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Bedford v Mukangi & 8 others [2025] KEELC 5347 (KLR)
The court dismissed an application to consolidate an environment and land appeal with other matters, finding no material evidence of similar issues and noting Order 11 did not apply to appeals.
Tonui & 2 others v Prairie Co-op Society Ltd & another [2025] KEELC 5082 (KLR)
The Environment and Land Court at Nakuru allowed a 2nd Defendant’s application to file a further list and bundle of documents out of time.
Buluma v Buluma & 2 others [2025] KEELC 4887 (KLR)
The court refused to strike out a late defence to a counter-claim, finding the delay caused no shown prejudice. The motion was dismissed with costs to the 1st Defendant.
Kawimbi v Modern Coast Building and Construction Ltd [2025] KEELRC 1833 (KLR)
The ELRC dismissed a respondent’s objection to copies of documents produced at trial and held that objections should be raised at pre-trial, not during hearing.
Muigai v Njeru [2025] KEELC 4045 (KLR)
The Environment and Land Court set aside a magistrate’s judgment over procedural anomalies, including misaligned parties and unpleaded relief, and ordered a fresh trial.
Alinyo v Kenya Railways Corporation & another [2025] KEELC 3835 (KLR)
The Environment and Land Court at Vihiga dismissed an application to reinstate a suit struck out for non-attendance, finding no sufficient cause for the repeated absences.
Mbogo v NCBA Bank Kenya & 2 others [2025] KEHC 6065 (KLR)
The High Court found that the trial court erred in granting relief (a 50:50 sharing order) that was not sought in the pleadings, contrary to established legal principles that bind courts to the parties' prayers. The court further held that the bank was contractually entitled to freeze the account without a court order in the event of a dispute among signatories, as provided in the bank's general terms and conditions and industry practice. The absence of a pre-trial conference was deemed a curable procedural technicality, not fatal to the proceedings, since all parties had the opportunity to p…
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Republic v Kimuge [2025] KEHC 5744 (KLR)
The court held that the right to a fair trial under Article 50(2) of the Constitution requires the prosecution to disclose all evidence in its possession to the accused, including material it does not intend to rely on. This obligation is rooted in the need to avoid trial by ambush and to ensure that the accused has adequate facilities to prepare a defence. The court rejected a restrictive interpretation of Article 50(2)(j) that would limit disclosure only to evidence the prosecution intends to use, emphasizing that the transformative nature of the 2010 Constitution and established case law r…
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Limutti Holdings Limited v Charo & 11 others [2025] KEELC 3227 (KLR)
The Environment and Land Court at Malindi declined an oral request to dismiss the suit for want of prosecution, finding activity within the relevant two-year period.
Gichuhi v Gathege [2025] KEMC 47 (KLR)
The court considered whether a plaintiff’s notice of withdrawal was effective without service on the defendant and directed service of a mention date before further directions.
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