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Kenya Case Law

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Civil Procedure [2025] KEELC 5244 (KLR)

Muntukei v Magana Holdings Limited & another

Muntukei v Magana Holdings Limited & another [2025] KEELC 5244 (KLR)

The court struck out a review application against dismissal of a suit, holding it was filed under the wrong procedure and should have been brought under Order 17 rule 6.

  • Review Of Dismissal
  • Wrong Provision Of Law
  • Reinstatement Of Suit
  • Notice To Show Cause
  • Review-of-dismissal
  • Dismissal-for-want-of-prosecution
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Civil Procedure [2025] KEELC 3978 (KLR)

Venture Holdings Limited v Kivuka (for the Estate of Grace Wanjiku Koni)

Venture Holdings Limited v Kivuka (for the Estate of Grace Wanjiku Koni) [2025] KEELC 3978 (KLR)

The Environment and Land Court set aside an earlier dismissal for non-attendance, accepted illness as sufficient cause, and reinstated the suit, with costs awarded to the defendant.

  • Setting Aside Orders
  • Review Of Dismissal
  • Non Attendance Of Witness
  • Court Discretion
  • Res Judicata
  • Costs Award
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Civil Procedure [2025] KEHC 5032 (KLR)

Maingi v Murimi

Maingi v Murimi [2025] KEHC 5032 (KLR)

The court found that the summary dismissal of the appeal was erroneous because the applicant had, in fact, been granted leave to file the appeal out of time, but failed to attach the order granting such leave to the record. The omission was a genuine mistake and not an act of negligence. The court held that sufficient cause had been demonstrated for review of its earlier order, and that justice required the applicant not be shut out on account of a procedural lapse. The application for review was therefore allowed, the dismissal set aside, and the appeal reinstated. Each party was ordered to…

  • Extension Of Time
  • Leave To Appeal Out Of Time
  • Review Of Dismissal
  • Sufficient Cause
  • Costs Discretion
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Employment And Labour [2024] KEELRC 1454 (KLR)

Karioki v Teachers Service Commission

Karioki v Teachers Service Commission [2024] KEELRC 1454 (KLR)

The court held that the claim was filed outside the three-year limitation period and that a later review request did not renew time. The preliminary objection was sustained.

  • Limitation Of Actions
  • Termination Of Employment
  • Disciplinary Proceedings
  • Review Of Dismissal
  • Temporal Jurisdiction
  • Employment-law
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Civil Procedure [2021] KEELC 1211 (KLR)

Ann Nyaguthi Kamau, Simon Mwangi Weru, Idah Nyaguthi Muhiu v Zubera Njuguna & Shafi Grewal Kaka

Ann Nyaguthi Kamau, Simon Mwangi Weru, Idah Nyaguthi Muhiu v Zubera Njuguna & Shafi Grewal Kaka [2021] KEELC 1211 (KLR)

The court allowed a motion to review and reinstate a dismissed application after counsel’s late attendance was explained by a vehicle breakdown.

  • Review Of Dismissal
  • Reinstatement Of Application
  • Expeditious Disposal
  • Court Inherent Powers
  • Review-of-dismissal
  • Reinstatement-of-application
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Civil Procedure [2020] KEHC 3290 (KLR)

Nyachoti & Co Advocates v Giriama Ranching Co Ltd

Nyachoti & Co Advocates v Giriama Ranching Co Ltd [2020] KEHC 3290 (KLR)

The court found that the applicant's failure to attend court on 20th November 2019 was due to an inadvertent misdiarization of the date, which constituted a reasonable and excusable mistake. The court held that the issue of whether a retainer existed between the advocate and client was central to the taxation of costs and should be determined on its merits before the taxation proceeds. The court emphasized that the actions or omissions of counsel should not be visited on the client, and that denying a party a hearing should be a last resort. Applying the overriding objective and relevant lega…

  • Setting Aside Orders
  • Review Of Dismissal
  • Taxation Of Costs
  • Advocate Client Relationship
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Employment And Labour [2019] KEELRC 75 (KLR)

Kenya Plantation & Agricultural Workers Union (K.P.A.W.U) v Kionyo Tea Factory

Kenya Plantation & Agricultural Workers Union (K.P.A.W.U) v Kionyo Tea Factory [2019] KEELRC 75 (KLR)

The court dismissed a review application after holding that the underlying claim was time-barred under section 90 of the Employment Act and could not be revived.

  • Limitation Periods
  • Review Of Dismissal
  • Service Of Process
  • Conciliation Procedure
  • Employment-law
  • Limitation-periods
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Civil Procedure [2019] KEELC 4503 (KLR)

Patrick Musa Katiku v Regina Ngii Tumbo, Francis Mutisya Tumbo & Christopher Musembi Mutiso

Patrick Musa Katiku v Regina Ngii Tumbo, Francis Mutisya Tumbo & Christopher Musembi Mutiso [2019] KEELC 4503 (KLR)

The court set aside a dismissal entered after non-attendance, accepting that counsel likely mis-diarized the hearing date and reinstated the suit for hearing.

  • Setting Aside Orders
  • Review Of Dismissal
  • Reinstatement Of Suit
  • Misdiarization Of Dates
  • Setting-aside-dismissal
  • Reinstatement-of-suit
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Employment And Labour [2018] KEELRC 586 (KLR)

Patrick Menge Maragia v Kenya Kazi Services Limited

Patrick Menge Maragia v Kenya Kazi Services Limited [2018] KEELRC 586 (KLR)

The court dismissed an application to review or vary a dismissal order, holding that settlement talks and alleged counsel mistake did not excuse non-compliance with court orders.

  • Unfair Dismissal
  • Summary Dismissal
  • Non Compliance With Court Orders
  • Review Of Dismissal
  • Mistake Of Counsel
  • Employment-law
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Administrative Law [2014] KEHC 7096 (KLR)

Republic v The District Land Registrar, Uasin Gishu & E.A.C.C. I.P. Chemey Investments Ltd

Republic v The District Land Registrar, Uasin Gishu & E.A.C.C. I.P. Chemey Investments Ltd [2014] KEHC 7096 (KLR)

The High Court set aside a dismissal for non-attendance in a judicial review matter, accepted the advocate’s explanation for absence, and reinstated the application.

  • Judicial Review Procedure
  • Setting Aside Orders
  • Non Attendance
  • Review Of Dismissal
  • Court Discretion
  • Judicial-review
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.