Kenya Case Law

Kerario v Masero (Enviromental and Land Originating Summons 9 of 2017)

Kerario v Masero (Enviromental and Land Originating Summons 9 of 2017) [2026] KEELC 4665 (KLR) (22 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 9 of 2017

Judge

["FO Nyagaka"]

The stay of execution granted on 7th May 2025 was conditional and self-executing: failure to deposit Kshs. 350,000 within 30 days caused it to lapse automatically. Because the Applicant moved the court months after the period had expired, there was no subsisting order to extend or review, and the court was functus officio in relation to those terms. The motion was therefore incompetent and had to be dismissed.

Source excerpt

• Stay of execution
• Conditional orders
• Security for costs
• Extension of time
• Review
• Functus officio

Simiyu & another v Charamba & another

Simiyu & another v Charamba & another (Environment and Land Miscellaneous Application E006 of 2026) [2026] KEELC 4287 (KLR) (29 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E006 of 2026

Judge

["AK Bor"]

The court found no basis to extend time or grant stay because the applicants failed to demonstrate that the amended judgment introduced new substantive findings or altered the judgment beyond what was sought in the correction letter, which merely pointed to an erroneous inclusion of a withdrawn claim. The application therefore lacked merit.

Source excerpt

• Extension of time to appeal
• Stay of execution
• Stay of proceedings
• Review
• Slip rule
• Amendment of judgment

Kemama & another (Suing as Personal Representative of the Estate of Amadeo Raymond Kemama - Deceased) v Guangxi Hydroelectric Construction Bureau Kenya Ltd

Kemama & another (Suing as Personal Representative of the Estate of Amadeo Raymond Kemama - Deceased) v Guangxi Hydroelectric Construction Bureau Kenya Ltd (Environment and Land Case E001 of 2024) [2026] KEELC 4323 (KLR) (29 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E001 of 2024

Judge

["JO Mboya"]

The application failed because the Applicants did not prove any recognized ground for setting aside a consent order, the res judicata objection was unfounded, and the reliefs sought were internally contradictory and incapable of implementation while a defence remained on record. The court found the advocate acted within authority and the alleged lack of material facts was unsubstantiated.

Source excerpt

• Consent orders
• Setting aside consent judgment
• Review
• Res judicata
• Advocate authority
• Ex parte judgment

Gumba v Faulu Microfinance & another

Gumba v Faulu Microfinance & another (Civil Appeal E093 of 2022) [2026] KEHC 8460 (KLR) (12 June 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E093 of 2022

Judge

["ACA Ong’injo"]

The applicant failed to show any prejudice, sufficient cause, or practical purpose that would be served by setting aside the earlier ruling; the dispute had already been comprehensively determined and the court could not grant orders in vain.

Source excerpt

• Setting aside orders
• Review
• Notice of delivery of ruling
• Service of submissions
• Discretion of the court
• Dismissal with costs

Kimundui & another v Macharia & 2 others

Kimundui & another v Macharia & 2 others (Environment and Land Case 737 of 2017) [2026] KEELC 3246 (KLR) (28 May 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case 737 of 2017

Judge

["JA Mogeni"]

The applicants did not sufficiently explain their substantive failure to comply with court directions issued on 22/07/2025, and the alleged technical hitch on the hearing date was only the final manifestation of prior dilatoriness. The motion also lacked a clear legal anchor. In those circumstances, the court declined to exercise discretion to set aside or review the dismissal because doing so would undermine finality and prejudice respondents entitled to enjoy the judgment.

Source excerpt

• Setting aside dismissal
• Review
• Virtual hearing technical hitch
• Non-compliance with court directions
• Res judicata
• Finality of litigation

Wekesa t/a Timpech Auctioneers v Wanyama & 4 others

Wekesa t/a Timpech Auctioneers v Wanyama & 4 others (Environment and Land Miscellaneous Application E033 of 2025) [2026] KEELC 3164 (KLR) (11 May 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E033 of 2025

Judge

["AK Bor"]

The court accepted the Respondents' explanation that they went to the wrong court when the matter was called on 22/1/2026 and found that this justified interfering with the proceedings in order to afford them a hearing. It therefore set aside the proceedings of 22/1/2026 and allowed them time to file their response.

Source excerpt

• Setting aside proceedings
• Review
• Service of process
• Right to be heard
• Leave to file replying affidavit
• Access to justice

In re Estate of Samuel Njoroge Muiruri (Deceased)

In re Estate of Samuel Njoroge Muiruri (Deceased) (Succession Cause 2532 of 2004) [2026] KEHC 5513 (KLR) (Family) (30 April 2026) (Ruling)

Court

High Court

Case number

Succession Cause 2532 of 2004

The High Court dismissed two interlocutory applications in a succession cause, holding they were barred by res judicata, time-barred, and an abuse of process.

• Res judicata
• Review
• Consent orders
• Finality of litigation
• Production of documents
• Succession-law

In re Estate of the Late Iraya Kabaiko (Deceased)

In re Estate of the Late Iraya Kabaiko (Deceased) (Succession Cause 130 of 2008) [2026] KEHC 5437 (KLR) (28 April 2026) (Ruling)

Court

High Court

Case number

Succession Cause 130 of 2008

The High Court dismissed an application for review in a succession cause, holding that no error apparent on the record was shown and that estate accounting remained mandatory.

• Review
• Contempt of court
• Administration of estates
• Accounting by personal representatives
• Succession-law
• Review-applications

Mjomba & 39 others v Attorney General & 3 others

Mjomba & 39 others v Attorney General & 3 others (Petition 8 of 2016 & 10 of 2021 (Consolidated)) [2026] KEELRC 1039 (KLR) (23 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition 8 of 2016

The court dismissed an application to change advocates, review a dismissal order, and reinstate a long-pending petition, finding no basis for review and no sufficient cause.

• Functus officio
• Review
• Change of advocate
• Abuse of process
• Laches
• Access to justice

Bodha v Abdi

Bodha v Abdi (Civil Appeal E002 of 2026) [2026] KEHC 5351 (KLR) (22 April 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E002 of 2026

The High Court at Marsabit dismissed a preliminary objection against an appeal from a Kadhi’s review ruling, holding it raised no pure point of law.

• Preliminary objection
• Appeals
• Review
• Jurisdiction
• Abuse of process
• Preliminary-objection