Kenya Case Law

Choi v Exotic Gates Limited; Owuor (Objector)

Choi v Exotic Gates Limited; Owuor (Objector) [2025] KEELC 4536 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 155 of 2019

Judge

OA Angote

The court found that the law firm of Onyango Ndolo & Company Advocates did not require leave to come on record for the Objector, as the Objector was a new party in post-judgment proceedings. The failure to file a notice of objection under Order 22 Rule 51 was not fatal since the Decree Holder was made aware of the Objector's claim through the application, and no prejudice was suffered. The consent order of 7th March, 2024 was validly entered into by counsel properly on record for the Judgment Debtor, and there was no evidence of fraud, collusion, or lack of authority. The default clause in th…

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• Execution Of Decrees
• Objection Proceedings
• Lifting Corporate Veil
• Consent Judgments
• Attachment Of Property

Gitonga v M’Itonga & 3 others

Gitonga v M’Itonga & 3 others [2025] KEELC 4423 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E017 of 2023

Judge

JO Mboya

On appeal, the court rejected fraud claims over parcels 1XX5 and 8XX4, but upheld the Land Adjudication Officer’s decision returning parcel 5XX1 to the appellant.

• Adjudication Disputes
• Fraud In Land Transactions
• Ownership And Title
• Objection Proceedings
• Mesne Profits
• Injunctive Relief

Karaba v Reubenson & 2 others; Karaba (Objector)

Karaba v Reubenson & 2 others; Karaba (Objector) [2025] KEHC 7184 (KLR)

Court

High Court

Case number

Election Petition 4 of 2017

Judge

EM Muriithi

The court found that the objector, by providing documentary evidence of ownership and her financial means, had established a legal interest in the attached property. The burden then shifted to the respondents to rebut this evidence, which they failed to do. The court accepted the objector's explanation for acquisition and ownership of the goods, including the motor vehicle and household items, and found no evidence of fraud or intent to defeat execution. The relationship of marriage and demonstrated means further supported the objector's claim. On a balance of probabilities, the court conclud…

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• Execution Of Judgments
• Objection Proceedings
• Burden Of Proof
• Ownership Of Attached Property

Arisa v Kipkebe Limited; Ryce EA Limited (Objector)

Arisa v Kipkebe Limited; Ryce EA Limited (Objector) [2025] KEELRC 1468 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E005 of 2023

Judge

AN Mwaure

The court granted stay of execution pending appeal, set aside the taxation ruling and costs certificate, and lifted attachment against the objector’s vehicles.

• Stay Of Execution
• Taxation Of Costs
• Objection Proceedings
• Attachment Of Property
• Security For Decretal Sum
• Stay-of-execution

Timamy & 3 others v Rashid & 17 others

Timamy & 3 others v Rashid & 17 others [2025] KEELC 4056 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 238 of 2014

Judge

YM Angima

The court dismissed an objection to execution, holding the objectors failed to prove any legal or equitable interest in the house sought to be attached.

• Execution Of Decrees
• Attachment Of Property
• Objection Proceedings
• Beneficial Interest
• Costs Awards
• Objection-proceedings

Haji & 28 others v Seif (As Trustee of Seif Bin Salim Trust) & 4 others

Haji & 28 others v Seif (As Trustee of Seif Bin Salim Trust) & 4 others [2025] KEELC 3930 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition 155 of 2015

Judge

YM Angima

The court found that the 1st petitioner failed to demonstrate diligence or provide a reasonable explanation for the delay in challenging the taxed bill of costs, and was thus guilty of laches. The application for enlargement of time to file a reference was dismissed. In contrast, the objector, Ahmed Mineto, provided sufficient documentary evidence (receipts) to establish ownership or beneficial interest in the proclaimed goods, which were not shown to belong to the judgment debtors. The court was satisfied that the objector had a legitimate claim and ordered the release of the attached proper…

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• Execution Of Decrees
• Objection Proceedings
• Taxation Of Costs
• Attachment Of Property

Gikundi v Kenya National Chamber of Commerce and Industry & 2 others

Gikundi v Kenya National Chamber of Commerce and Industry & 2 others [2025] KEELRC 1422 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E013 of 2021

Judge

ON Makau

The Employment and Labour Relations Court at Meru set aside an irregular judgment for lack of service, reopened the suit, and awarded throwaway costs.

• Setting Aside Judgment
• Service Of Process
• Stay Of Execution
• Objection Proceedings
• Setting-aside-judgment
• Service-of-process

KCB Bank Kenya Limited v Ndungu & 2 others

KCB Bank Kenya Limited v Ndungu & 2 others [2025] KEHC 6732 (KLR)

Court

High Court

Case number

Civil Appeal E092 of 2023

Judge

EM Muriithi

The High Court found that the appellant, KCB Bank Kenya Limited, had established a legal interest in the attached motor vehicle as a co-owner and secured creditor, as evidenced by the joint registration of the vehicle. Section 44(1) of the Civil Procedure Act expressly limits attachment to property belonging to the judgment debtor, and the evidence showed the vehicle was not solely owned by the debtor. The court held that the objection proceedings were not overtaken by events because no vesting order had been issued and there was no evidence of payment out of the proceeds of sale. The trial c…

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• Attachment Of Property
• Secured Creditor Rights
• Execution Of Decrees
• Objection Proceedings
• Co-ownership Of Property

Panyako v IEBC & 2 others

Panyako v IEBC & 2 others [2025] KEHC 5607 (KLR)

Court

High Court

Case number

Election Petition E001 of 2022

Judge

SC Chirchir

The High Court dismissed an objection to execution, finding the applicant had not proved ownership or any legal or equitable interest in the attached goods.

• Objection Proceedings
• Matrimonial Property
• Execution Of Decree
• Burden Of Proof
• Objection-proceedings
• Execution-of-decree

Giriama Central Associates & Property Management Ltd v Baluchi & 2 others; Muriuki (Applicant); Autoland Auctioneers (Respondent)

Giriama Central Associates & Property Management Ltd v Baluchi & 2 others; Muriuki (Applicant); Autoland Auctioneers (Respondent) [2025] KEELC 3168 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 216 of 2012

Judge

SM Kibunja

The court struck out an objection to attachment because the notice of motion was not accompanied by the supporting affidavit required by Order 22 Rule 51.

• Execution Of Decree
• Attachment Of Property
• Objection Proceedings
• Court Process Abuse
• Objection-to-attachment
• Civil-procedure