Muthoni & another v Muhuhi & 3 others [2025] KEHC 17011 (KLR)
Court
High Court
Case number
Miscellaneous Civil Application E005 of 2025
Judge
DKN Magare
The High Court struck out a miscellaneous application challenging a magistrate’s land ruling, holding that the dispute belonged before the proper forum and the procedure used was wrong.
Muthoni & another v Muhuhi & 3 others [2025] KEHC 2087 (KLR)
Court
High Court
Case number
Miscellaneous Civil Application E005 of 2025
Judge
DKN Magare
The High Court lacks jurisdiction to consider a miscellaneous application challenging a decision of the Chief Magistrate's court concerning a land dispute, as such matters are reserved for the Environment and Land Court and the proper procedures for challenging court decisions are via review or appeal.
Kenya Railways Corporation v Brecade Limited & another [2024] KEELC 5794 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Miscellaneous Case E061 of 2024
Judge
OA Angote
The Environment and Land Court held it had supervisory jurisdiction and directed the magistrate’s court to hear pending review applications before enforcing warrants of arrest.
The High Court at Siaya dismissed an application for revision of conviction and sentence, holding there was no basis to interfere and ordering the offender to serve the sentence.
The High Court set aside a magistrate’s taxation ruling on an auctioneer’s bill, holding that taxation should have been stayed pending a motion to set aside the ex parte judgment.
Simon Kiregi Maruku v Philip Kiregi Maruku [2019] KEHC 6673 (KLR)
Court
High Court
Case number
Civil Appeal 112 of 1993
Judge
J Ngaah
The court held that the appeal was incompetent due to the absence of a certified copy of the order appealed from, as required by section 79G of the Civil Procedure Act and Order 42 of the Civil Procedure Rules. Even if the appeal were properly before the court, the grounds advanced for review did not meet the legal threshold under Order 44 (now Order 45) of the Civil Procedure Rules, as there was no new and important evidence, nor an error apparent on the face of the record. The issue of the award being filed out of time was not new and could have been raised earlier. The court further clarif…
Osman Ibrahim Bako v Republic [2017] KEHC 8979 (KLR)
Court
High Court
Case number
Criminal Revision 441 of 2017
Judge
LK Kimaru
The High Court dismissed an application to review an extension of time for a criminal trial and refused to revisit its earlier denial of bail pending trial.
Nates & Associates v Harrison Mulwa & Magdaline Mulwa [2014] KEHC 125 (KLR)
Court
High Court
Case number
Miscellaneous Civil Application 275 of 2011
Judge
BT Jaden
The High Court struck out an application challenging a magistrate’s assessment of advocate-client costs, holding that the proper remedy lay before the same court.
DANIEL DELA AMEGA V REPUBLIC [2006] KEHC 3174 (KLR)
Court
High Court
Case number
? 539 of 2005
Judge
MSA Makhandia
The High Court declined to vary bail terms for a Ghanaian accused facing serious theft and forgery charges, holding the magistrate’s bond conditions were reasonable.