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Kenya decisions
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Njoroge v Muinami & another [2025] KEELC 5442 (KLR)
The Environment and Land Court granted a stay of execution pending appeal after the respondent said she intended to dissolve the trust, which could render the appeal nugatory.
Ngugi & 16 others v Safaricom PLC [2025] KEELRC 2130 (KLR)
The ELRC reviewed its earlier judgment and corrected the gross salaries used to compute notice pay and compensation for the claimants, except the 2nd claimant.
Ambani v Akatinda [2025] KEHC 10228 (KLR)
The court found that the Appellant was properly served with all relevant court documents and had multiple opportunities to present his case, including the Settlement Agreement. The Settlement Agreement did not qualify as new and important evidence because the Appellant had it in his possession prior to judgment and failed to exercise due diligence in presenting it. The application for review was also filed outside the statutory thirty-day period without leave of court, rendering it incompetent. The court held that the legal threshold for review under Section 41 of the Small Claims Court Act w…
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Kenya Engineering Workers Union v Empire Glass Industries Limited [2025] KEELRC 2095 (KLR)
The court found that the grounds advanced by the respondent for review did not amount to an error apparent on the face of the record, as the judgment had already determined the issue of simple majority based on the correct number of unionisable employees. The alleged new evidence regarding coercion of employees was irrelevant to the findings of the original judgment and constituted a new cause of action. Furthermore, the application for review was filed over five months after the judgment without any explanation for the delay, rendering it untimely. The court concluded that the application fa…
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In re Estate of Josphat Irungu Kanyi (Deceased) [2025] KEHC 10360 (KLR)
The court held that the application for review and stay of execution was barred by the doctrine of res judicata, as the issues raised had already been conclusively determined in the judgment of 18/10/2019 and the ruling of 3/12/2024. There was no appeal from the judgment, and no new facts had been discovered to warrant review under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules. The court emphasized that review is not a substitute for appeal and cannot be used to re-litigate points of law or fact already decided. The court further found that the question of th…
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Ongati & 3 others v Nyambarora & another [2025] KEELC 5397 (KLR)
The Environment and Land Court dismissed a post-judgment application for joinder, review, setting aside, and injunction over a land dispute, finding no exceptional basis or proof of the applicants’ claim.
Nyingi v Thuita [2025] KEELC 5135 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the grant of stay of execution or review of the judgment. The delay of approximately four months in filing the application was unexplained. The applicant's claim that her former advocates were negligent and failed to present evidence did not constitute a ground for review, as the record showed the applicant's advocate elected not to call any witnesses. The court emphasized that the obligation to follow up on the progress of litigation rests with the client, and any negligence by the advocate gives rise to a separate…
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Muthuri & another t/a Karibu Drapers v Kimathi & 3 others [2025] KEELC 5088 (KLR)
The court dismissed an application to review its earlier appeal judgment and admit criminal-case findings as additional evidence, holding the conviction was not yet final.
Emojong v Henkel Chemicals (EA) [2025] KEELRC 2015 (KLR)
The court partly reviewed its judgment, excluding Kshs. 85,000 for notice pay already settled, but rejected review of the July 2017 salary award.
Njoroge & another (Suing as Administrators of the Estate of Njoroge Ngugi) v Haji; Four Quad Residence Limited (Intended Defendant) [2025] KEELC 5084 (KLR)
The court held that while the law permits review of judgments and joinder of parties in certain circumstances, the intended 2nd defendant/applicant failed to demonstrate that it met the threshold for either. The applicant did not provide evidence that the plaintiffs/respondents were aware of its interest or that there was material non-disclosure sufficient to warrant review. The decision to sue rests with the plaintiff, and the applicant, being a stranger to the suit, has no automatic right of joinder post-judgment, especially where the plaintiffs have no claim against it. The court found ind…
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