Kenya Case Law

In re Estate of Esinas Angunzuzu Kalega alias Asenath Angunzuzu Khalekha (Deceased)

In re Estate of Esinas Angunzuzu Kalega alias Asenath Angunzuzu Khalekha (Deceased) [2025] KEHC 10303 (KLR)

Court

High Court

Case number

Miscellaneous Application E005 of 2023

Judge

JN Kamau

The High Court determined that it lacked jurisdiction to entertain the Objector's Summons for Revocation of Grant because the original succession cause was properly before the magistrate's court, which had the requisite pecuniary jurisdiction. The Objector should have sought revocation in the trial court or appealed any adverse decision to the High Court. The High Court's jurisdiction is limited to appeals or matters where the lower court lacks jurisdiction. Since the application was not an appeal and the magistrate's court had jurisdiction, the High Court could not proceed. The court further…

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• Revocation Of Grant
• Probate And Administration
• Jurisdiction Of High Court
• Pecuniary Jurisdiction
• Fraud In Succession
• Procedure For Succession Disputes

Ombi Rubber Rollers Limited v Wef Logistics Limited

Ombi Rubber Rollers Limited v Wef Logistics Limited [2025] KEHC 10055 (KLR)

Court

High Court

Case number

Miscellaneous Application E1026 of 2024

Judge

PM Mulwa

The High Court dismissed an application to transfer a Small Claims Court suit so the applicant could file a counterclaim exceeding that court’s Kshs. 1 million limit.

• Pecuniary Jurisdiction
• Transfer Of Suits
• Counterclaims
• Small Claims Court Procedure
• Small-claims-court
• Pecuniary-jurisdiction

Eldotec Consultancy Services Ltd v Adhiambo & 5 others

Eldotec Consultancy Services Ltd v Adhiambo & 5 others [2025] KEELRC 2079 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E017 of 2023

Judge

MA Onyango

The court found that the trial magistrate erred in failing to certify the appellant's applications as urgent, given the risk of dissipation of funds and the clear evidence of overpayment. However, the substantive claims for refund were determined based on the test suit, where it was established that the 1st respondents had received and utilized excess terminal dues, making them liable to refund the appellant. The 2nd respondents (financial institutions) were not liable as they no longer held the funds at the time of service of freezing orders. The court adopted the findings of the test suit a…

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• Terminal Dues
• Erroneous Payment
• Recovery Of Overpayment
• Pecuniary Jurisdiction
• Interim Injunctions

Helasabili Mobile Capital Limited v Chameleon Solutions Limited

Helasabili Mobile Capital Limited v Chameleon Solutions Limited [2025] KEHC 9465 (KLR)

Court

High Court

Case number

Miscellaneous Application E153 of 2023

Judge

PN Gichohi

The High Court held that it cannot transfer a suit from the Small Claims Court to the Magistrates Court where the Small Claims Court lacks jurisdiction due to the value of the counterclaim. The applicant, by expressly waiving recovery of sums above Kshs. 1,000,000 in its counterclaim, invoked Rule 14 of the Small Claims Court Rules and thereby limited the court's jurisdiction to the statutory maximum. The law is settled that a suit filed in a court without jurisdiction is incompetent and cannot be transferred to a court with jurisdiction; it must be struck out or withdrawn. The court cited bi…

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• Transfer Of Suits
• Pecuniary Jurisdiction
• Counterclaims
• Small Claims Court Procedure

Jamarat Apartments Limited v Mandera County Government

Jamarat Apartments Limited v Mandera County Government [2025] KEHC 9618 (KLR)

Court

High Court

Case number

Civil Appeal E013 of 2024

Judge

JN Onyiego

The High Court held that the Mandera Principal Magistrate’s Court lacked pecuniary jurisdiction over a claim exceeding Kshs. 10 million, so the suit was properly filed in Garissa.

• Pecuniary Jurisdiction
• Territorial Jurisdiction
• Transfer Of Suit
• Magistrates Courts Act
• Preliminary Objection
• Pecuniary-jurisdiction

In re Estate of Edward Tale Nabangi (Deceased)

In re Estate of Edward Tale Nabangi (Deceased) [2025] KEHC 9055 (KLR)

Court

High Court

Case number

Miscellaneous Application E002 of 2025

Judge

MS Shariff

The High Court dismissed an application to revoke a succession grant and transfer a cause, finding no proof of pecuniary lack of jurisdiction and no locus standi.

• Locus Standi In Succession
• Revocation Of Grant
• Pecuniary Jurisdiction
• Transfer Of Succession Cause
• Burden Of Proof
• Succession-law

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Kombanira & another

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Kombanira & another [2025] KEELRC 1849 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E023 of 2025

Judge

M Mbarũ

The ELRC at Mombasa dismissed preliminary objections on pecuniary and territorial jurisdiction, holding the claim was a trade dispute and the court had original jurisdiction.

• Jurisdiction Of Courts
• Trade Disputes
• Pecuniary Jurisdiction
• Territorial Jurisdiction
• Employment Contracts
• Union Representation

Chumo (Suing as Legal Representative of the Estate of the Late Kipsigei Arap Cheplel alias Elijah Kipsigei Cheplel) v Chumo

Chumo (Suing as Legal Representative of the Estate of the Late Kipsigei Arap Cheplel alias Elijah Kipsigei Cheplel) v Chumo [2025] KEELC 4741 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E005 of 2023

Judge

LA Omollo

The court found that although there are two suits pending between the same parties over the same subject matter, the earlier suit (Kericho CM ELC Case No. 003 of 2018) was filed in a court lacking pecuniary jurisdiction, as the value of the subject property exceeds the Magistrate's Court's jurisdiction. The doctrine of sub judice, as codified in Section 6 of the Civil Procedure Act and interpreted by the Supreme Court, only applies where both suits are pending before courts of competent jurisdiction. Since the lower court lacks jurisdiction, the existence of that suit does not render the pres…

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• Sub Judice
• Jurisdiction
• Striking Out Suit
• Pecuniary Jurisdiction
• Abuse Of Process

Diamond Trust Bank Kenya Limited v Thuranira

Diamond Trust Bank Kenya Limited v Thuranira [2025] KEHC 9189 (KLR)

Court

High Court

Case number

Commercial Miscellaneous Application E611 of 2025

Judge

BK Njoroge

The High Court determined that it has the statutory power to transfer suits to subordinate courts where the subject matter falls within the subordinate court's pecuniary jurisdiction. The Applicant's claim, being for Kshs. 2,490,416.30, is well within the Chief Magistrate's Court's jurisdictional limit of Kshs. 20,000,000. The Court found that judicial policy and the law favour the filing of matters in the lowest competent court to promote efficiency and access to justice. There was no evidence of prejudice to the Respondent, and the draft Plaint disclosed triable issues. Accordingly, the Cou…

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• Transfer Of Suits
• Pecuniary Jurisdiction
• Loan Agreements
• Court Jurisdiction

Kinuthia v Montina & 4 others

Kinuthia v Montina & 4 others [2025] KEELC 4842 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E106 of 2024

Judge

LC Komingoi

The court found that both the present suit and MCELC E163 of 2024 involve the same parties and the same subject matter, namely ownership of parcel Kajiado/Ntashart/2107. The present suit was filed first in time. Applying Section 6 of the Civil Procedure Act and the Supreme Court's guidance in Kenya National Commission on Human Rights v Attorney General, the court held that the doctrine of sub-judice is satisfied. The subsequent suit in the Lower Court should be stayed to prevent conflicting decisions and abuse of process. The court further held that questions of pecuniary jurisdiction should…

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• Sub Judice
• Stay Of Proceedings
• Pecuniary Jurisdiction
• Ownership Dispute
• Abuse Of Process