Kenya Case Law

Nzomo & 2 others (Suing for and on Behalf of Komarock Residents Association (KRA)) v Mwangi & 8 others

Nzomo & 2 others (Suing for and on Behalf of Komarock Residents Association (KRA)) v Mwangi & 8 others [2025] KEELC 4965 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E454 of 2021

Judge

CA Ochieng

The Environment and Land Court dismissed an application to set aside dismissal and reinstate a suit, finding the applicants lacked locus standi and gave no sufficient reason for non-attendance.

• Reinstatement Of Suit
• Locus Standi
• Non Attendance
• Pre Trial Directions
• Reinstatement-of-suit
• Locus-standi

Wainaina v Karuingi & another

Wainaina v Karuingi & another [2025] KEMC 106 (KLR)

Court

Magistrate's Court

Case number

Environment and Land Case Civil Suit 77 of 2020

Judge

PA Ndege

The court dismissed a motion for stay of proceedings pending appeal, finding it incompetent and unsupported, and directed that the land suit proceed.

• Stay Of Proceedings
• Pre Trial Directions
• Amended Pleadings
• Default Judgment
• Land Ownership Disputes
• Stay-of-proceedings

Kenya Engineering Workers Union v East Aluminium Company Limited

Kenya Engineering Workers Union v East Aluminium Company Limited [2025] KEELRC 1443 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E873 of 2023

Judge

AK Nzei

The court declined to dismiss the claim for want of prosecution, giving the claimant 12 months to proceed and setting a mention date for formal proof directions.

• Dismissal For Want Of Prosecution
• Formal Proof Procedure
• Pre Trial Directions
• Dismissal-for-want-of-prosecution
• Formal-proof-procedure
• Pre-trial-directions

Office of the Director of Public Prosecutions v Koria

Office of the Director of Public Prosecutions v Koria [2025] KEHC 4869 (KLR)

Court

High Court

Case number

Criminal Revision E011 of 2024

Judge

BM Musyoki

The High Court allowed a criminal revision, set aside the magistrate’s refusal, and granted leave to supply additional documents and amend the charge sheet.

• Amendment Of Charge Sheet
• Supply Of Additional Evidence
• Fair Trial Rights
• Prejudice To Accused
• Pre Trial Directions
• Criminal-revision

Kingori v Plastic Electronics Limited

Kingori v Plastic Electronics Limited [2025] KEELRC 608 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E126 of 2023

Judge

AK Nzei

The court declined to dismiss the suit for want of prosecution, giving the claimant 12 months to proceed and setting pre-trial directions.

• Dismissal For Want Of Prosecution
• Court Discretion
• Pre Trial Directions
• Dismissal-for-want-of-prosecution
• Employment-law
• Pre-trial-directions

Waita (Suing as the Legal Representative of the Estate of Jimmy Waita Lole) v Musembi

Waita (Suing as the Legal Representative of the Estate of Jimmy Waita Lole) v Musembi [2024] KEELC 13465 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E002 of 2022

Judge

TW Murigi

The court found that the applicant provided a reasonable explanation for the failure to file the defence, attributing it to inadvertence by the process server rather than deliberate neglect. The court held that the applicant's draft defence raised triable issues regarding ownership of the suit property, which should be determined on merit. The court emphasized the importance of the right to a fair hearing and concluded that no prejudice would be occasioned to the respondent if the matter proceeded to a full hearing. Consequently, the court exercised its discretion to set aside the ex parte in…

Source excerpt

• Setting Aside Judgment
• Default Judgment
• Leave To File Defence
• Pre Trial Directions
• Registered Proprietorship
• Right To Fair Hearing

Ochieng & 2 others v Pedval Limited

Ochieng & 2 others v Pedval Limited [2024] KEELC 5987 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E052 of 2022

Judge

AA Omollo

The court found that the trial magistrate erred in refusing the Appellants leave to file their pleadings out of time. The judge held that the period for compliance with pre-trial directions should have run from 17th February, 2022, after the determination of interlocutory applications, and that the Appellants' delay in filing pleadings was reasonably explained by the 3rd Appellant's absence for medical treatment. The court determined that there was no undue delay, and any prejudice to the Respondent could be cured by an award of costs. The court also held that non-service of summons was a cur…

Source excerpt

• Extension Of Time
• Leave To File Pleadings
• Service Of Summons
• Pre Trial Directions
• Admission Of Documents
• Magistrate Discretion

National Social Security Fund v Mbula

National Social Security Fund v Mbula [2024] KEELC 6640 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1565 of 2014

Judge

MD Mwangi

The court dismissed an application to set aside dismissal of a suit, finding it was brought under the wrong provision and did not address the real cause: non-compliance with pre-trial directions.

• Dismissal For Non Compliance
• Reinstatement Of Suit
• Pre Trial Directions
• Court Discretion
• Costs Award
• Dismissal-for-non-compliance

Muriuki v Mount Kenya University

Muriuki v Mount Kenya University [2024] KEHC 8403 (KLR)

Court

High Court

Case number

Civil Case E022 of 2021

Judge

DO Chepkwony

The High Court at Kiambu dismissed the suit for want of prosecution after the plaintiff failed to file submissions or respond to a notice to show cause.

• Dismissal For Want Of Prosecution
• Notice To Show Cause
• Interlocutory Judgment
• Pre Trial Directions
• Dismissal-for-want-of-prosecution
• Notice-to-show-cause

Okudho v S.S. Mehta & Sons Ltd

Okudho v S.S. Mehta & Sons Ltd [2024] KEELRC 1202 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E055 of 2023

Judge

S Radido

The court found that although the Claimant failed to comply with earlier directions regarding the filing of further documents, the interests of justice required a balance between procedural compliance and substantive fairness. The court determined that only those documents directly relevant to the pleaded causes of action—unfair termination and breach of contract—should be admitted. Specifically, documents serial numbers 16–20 and 22, which appeared to be business records of the Respondent and relevant to the dispute, were allowed into the record. The remainder, relating to periods outside th…

Source excerpt

• Unfair Termination
• Breach Of Contract
• Admissibility Of Evidence
• Pre Trial Directions