Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Leitich v Mwangi [2025] KECA 1279 (KLR)
The Court of Appeal dismissed a fresh application for conservatory orders, holding that after a non-attendance dismissal the proper course was reinstatement under rule 58, not repeated filings.
In re Estate of Mwanaisha Njeri (Deceased) [2025] KEHC 9868 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the prolonged delay of over eight years between the dismissal of her revocation application and the filing of the present application for reinstatement. The court held that the applicant's reliance on the alleged mistake of her former counsel was insufficient, as parties are required to demonstrate diligence in prosecuting their cases. The court further noted that the substantive issue of ownership of the disputed asset falls outside the jurisdiction of the probate court and should be determined by the Environ…
Source excerpt
Kariuki t/a Direct Auctioneers v Sheracco Savings & Credit Society Limited & 2 others [2025] KEELRC 1869 (KLR)
The court found that the 2nd and 3rd Respondents and their counsel had established a pattern of non-attendance, having failed to appear on three separate occasions, including at the taxation ruling, the hearing for adoption of the certificate of costs, and the hearing of their own application for stay of execution. The court held that the absence was neither inadvertent nor excusable, but rather an established practice. Consequently, the court declined to reinstate the application, emphasizing that repeated non-attendance cannot be justified by counsel's error, especially where it forms a pat…
Source excerpt
African Global Expertise Limited (Sued as Agex Group Gasoko (African Global Expertise)) v Karera [2025] KEELRC 1853 (KLR)
The ELRC dismissed an application to reinstate a stayed application and to obtain stay of execution, finding no sufficient cause and unexplained delay.
Katuga v Omuga & 5 others [2025] KEELC 4685 (KLR)
The Environment and Land Court in Mombasa reinstated a dismissed application after accepting that a technical hitch prevented attendance at a virtual hearing.
Ngige (Suing as the Personal Representative of David Mahugu Thondu) ((Suing as the Personal Representative of David Mahugu Thondu)) v Kariuki & 4 others [2025] KEELC 4496 (KLR)
The court reinstated a dismissed motion after finding the applicant’s delay and counsel’s virtual-hearing absence were reasonably explained and caused no prejudice.
Ochieng (Suing on his Behalf and on the Behalf of the Residents of Gem Central Location) & another v Ministry of Interior and Coordination of National Government & another [2025] KECA 919 (KLR)
The Court of Appeal reinstated an application dismissed for non-attendance after accepting counsel’s explanation of virtual hearing connectivity problems and prompt filing.
Kabuito Contractors Limited v Attorney General [2025] KECA 898 (KLR)
The Court of Appeal restored a dismissed application after finding counsel’s non-appearance on the hearing date was sufficiently explained and not his fault.
Sairowua v Olorgeso & another [2025] KEELC 3964 (KLR)
The court found that the 2nd Defendant/Applicant's application to set aside the dismissal order was properly before the court under Sections 1A, 1B, and 3A of the Civil Procedure Act, which empower the court to facilitate just and proportionate resolution of disputes and to prevent abuse of process. The omission to attach the formal dismissal order was deemed a procedural technicality not fatal to the application, in line with Article 159(2)(d) of the Constitution and Order 51 Rule 10(2) of the Civil Procedure Rules. The court acknowledged that while the explanation for non-attendance (intern…
Source excerpt
Kiwasi (Suing in Her Capacity as the Personal Representative of Harry Kitao Stephens) v TPS Eastern Africa Limited [2025] KEELRC 1307 (KLR)
The court set aside a dismissal for non-attendance after accepting that virtual-hearing technology problems explained the respondent’s absence and reinstated the application.
Explore more
