Kenya Case Law

Wakhungu v Milembe Investment Plc & another

Wakhungu v Milembe Investment Plc & another [2025] KEHC 8746 (KLR)

Court

High Court

Case number

Commercial Appeal E344 of 2023

Judge

AB Mwamuye

The High Court found that the appellant's application under Order 22 Rule 35 was properly brought, as the decree remained unsatisfied and the appellant was entitled to seek information regarding the judgment debtor's assets. The magistrate erred by dismissing the application without substantive analysis, thereby frustrating the appellant's right to execution and access to justice. However, the court held that the appellant did not provide sufficient evidence to justify piercing the corporate veil at this stage, as Kenyan law requires clear proof of fraud or misuse of the corporate form, which…

Source excerpt

• Execution Of Decrees
• Corporate Veil Piercing
• Oral Examination Of Directors
• Judgment Enforcement
• Recusal Of Judicial Officer

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

Tuwei & another v Maritim & 2 others

Tuwei & another v Maritim & 2 others [2025] KEHC 2015 (KLR)

Court

High Court

Case number

Family Appeal E003 of 2023

Judge

JRA Wananda

The Court granted the stay of proceedings in the Kadhi's Court because the Appellants demonstrated an arguable appeal based on the Kadhi's refusal to recuse himself despite an alleged conflict of interest and potential violation of the right to be heard, and because staying proceedings would preserve the estate and prevent potential complications and costs of undoing actions if the appeal were successful.

Source excerpt

• Succession Proceedings
• Stay Of Proceedings
• Recusal Of Judicial Officer
• Grant Of Letters Of Administration
• Distribution Of Estate

Koinange & another v Royal Gardens Limited

Koinange & another v Royal Gardens Limited [2025] KEELC 111 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E098 of 2022

Judge

AA Omollo

The Environment and Land Court dismissed an appeal challenging a tribunal ruling on recusal, finding no demonstrated bias and holding the ex parte orders did not by themselves show impropriety.

• Recusal Of Judicial Officer
• Ex Parte Injunctions
• Locus Standi
• Controlled Tenancy Disputes
• Recusal-of-judicial-officer
• Ex-parte-injunctions

Waimiri v Muhoro & 2 others

Waimiri v Muhoro & 2 others [2025] KEHC 280 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E021 of 2023

Judge

DKN Magare

The High Court at Nyeri dismissed a miscellaneous application for stay, stay of proceedings, and recusal, holding it lacked jurisdiction in that form.

• Jurisdiction Of High Court
• Miscellaneous Applications
• Stay Of Execution
• Recusal Of Judicial Officer
• Jurisdiction
• Stay-of-execution

Kariuki alias Karis Stano Baro Kimeu Waruguyu v Republic

Kariuki alias Karis Stano Baro Kimeu Waruguyu v Republic [2025] KEHC 660 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E220 of 2023

Judge

AM Muteti

The High Court dismissed an application to transfer a criminal case, finding no cogent proof of bias. Denial of bail and an adjournment did not justify transfer.

• Transfer Of Criminal Cases
• Judicial Bias
• Forum Shopping
• Bail And Bond
• Recusal Of Judicial Officer
• Transfer-of-criminal-cases

PPRK (Suing as a Next Friend to JK and FAK Minor) v AK

PPRK (Suing as a Next Friend to JK and FAK Minor) v AK [2024] KEHC 16082 (KLR)

Court

High Court

Case number

Civil Appeal E086 of 2024

Judge

LM Njuguna

The High Court at Embu stayed proceedings in a children’s matter pending appeal, but declined to bar the magistrate or transfer the case.

• Stay Of Proceedings
• Judicial Bias
• Recusal Of Judicial Officer
• Children Custody And Maintenance
• Stay-of-proceedings
• Judicial-bias

Mose v Republic

Mose v Republic [2024] KEHC 14056 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E016 of 2024

Judge

LN Mutende

The High Court dismissed an application to recuse the trial magistrate in a defilement case, finding no proven bias, conflict, or impropriety.

• Recusal Of Judicial Officer
• Right To Fair Trial
• Disclosure Of Evidence
• Judicial Bias
• Recusal-of-judicial-officer
• Right-to-fair-trial

Sanya (Suing as the Administrator of the Estate of Rairo Ongolo alias Samson Rairo Ongolo - Deceased) v Rairo & 2 others

Sanya (Suing as the Administrator of the Estate of Rairo Ongolo alias Samson Rairo Ongolo - Deceased) v Rairo & 2 others [2024] KEELC 6844 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 3 of 2024

Judge

AY Koross

The recusal of the only competent magistrate at Madiany Law Courts to hear environment and land matters rendered it impossible for the suit to proceed at that station. The court, exercising its supervisory jurisdiction under Article 165 of the Constitution and its statutory power under Section 18 of the Civil Procedure Act, determined that it was in the interests of justice to transfer the suit to another court with competent jurisdiction. Bondo Law Courts was identified as the most proximate and suitable forum, minimizing inconvenience and expense to the parties. The court found that the req…

Source excerpt

• Transfer Of Suits
• Supervisory Jurisdiction
• Recusal Of Judicial Officer
• Jurisdiction Of Courts

Sanya (Suing as the Administrator of the Estate of Samson Rairo Ongolo alias Rairo Ongolo - Deceased) v Rairo & 2 others

Sanya (Suing as the Administrator of the Estate of Samson Rairo Ongolo alias Rairo Ongolo - Deceased) v Rairo & 2 others [2024] KEELC 6858 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 2 of 2024

Judge

AY Koross

The court found that, following the recusal of the only competent magistrate at Madiany Law Courts, there was no other judicial officer with jurisdiction to hear environment and land matters at that station. In the interests of justice and to avoid undue expense and inconvenience to the parties, the court exercised its supervisory jurisdiction under Article 165 of the Constitution and statutory powers under Section 18 of the Civil Procedure Act to transfer the suit to Bondo Law Courts, which is geographically proximate and appropriate for trial and final disposal. The court emphasized that th…

Source excerpt

• Transfer Of Suits
• Supervisory Jurisdiction
• Recusal Of Judicial Officer
• Jurisdiction Of Courts