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Kenya decisions
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In re Estate of the Late King Arap Talam Simon [2025] KEHC 10501 (KLR)
The High Court dismissed applications seeking stay, review, and revocation of a confirmed grant, finding they re-litigated issues already decided and were barred by res judicata and delay.
Mastajabu (Suing as the Legal Administrator of the Estate of the Late Mastajabu Athumani Suleiman ) & another v Chief Land Registrar, Kwale & 3 others [2025] KECA 1319 (KLR)
The Court of Appeal upheld dismissal of a land suit as res judicata, holding the National Land Commission had no mandate over private land and its later decision could not reopen settled ownership disputes.
Mwiwawi & 2 others v Registrar & another; Isangawishi Group Ranch (Interested Party) [2025] KECA 1296 (KLR)
The Court of Appeal held that the appellants' application for extension of time to file a Reference against taxation was not res judicata the earlier application, as the prior order was made in exercise of judicial discretion and not on the merits. However, the appellants failed to provide a plausible and satisfactory explanation for the five-month delay in seeking extension of time, as required by law. The Court found no basis to interfere with the trial judge's exercise of discretion in declining the application for extension of time. Consequently, the appeal was dismissed, and the ruling a…
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Nyambura & 3 others v Independent Electoral and Boundaries Commission & 5 others; Kimando (Interested Party) [2025] KEHC 10457 (KLR)
The High Court held that while the Sports Disputes Tribunal has exclusive jurisdiction over sports governance and administrative compliance matters, it does not have jurisdiction to determine constitutional violations or grant constitutional remedies. The doctrine of res judicata does not bar the present petition because the constitutional issues raised—namely, violations of Articles 27, 38, and 47—could not have been determined by the Tribunal. The Court found that the dual-signature requirement in Regulation 4 of the NOC-K Election Rules and Regulations 2025, as applied, created direct disc…
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In re Estate of Lusila Wairu Waweru (Deceased) [2025] KEHC 10359 (KLR)
The court held that the notice to produce the email correspondence between Emmanuel and his advocates could not be granted. The communication is protected by advocate/client privilege under Sections 134 and 137 of the Evidence Act, and the exceptions to this privilege—such as communications made in furtherance of an illegal purpose or where a crime or fraud has been committed—were not established in this case. Furthermore, the court found that the issue of ownership of Plot 8103 had already been conclusively determined in previous rulings, rendering the matter res judicata under Section 7 of…
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Ndeda v Otieno [2025] KEELC 5398 (KLR)
The court found that the plaintiff had established a prima facie case for adverse possession, as his occupation of the suit property since 2010 was uncontested and with the defendant's knowledge. The court held that the plaintiff would suffer irreparable harm if evicted before his claim is determined. The court rejected the defendant's arguments on res judicata, noting that the lower court struck out the adverse possession claim for want of jurisdiction, so it was not heard and determined on the merits. The court also found that the suit was not sub-judice, as there was no other pending suit…
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Odhiambo & another v Kenya Medical Training College & another [2025] KEELRC 2100 (KLR)
The court found that the petitioners had voluntarily signed reinstatement letters that expressly set out the terms of their return to employment, including the surcharges and forfeiture of salary for the period out of duty. The dispute had already been settled by a consent order in a previous petition, making the current petition res judicata. The court held that the petitioners were estopped from denying the terms they had accepted and that there was no evidence of undue influence or constitutional violations. Furthermore, the petitioners failed to exhaust the internal grievance procedures p…
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Mbuthi v Muoki & 2 others [2025] KEELC 5351 (KLR)
The court found that the preliminary objection raised by the Defendants did not meet the threshold of a pure point of law as established in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd. The issues of whether the Plaintiff purchased the land, altered agreements, or whether there are pending or previously determined suits involve contested facts that require evidence and cannot be determined at the preliminary objection stage. On the issue of res judicata, the court held that claims based on trespass are continuing causes of action, and each fresh act of trespass gives rise…
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Karani & 2 others v Karani & 2 others; Murage & another (Intended Defendant) [2025] KEELC 5341 (KLR)
The court found that the doctrine of res judicata did not apply because the previous suit involved different parties and issues, specifically a buyer-seller dispute rather than a claim based on customary trust. The Applicants established locus standi as beneficiaries and long-term occupants of the land, with their claim anchored in customary trust rather than succession law. The court held that the joinder of Patrick Githinji Murage and the Land Registrar was necessary for a comprehensive adjudication, as their interests and roles were directly implicated in the dispute. Leave to amend the pl…
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Cheriro v Kimeto [2025] KEHC 10240 (KLR)
The High Court dismissed an injunction application in a succession appeal, holding that the dispute over subdivided estate land should be pursued in the Environment and Land Court.
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