Kenya Case Law

Kibagi v Njogu

Kibagi v Njogu [2025] KECA 1232 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 95 of 2019

Judges

JW Lessit, A Ali-Aroni, GV Odunga

The Court found that the application was fatally defective for multiple reasons: the applicant failed to invoke the jurisdiction of the Court of Appeal by citing the correct legal provisions, instead relying on the Civil Procedure Rules which do not apply to the Court of Appeal; the application did not attach the judgment sought to be reviewed, depriving the Court of the ability to assess the merits of the application; and the title of the application was misleading, suggesting an appeal was pending when the matter had already been determined. The Court emphasized that jurisdiction must be pr…

Source excerpt

• Review Of Judgment
• Jurisdiction Of Court Of Appeal
• Procedural Defects
• Stay Of Execution
• Environment And Land Disputes

Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (UASU) & 3 others

Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (UASU) & 3 others [2025] KECA 1050 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E037 of 2021

Judge

W Karanja

The Court of Appeal struck out an application for extension of time and stay of proceedings after finding it relied on a non-existent rule and had affidavit inconsistencies.

• Extension Of Time
• Stay Of Proceedings
• Procedural Defects
• Extension-of-time
• Stay-of-proceedings
• Procedural-defects

Lutta v Mumias Sugar Company (Under Administration)

Lutta v Mumias Sugar Company (Under Administration) [2025] KEHC 5425 (KLR)

Court

High Court

Case number

Miscellaneous Application E158 of 2023

Judge

SC Chirchir

The High Court dismissed an application for leave to continue a personal injury suit against Mumias Sugar Company under administration, citing inadequate particulars and evidence.

• Leave To Continue Proceedings
• Company Under Administration
• Insolvency Moratorium
• Procedural Defects
• Personal Injury Claims
• Company-under-administration

Anuon v Attorney General

Anuon v Attorney General [2025] KEELRC 998 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application 85 of 2016

Judge

S Radido

The court dismissed a substitution motion filed after judgment had already been delivered in the primary cause, finding procedural defects and material non-disclosure.

• Substitution Of Parties
• Abated Suits
• Revival Of Suits
• Non Disclosure Of Judgment
• Procedural Defects
• Substitution-of-parties

Mwambia v Kenya Power & Lighting Company Limited

Mwambia v Kenya Power & Lighting Company Limited [2025] KEELRC 778 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E009 of 2024

Judge

ON Makau

The court has jurisdiction to enforce awards made by the Director of Safety and Health under the Work Injury Benefit Act because such claims arise from employment contracts and the court has original and unlimited jurisdiction over employment and labour relations disputes. A technical defect in the assessment form, such as a missing stamp or being signed by an Occupational Safety and Health Officer instead of the Director, is not fatal to the application for enforcement, particularly when the underlying accident was reported and the incapacity assessed.

Source excerpt

• Work Injury Benefit Act
• Jurisdiction Of Elrc
• Enforcement Of Dosh Awards
• Procedural Defects
• Adoption Of Awards

Cheruyiot v Solar Panda Kenya Limited

Cheruyiot v Solar Panda Kenya Limited [2025] KEELRC 605 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E042 of 2024

Judge

J Rika

The court cannot adopt a work injury benefit award from the Director of Occupational Health and Safety Services as its judgment where there is a pending objection to the assessment before the Director, regardless of whether the objection was filed late, as the Director is the proper authority to deal with such objections and the doctrine of exhaustion of alternative remedies applies.

Source excerpt

• Work Injury Benefits
• Doctrine Of Exhaustion
• Procedural Defects
• Adoption Of Award
• Jurisdiction Of Director
• Appeal Procedure

In re Estate of Domnicus Odhiambo (Deceased)

In re Estate of Domnicus Odhiambo (Deceased) [2025] KEHC 2007 (KLR)

Court

High Court

Case number

Probate & Administration E001 of 2023

Judge

DK Kemei

The grant of letters of administration should not be revoked where the alleged irregularities (failure to file specific forms) are curable under the inherent powers of the court and do not fundamentally prejudice the Objector’s right to inherit, particularly when evidence suggests the Objector was aware of and participated in family discussions regarding administration and distribution, and his interest as a beneficiary is documented.

Source excerpt

• Revocation Of Grant
• Letters Of Administration
• Consent Of Beneficiaries
• Priority Of Administrators
• Procedural Defects
• Distribution Of Estate

Republic v Cabinet Secretary for Land, Housing and Urban Development & 2 others; Musili & 2 others (Exparte Applicants); Maundu (Interested Party)

Republic v Cabinet Secretary for Land, Housing and Urban Development & 2 others; Musili & 2 others (Exparte Applicants); Maundu (Interested Party) [2025] KEELC 658 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application 6 of 2021

Judge

LG Kimani

The court upheld a preliminary objection and struck out a notice to show cause for execution of taxed costs, finding the execution papers were procedurally defective.

• Execution Of Decrees
• Notice To Show Cause
• Preliminary Objection
• Taxation Of Costs
• Procedural Defects
• Execution-of-decrees

Munialo v Comity & another

Munialo v Comity & another [2025] KEHC 938 (KLR)

Court

High Court

Case number

Miscellaneous Reference Application 12 of 2024

Judge

SC Chirchir

The High Court at Kakamega struck out a reference challenging an election-petition costs assessment, holding the proper remedy was an appeal, not a reference.

• Costs Assessment
• Election Petition Costs
• Jurisdiction Of High Court
• Procedural Defects
• Election-petition-costs
• Costs-assessment

Said v Said & 3 others

Said v Said & 3 others [2024] KEHC 15848 (KLR)

Court

High Court

Case number

Originating Summons E005 of 2024

Judge

G Mutai

The High Court at Mombasa struck out an originating summons in a succession dispute, finding it fatally defective because no grant of probate had been issued.

• Probate And Administration
• Grant Of Probate
• Revocation Of Grant
• Procedural Defects
• Probate-and-administration
• Grant-of-probate