Kenya Case Law

Trustees of Kenya Ports Authority Pension Scheme v Nairobi City Council & another

Trustees of Kenya Ports Authority Pension Scheme v Nairobi City Council & another [2023] KEELC 286 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 932 of 2016

Judge

OA Angote

The court found that the 2nd Defendant was sued both in her official capacity as Member of County Assembly and in her individual capacity, and that the Plaintiff's pleadings and evidence established a direct and real interest and right of relief against her. The court held that the 2nd Defendant was a necessary party to the proceedings, as her involvement was central to the issues in dispute, including the alleged incitement and mobilization of the public to trespass on the Plaintiff's land. The court further noted that the matter had already proceeded to hearing, with the Plaintiff presentin…

Source excerpt

• Joinder Of Parties
• Trespass To Land
• Removal Of Parties
• Temporary Occupation Licence

Pamba v Kenya Hospital Association for and on behalf of the Nairobi Hospital & another

Pamba v Kenya Hospital Association for and on behalf of the Nairobi Hospital & another [2022] KEELRC 3874 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E614 of 2020

Judge

Nzioki wa Makau

The court dismissed an application to strike out the 2nd respondent, holding that the Employment Act’s definition of employer could include agents and that the pleadings disclosed a live issue.

• Joinder Of Parties
• Liability Of Agents
• Employment Relationship
• Wrongful Termination
• Fiduciary Duties
• Removal Of Parties

Gilbert Gitari Bore & Omari Marijan Omari v Kenya Urban Roads Authority, Administrator – Chuka Township, County Government of Tharaka Nithi & Hyper Constructions & Equipment Company Ltd

Gilbert Gitari Bore & Omari Marijan Omari v Kenya Urban Roads Authority, Administrator – Chuka Township, County Government of Tharaka Nithi & Hyper Constructions & Equipment Company Ltd [2021] KEELC 2863 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1 of 2020

Post-judgment ruling allowing the plaintiffs to execute an unappealed judgment and limiting costs to the 1st and 4th defendants after two defendants were removed by consent.

• Judgment Execution
• Removal Of Parties
• Award Of Costs
• Judgment-execution
• Costs
• Removal-of-parties

Bernard Itumo Mungai, David Kasyaku Tuva,Kaveke Mbwika, Joyce Maluni Muia, Munini Matolo, Damian Kyengo Mwangangi,Boniface Mbelenzu Mulwa & Joseph Nzetu Katue v Paul Kimakon, Joseph Selelo Mututua, Jonathan Mututua Kituli & Masengot Ole Mututua Siringet

Bernard Itumo Mungai, David Kasyaku Tuva,Kaveke Mbwika, Joyce Maluni Muia, Munini Matolo, Damian Kyengo Mwangangi,Boniface Mbelenzu Mulwa & Joseph Nzetu Katue v Paul Kimakon, Joseph Selelo Mututua, Jonathan Mututua Kituli & Masengot Ole Mututua Siringet [2020] KEELC 2786 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 457 of 2017

The court found that the proposed amendments to the Originating Summons were necessary to correct errors and clarify the issues for determination. The removal of the 1st, 3rd, and 7th plaintiffs did not compromise the cause of action or prejudice the respondents. The court held that the delay in seeking amendment was not, by itself, a sufficient ground to refuse leave, especially since the amendments did not introduce a new cause of action. The court emphasized that procedural technicalities should not override substantive justice, and that the respondents would have the opportunity to respon…

Source excerpt

• Amendment Of Pleadings
• Originating Summons
• Limitation Of Actions
• Removal Of Parties