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Kenya decisions
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Mwinzi v Wagtech Africa Limited [2025] KEELRC 2146 (KLR)
The Employment and Labour Relations Court dismissed an appeal against a ruling admitting late-filed defence pleadings, finding no prejudice and no basis to interfere.
Mwangi v Chege & 5 others [2025] KEELC 5381 (KLR)
The court found that although the appeal and submissions were filed one day late, the delay was not inordinate or deliberate and was occasioned by circumstances beyond the applicant's control, including delay in obtaining typed proceedings and technical difficulties. The court held that it retains discretion under Sections 79G and 95 of the Civil Procedure Act to admit documents out of time where sufficient cause is shown. The doctrine of functus officio does not preclude the court from exercising this discretion in procedural matters, especially where the right to be heard is at stake and no…
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Nyakundi v Kwena & 2 others [2025] KEELC 5319 (KLR)
The Environment and Land Court dismissed an appeal over eviction from land, finding no error in the lower court’s hearing process and no basis to disturb the judgment.
Githukurio v Mungai (The Legal Representative of Stephen Mungai Waita) & 3 others [2025] KECA 1277 (KLR)
The Court of Appeal held that the appellant, not being a party to the original Land Disputes Tribunal or subsequent court proceedings, had no effective statutory remedy to challenge the award or its adoption as a court judgment, as the time for appeal or judicial review had lapsed before he became aware of the proceedings. The court found that the doctrine of exhaustion of alternative remedies does not bar a constitutional petition where statutory remedies are inadequate or illusory, especially where the petition alleges violation of fundamental rights such as the right to property and fair h…
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Wagah v Mwai [2025] KEELC 5249 (KLR)
The appellate court found that the trial court did not err in dismissing the application for summary judgment, as the defence raised bona fide triable issues, including a boundary dispute and denial of encroachment, which required determination at trial. The court affirmed that summary judgment is a draconian remedy reserved for clear cases with no defence, and the presence of a plausible defence necessitates a full hearing. However, the appellate court held that the dismissal of the suit for non-attendance was not justified, as counsel for the appellant was present in the morning holding bri…
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Mainye v Nyagaka [2025] KEELC 5206 (KLR)
The court allowed an appeal against refusal to set aside ex parte proceedings, holding the appellant acted promptly and should not be punished for counsel’s mistake.
Maganga v Jenebys Enterprises Limited [2025] KEELRC 2004 (KLR)
The court set aside an interlocutory judgment after finding the affidavit of service was defective and service of summons had been irregular.
Njango & another v Kinuthia & another [2025] KEELC 5269 (KLR)
The Environment and Land Court allowed defendants to file a replying affidavit out of time, finding no prejudice to the plaintiffs and emphasizing the right to be heard.
Kamaria v Speaker, County Assembly of Embu & 2 others [2025] KEHC 9869 (KLR)
The court held that it is bound by the Supreme Court and Court of Appeal precedents requiring judicial restraint in matters involving ongoing legislative processes, such as impeachment proceedings against a County Executive Committee Member. The court found that the facts as pleaded did not demonstrate an obvious or imminent violation of the petitioner's constitutional rights that would justify intervention at this stage. The impeachment process was being conducted in accordance with the procedures set out in Section 40 of the County Governments Act and the relevant Standing Orders, which pro…
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Durahard Limited v Mbarak & 3 others [2025] KEELC 5058 (KLR)
The court set aside an ex parte judgment after finding substituted service may have been missed and the draft defence raised triable issues.
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