Kenya Case Law

Gami Properties Limited v Chief Land Registrar & another; National Land Commission & 2 others (Interested Parties)

Gami Properties Limited v Chief Land Registrar & another; National Land Commission & 2 others (Interested Parties) [2025] KEELC 4783 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E154 of 2024

Judge

TW Murigi

The Environment and Land Court struck out the 2nd Interested Party, holding it had no identifiable stake in the indemnity dispute and was improperly joined.

• Joinder Of Parties
• Striking Out Parties
• Overlapping Titles
• Indemnity Claims
• Procedural Irregularity
• Joinder-of-parties

Kirima & another v Mungania

Kirima & another v Mungania [2025] KEHC 7223 (KLR)

Court

High Court

Case number

Commercial Case E401 of 2024

Judge

PM Mulwa

The High Court declined to strike out Plaintiffs’ filings for a late Notice of Change of Advocates, treating the omission as a curable procedural irregularity.

• Notice Of Change Of Advocates
• Striking Out Pleadings
• Procedural Irregularity
• Right To Counsel
• Notice-of-change-of-advocates
• Striking-out-pleadings

Kenya Human Rights Commission & 8 others v Nchebere; Law Society of Kenya & 2 others (Interested Parties)

Kenya Human Rights Commission & 8 others v Nchebere; Law Society of Kenya & 2 others (Interested Parties) [2025] KEHC 6884 (KLR)

Court

High Court

Case number

Judicial Review Application E082 of 2024

Judge

RE Aburili

The court found that the respondent was properly served with court process both physically and via official email, as evidenced by affidavits of service and acknowledgment by rubber stamp at his office. The respondent did not object to the late filing of the applicants' replying affidavits at the earliest opportunity and participated in proceedings without protest, thereby waiving any objection. The court held that objections to late filing must be raised promptly and that the slight delay in filing did not cause prejudice. The court further held that service on public officials may be effect…

Source excerpt

• Service Of Process
• Right To Fair Hearing
• Setting Aside Judgment
• Judicial Discretion
• Procedural Irregularity

City Manager, County Government of Kenya & 3 others v Manyala & 3 others (Suing as Members of Kibuye Traders)

City Manager, County Government of Kenya & 3 others v Manyala & 3 others (Suing as Members of Kibuye Traders) [2025] KEELC 3854 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E001 of 2025

Judge

E Asati

The Environment and Land Court struck out a miscellaneous application seeking to vary orders made in an existing petition, holding it was procedurally improper and abusive.

• Abuse Of Court Process
• Review Of Court Orders
• Procedural Irregularity
• Abuse-of-court-process
• Review-of-court-orders
• Procedural-irregularity

Nthenge v Mwasaru & 3 others (Sued in Their Capacities as Office Bearers of Ushirika Boma Welfare Society); Mwasaru & 3 others (Sued in Their Capacities as Office Bearers of Ushirika Boma Welfare Society) (Plaintiff to the Counterclaim); Nthenge & 6 others (Defendant to the Counterclaim)

Nthenge v Mwasaru & 3 others (Sued in Their Capacities as Office Bearers of Ushirika Boma Welfare Society); Mwasaru & 3 others (Sued in Their Capacities as Office Bearers of Ushirika Boma Welfare Society) (Plaintiff to the Counterclaim); Nthenge & 6 others (Defendant to the Counterclaim) [2025] KEELC 3539 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 148 of 2018

Judge

AY Koross

The court found that the plaintiff failed to comply with the procedural requirements for change of advocates post-judgment, as there was no evidence of service of the motion on the administrator or the firm of F.M. Mulwa Advocate. The court further held that the only ground advanced for review—alleged error or mistake due to representation by an advocate not properly on record—was not substantiated, as the record showed that F.M. Mulwa Advocate remained on record and R.K. Mutua Advocate's involvement was either as holding brief or as part of the same firm, except for submissions which were pr…

Source excerpt

• Review Of Judgment
• Change Of Advocates
• Functus Officio
• Procedural Irregularity
• Representation Of Parties

Omache v Republic

Omache v Republic [2025] KEHC 5617 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E059 of 2025

Judge

DR Kavedza

The court held that the Criminal Procedure Code does not provide for a motion to arrest judgment in subordinate courts, and the applicant failed to demonstrate any exceptional or compelling reasons to warrant the High Court's intervention. The applicant did not raise any complaint of bias or seek recusal during the trial, nor did he provide evidence of reconciliation or withdrawal of the complaint. The application was found to be an attempt to pre-empt the trial court's judgment without valid legal basis. Accordingly, the application to arrest judgment was dismissed in its entirety.

Source excerpt

• Arrest Of Judgment
• Recusal Of Judicial Officer
• Fair Trial Rights
• Procedural Irregularity

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 14 others v Dessra Ventures Limited

Bakery, Confectionery, Food Manufacturing and Allied Workers Union & 14 others v Dessra Ventures Limited [2025] KEELRC 1255 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E1064 of 2023

Judge

AK Nzei

The court reviewed and quashed its earlier ruling striking out the suit, finding the omitted Recognition Agreement was sufficient reason to reinstate the claim.

• Recognition Agreement
• Review Of Court Orders
• Reinstatement Of Suit
• Locus Standi
• Procedural Irregularity
• Review-of-court-orders

Waweru v Seke & 3 others; Mundia & others (Interested Party)

Waweru v Seke & 3 others; Mundia & others (Interested Party) [2025] KEELC 3452 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 91 of 2011

Judge

AY Koross

The court found that the preliminary objection did not meet the legal threshold as it raised contested matters of fact requiring evidence, not pure points of law. On the substantive motion, the court held that the consent judgment entered on 27/4/2022 was irregular, unlawful, and a nullity because it was entered without the knowledge, concurrence, or participation of the 3rd and 4th defendants or their counsel. The right to a fair hearing is fundamental, and adverse orders cannot be made against parties who were not heard or represented. The court relied on binding precedent that a consent ju…

Source excerpt

• Setting Aside Consent Judgment
• Right To Fair Hearing
• Procedural Irregularity
• Joinder And Participation

Shah & another v Govani; Jaff (Third party)

Shah & another v Govani; Jaff (Third party) [2025] KEELC 3320 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1468 of 2013

Judge

AK Bor

The Environment and Land Court declined to deliver judgment in one of two consolidated suits, directing that both files be remitted for reallocation and a fresh hearing.

• Case Consolidation
• Procedural Irregularity
• Allocation Of Judge
• Case-consolidation
• Civil-procedure
• Environment-and-land-court

Kenya Naional Private Security Workers Union v Patriotic Group of Companies

Kenya Naional Private Security Workers Union v Patriotic Group of Companies [2025] KEELRC 933 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E006 of 2023

Judge

ON Makau

The exparte judgment was irregular because the claimant failed to effect proper service of pleadings and summons to enter appearance on the corporate respondent in accordance with the mandatory requirements of Rule 12 of the ELRC Procedure Rules 2016 by using electronic means without obtaining prior leave of the court.

Source excerpt

• Service Of Process
• Setting Aside Judgment
• Ex Parte Judgment
• Electronic Service
• Procedural Irregularity