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Kenya decisions
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Kiugu t/a Kiugu & Company Advocates v County Government of Kiambu [2025] KEHC 8824 (KLR)
The High Court struck out an application for entry of judgment on taxed advocate-client costs because it was filed in a new file and omitted the matter in which judgment was sought.
Mbugua t/a Ng’ang’a & Co Advocates v Orion East Africa Limited & 5 others [2025] KEHC 8775 (KLR)
The High Court dismissed a bid for summary judgment, finding the application unsupported by affidavit, procedurally unavailable under Order 36, and raising triable issues.
Maragia v Maosa & another [2025] KEELC 4602 (KLR)
The court struck out an application for leave to appeal out of time because it was supported only by counsel’s affidavit, not the litigant’s own affidavit.
Abubakara v Kanyotu [2025] KEHC 7820 (KLR)
The High Court struck out a reference against taxation because the applicant filed it in person after judgment without leave under Order 9 Rule 9.
Kirera & 549 others v Central Bank of Kenya [2025] KEELRC 988 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to hear the Claimants' suit because the dispute concerning pension benefits falls within the exclusive jurisdiction of the Retirement Benefits Authority and the Retirement Benefits Appeals Tribunal, and the relevant legislation provides no further avenue for appeal to the ELRC or the High Court after a determination by the Tribunal.
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Archer & another v Archer & 2 others [2024] KEELC 7068 (KLR)
The court upheld a preliminary objection, finding counsel was not properly on record after judgment. The motion was struck out for noncompliance with Order 9 Rule 9.
Wanjiru v Kiambu County Goverment & another [2024] KEELC 6419 (KLR)
The court found that the applicant's Notice of Motion was not accompanied by a supporting affidavit, which is a mandatory requirement under Order 51 rule 4 of the Civil Procedure Rules. The absence of a supporting affidavit rendered the application incompetent, as it lacked the evidentiary basis required for the court to consider the reliefs sought. The court relied on established precedent that such a defect is not a mere technicality but a substantive flaw that cannot be cured. Consequently, the application was struck out for want of a supporting affidavit, and no orders as to costs were ma…
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Wangui & 4 others v NCBA Bank Kenya PLC [2024] KECA 1227 (KLR)
The Court of Appeal struck out an application to file a notice of appeal out of time because it was anchored on an appeal filed without a notice of appeal.
Obat v Obat & 4 others [2024] KECA 1021 (KLR)
The Court of Appeal struck out an application to revive an abated appeal and substitute legal representatives, finding it procedurally incompetent.
Republic v National Land Commission & another; Chief Land Registrar & 2 others (Interested Parties); Barua Estate Limited (Exparte) [2024] KELAT 1126 (KLR)
The tribunal dismissed a post-judgment motion for conservatory orders, holding that a stand-alone Notice of Motion without a substantive suit was fatally incompetent.
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