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Kenya decisions
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Makara v Kirichu & 7 others [2025] KECA 1221 (KLR)
The Court of Appeal upheld review of a succession judgment, finding the High Court could entertain review despite a notice of appeal and that non-disclosure justified redistribution.
Ngari v Kaguamba [2025] KEHC 9508 (KLR)
The High Court dismissed a family appeal, upholding review and setting aside of a succession ruling after finding non-service and material non-disclosure.
Kambo v Kambo & 6 others [2025] KEELC 4501 (KLR)
The court found that the Plaintiff failed to establish a prima facie case with a probability of success as required for the grant of an interlocutory injunction. The Plaintiff was not truthful in her pleadings regarding the existence of previous proceedings, specifically Succession Cause No. 441 of 2006 at Thika Law Courts, which involved the same parties and subject matter. The existence of parallel proceedings and non-disclosure undermined the Plaintiff's case. The transfers of the suit parcels were effected pursuant to a valid court order that had not been set aside, and the Plaintiff had…
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NKM v NJS (Suing on Behalf of Am) [2025] KEHC 4851 (KLR)
The court held that the appellant failed to disclose material facts, specifically the existence of a subsisting marriage and that the child was born during the marriage, which disentitled him to the court's discretion. The interim order for maintenance was issued to protect the child's best interests and did not impose a new obligation but maintained the status quo. The court found that the appellant had not demonstrated substantial loss warranting a stay, as the interests of the child supersede those of the parents. The issue of paternity could not be determined at the interlocutory stage, a…
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In re Estate of Mariam Tapsiru Kitumbu [2025] KEHC 2681 (KLR)
The application was dismissed primarily due to the applicant's failure to obtain consent from an equally entitled beneficiary and the non-disclosure of a related ongoing Succession Cause before the Kadhi's Court, which rendered the application an abuse of court process and res sub judice.
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Geminia Insurance Co. Ltd v United Pharma (K) Limited & another [2025] KEHC 480 (KLR)
The High Court entered summary judgment for the insurer, finding the defence raised no triable issue and that the debt settlement agreement was enforceable.
Nightshade Properties Limited v National Land Commission & 4 others [2024] KEELC 7343 (KLR)
The court held that it lacks jurisdiction to assess and determine the amount of compensation payable for compulsory acquisition of land in the first instance, as this statutory mandate is vested exclusively in the National Land Commission (NLC) under Section 112 of the Land Act. The court found that the applicant's request for the court to step into the NLC's role was contrary to both the statutory framework and the intention of the Court of Appeal, which had affirmed the order of mandamus compelling the NLC to act. The court further noted that Section 133C(6) of the Land Act requires dispute…
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Matipe v Murunya & 6 others [2024] KEELC 7194 (KLR)
The Environment and Land Court dismissed an application to set aside interim injunction orders, finding the respondents had been served and failed to respond in time.
Occidental Insurance Company Limited v Mutuku & another; Mutua & 2 others (Interested Parties) [2024] KEHC 11772 (KLR)
The High Court at Kitui dismissed an insurer’s bid to stay related accident claims pending a declaratory suit on policy avoidance under section 10(4).
APA Insurance Limited v Gatugi [2024] KEMC 18 (KLR)
The court held that the insurer proved material non-disclosure and misrepresentation about vehicle use, allowed avoidance of the policy, and dismissed the counterclaim.
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