Kenya Case Law

Shah & Shah (Suing as the personal representative of the Estate of the Late Amritben Lakhamshi Shah) & another v Shambo & another

Shah & Shah (Suing as the personal representative of the Estate of the Late Amritben Lakhamshi Shah) & another v Shambo & another [2025] KEELC 5406 (KLR)

Court

Environment and Land Court

Case number

Land Case E351 of 2024

Judge

CG Mbogo

The court dismissed an application to strike out a land suit, holding that alleged ignorance of a defendant’s death and pleaded claims against the second defendant required trial.

• Striking Out Of Suit
• Misjoinder And Nonjoinder Of Parties
• Reasonable Cause Of Action
• Substitution Of Parties
• Estate Litigation
• Striking-out-of-suit

Omao v Omao & another

Omao v Omao & another [2025] KEELC 4097 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 93 of 2021

Judge

DO Ohungo

The court found that the applicants' contention that the Plaint discloses no reasonable cause of action was not based on the Plaint itself but on alleged subsequent developments, namely an affidavit and notice of withdrawal, which were denied by the respondent and not supported by any order on record. The court emphasized that, under Order 2 Rule 15(2) of the Civil Procedure Rules, such applications must be determined solely on the face of the pleadings and not on extraneous evidence. Since the Plaint had not been withdrawn and there was no order marking it as such, and because the applicatio…

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• Striking Out Of Pleadings
• Reasonable Cause Of Action
• Locus Standi
• Withdrawal Of Suit
• Land Registration Disputes

Lekupe & 2 others v County Government of Marsabit & 5 others; Lentilal & 6 others (Proposed Interested Parties)

Lekupe & 2 others v County Government of Marsabit & 5 others; Lentilal & 6 others (Proposed Interested Parties) [2025] KEELC 3277 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E003 of 2024

Judge

JO Mboya

A community must be registered under Section 7 of the Community Land Act, 2016, in order to have the locus standi to claim interest or rights over community land or to bring a suit on its behalf. An unregistered community is not a legal entity recognized under the Act for the purpose of litigating claims regarding community land, and therefore, individuals purporting to represent such a community lack the necessary locus standi and a reasonable cause of action.

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• Community Land Registration
• Locus Standi
• Reasonable Cause Of Action
• Fiduciary Duties Of County Government

Dokhole & another v Usinfecha & 5 others

Dokhole & another v Usinfecha & 5 others [2025] KEELC 3266 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 1 of 2023

Judge

JO Mboya

The Environment and Land Court dismissed the appeal, upholding findings that the suit was incompetent for lack of locus standi and was barred by res judicata.

• Res Judicata
• Locus Standi
• Reasonable Cause Of Action
• Letters Of Administration
• Joinder Of Parties
• Res-judicata

City & Style Homes Limited & 2 others v Sheikh & another

City & Style Homes Limited & 2 others v Sheikh & another [2024] KEELC 13973 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E183 of 2024

Judge

MD Mwangi

The Environment and Land Court at Nairobi stayed trial proceedings pending appeal, finding the application timely and the appeal arguable on capacity to sue and suit competence.

• Stay Of Proceedings
• Capacity To Sue
• Judicial Discretion
• Expeditious Disposal
• Reasonable Cause Of Action
• Stay-of-proceedings

Mwabalahe & 5 others v Bamahriz & another

Mwabalahe & 5 others v Bamahriz & another [2024] KEELC 13280 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 102 of 2018

Judge

SM Kibunja

The court dismissed an application to strike out a plaint, finding the plaintiffs had locus standi and had disclosed a reasonable cause of action over alleged unlawful alienation of public land.

• Locus Standi
• Public Land Alienation
• Reasonable Cause Of Action
• Allocation Of Public Land
• Locus-standi
• Public-land

Otieno v Omunya

Otieno v Omunya [2024] KEHC 13444 (KLR)

Court

High Court

Case number

Civil Appeal E011 of 2024

Judge

DK Kemei

The court found that the appellant's application, though styled as a preliminary objection, required the court to ascertain facts such as paternity, the nature of the relationship, and the existence of a parental responsibility agreement. Since these matters could not be determined purely on points of law, the application did not meet the threshold for a preliminary objection. Furthermore, the court held that striking out a suit is a drastic remedy reserved for cases where the suit is hopeless and cannot be salvaged by amendment. In this case, the pleadings raised triable issues that required…

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• Striking Out Of Pleadings
• Preliminary Objection
• Reasonable Cause Of Action
• Abuse Of Court Process

Ndungu & 2 others v Patrick & 5 others

Ndungu & 2 others v Patrick & 5 others [2024] KEELC 7014 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit E009 of 2024

Judge

JO Mboya

The court found that the 3rd to 6th Defendants/Applicants were not parties or privy to the sale agreement forming the basis of the suit, having only signed as witnesses in their official capacities as directors of the 2nd Defendant. The doctrine of privity of contract and the principle of corporate personality dictate that only the parties to a contract can sue or be sued upon it, and company directors acting in their official capacity cannot be held personally liable for company actions. The Plaintiffs failed to demonstrate any direct or personal claim against the 3rd to 6th Defendants, and…

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• Joinder And Misjoinder Of Parties
• Privity Of Contract
• Company Directors Liability
• Sale Of Land
• Reasonable Cause Of Action

Mutitu Water Project Self Help Group v Mutitu Water and Sanitation Co. Ltd

Mutitu Water Project Self Help Group v Mutitu Water and Sanitation Co. Ltd [2024] KEHC 12848 (KLR)

Court

High Court

Case number

Civil Suit E004 of 2023

Judge

DKN Magare

The court found that the defendant's application to strike out the suit did not meet the threshold under Order 2 Rule 15 of the Civil Procedure Rules. The grounds advanced by the defendant were matters of evidence that go to the root of the suit and are best determined at trial, not at the interlocutory stage. The court emphasized that the power to strike out pleadings should be exercised sparingly and only in clear and obvious cases. Since the plaintiff's pleadings disclosed triable issues and did not amount to an abuse of process, the application was devoid of merit and was dismissed. The c…

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• Striking Out Of Pleadings
• Abuse Of Court Process
• Reasonable Cause Of Action
• Security For Costs

Kimitei v Kimitei & 2 others

Kimitei v Kimitei & 2 others [2024] KEELC 6237 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E008 of 2024

Judge

EO Obaga

The Environment and Land Court struck out the suit against the 2nd and 3rd defendants for lack of a reasonable cause of action and awarded them costs.

• Joinder Of Parties
• Reasonable Cause Of Action
• Striking Out Pleadings
• Trespass
• Succession Disputes
• Joinder-of-parties