of the Late Samuel Kamau Gitiria) v Shah & another

Ng'ang'a & another (Suing on their own behalf & as the Administrators of the Estate of the Late Samuel Kamau Gitiria) v Shah & another [2025] KEHC 8900 (KLR)

Court

High Court

Case number

Civil Appeal E504 of 2023

Judge

LP Kassan

The court found that the dismissal of the appeal arose from a genuine mistake by the applicants' counsel, who was misinformed by a court assistant regarding the correct mention date and judge. There was no evidence of deliberate inaction or abuse of process by the applicants themselves. The court recognized that mistakes by counsel should not, in appropriate cases, be visited upon the litigant, especially where the interests of justice require rectification. The court also considered the constitutional imperative to do substantive justice and the need to balance the competing interests of the…

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• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Mistake Of Counsel
• Court Discretion
• Costs Orders