Kenya Case Law

Murundo v Amugune

Murundo v Amugune [2025] KEELC 5275 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E012 of 2024

Judge

E Asati

The appellate court found that the trial court did not err in setting aside the ex parte judgment in its ruling of 9th April 2024, as the respondent's affidavit sufficiently outlined the nature of his defence and the court properly exercised its discretion in the interest of justice, compensating the appellant with thrown away costs. However, the trial court erred in its subsequent ruling of 27th August 2024 by allowing the respondent to file a defence and set the suit down for hearing while the ex parte judgment had already been reinstated due to the respondent's non-compliance with the earl…

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• Setting Aside Ex Parte Judgment
• Service Of Process
• Affidavit Requirements
• Proprietary Interest Disputes

Marianne Center Foundation v Mutoro

Marianne Center Foundation v Mutoro [2025] KEELRC 2041 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E171 of 2024

Judge

JW Keli

The court found that the appellant failed to demonstrate sufficient cause for setting aside the ex parte judgment, as there was no draft defence on record or disclosure of triable issues before the trial court. The court held that the absence of a draft defence or any indication of a bona fide triable issue meant there was no basis to interfere with the trial court's exercise of discretion. The court further noted that the issue of the contract being signed only by the claimant was not raised before the trial court and could not be introduced for the first time on appeal. The principles gover…

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• Setting Aside Ex Parte Judgment
• Default Judgment
• Triable Issues
• Mistake Of Counsel
• Draft Defence Requirement

Durahard Limited v Mbarak & 3 others

Durahard Limited v Mbarak & 3 others [2025] KEELC 5058 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E043 of 2023

Judge

YM Angima

The court set aside an ex parte judgment after finding substituted service may have been missed and the draft defence raised triable issues.

• Setting Aside Ex Parte Judgment
• Substituted Service
• Service Of Process
• Right To Be Heard
• Setting-aside-ex-parte-judgment
• Substituted-service

Clegane Horizons Ltd v Mazel Investment Company Limited & 2 others

Clegane Horizons Ltd v Mazel Investment Company Limited & 2 others [2025] KEHC 9743 (KLR)

Court

High Court

Case number

Civil Appeal E1076 of 2024

Judge

JN Mulwa

The High Court declined to stay Milimani CMCC No. E3649 of 2023 pending appeal, finding no sufficient basis to halt the trial proceedings.

• Stay Of Proceedings
• Setting Aside Ex Parte Judgment
• Judicial Discretion
• Appeals Process
• Stay-of-proceedings
• Setting-aside-ex-parte-judgment

Wesonga v Thuo

Wesonga v Thuo [2025] KEHC 9544 (KLR)

Court

High Court

Case number

Civil Appeal E041 of 2024

Judge

A Mabeya

The High Court set aside an ex parte judgment after finding a reasonable explanation for non-participation and that quantum raised a triable issue.

• Setting Aside Ex Parte Judgment
• Service Of Process
• Right To Be Heard
• Judicial Discretion
• Setting-aside-ex-parte-judgment
• Civil-procedure

Laikipia University College v Kibia (Suing as the Legal Representative of the Estate of Peter Maina Mwaura (Deceased))

Laikipia University College v Kibia (Suing as the Legal Representative of the Estate of Peter Maina Mwaura (Deceased)) [2025] KEHC 9600 (KLR)

Court

High Court

Case number

Civil Appeal E022 of 2023

Judge

LN Mutende

The High Court allowed an appeal against dismissal of an application to set aside an ex parte judgment, finding a triable defence and misdirection on the law.

• Setting Aside Ex Parte Judgment
• Service Of Process
• Triable Issues
• Fatal Accidents Claims
• Setting-aside-ex-parte-judgment
• Service-of-process

Lekaram & another v Onyiego

Lekaram & another v Onyiego [2025] KECPT 344 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 46.E084 of 2024

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The tribunal found that the applicant failed to provide a credible or satisfactory explanation for the delay in filing the application to set aside the ex-parte judgment. The applicant's assertion that his previous counsel failed to act was deemed an internal matter not substantiated before the tribunal. The tribunal further held that the draft defence did not raise any triable issues, consisting only of bare denials without substantive response to the claimants' allegations. The tribunal emphasized the need for expeditious and efficient disposal of cases in line with the overriding objective…

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• Setting Aside Ex Parte Judgment
• Overriding Objective
• Loan Guarantees
• Default And Recovery

Bwanamzee & another (Suing for and on Behalf of the Estate of Bwanamzee Mohamed – Deceased) v Ready Consultancy Company Limited & another

Bwanamzee & another (Suing for and on Behalf of the Estate of Bwanamzee Mohamed – Deceased) v Ready Consultancy Company Limited & another [2025] KEELRC 1908 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E023 of 2025

Judge

M Mbarũ

The court found that although the 2nd respondent was properly served and failed to respond in time, they presented credible evidence of having paid Ksh. 3,406,216 to the applicants as full and final settlement, which the applicants failed to disclose in their original application. The omission of this material fact justified the court's intervention to set aside the ex parte judgment in order to meet the ends of justice. The court exercised its discretion to allow the 2nd respondent to file a response, emphasizing that judicial discretion must be exercised judiciously and not arbitrarily. The…

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• Setting Aside Ex Parte Judgment
• Compensation For Fatal Injury
• Discharge Voucher
• Burial Expenses
• Service Of Process
• Judicial Discretion

Njuguna & another (Suing as the Legal Representative of the Estate of Benson Kimani Muchohi - Deceased) v Sarbor Enterprises

Njuguna & another (Suing as the Legal Representative of the Estate of Benson Kimani Muchohi - Deceased) v Sarbor Enterprises [2025] KEHC 9215 (KLR)

Court

High Court

Case number

Civil Case 143 of 2019

Judge

TW Ouya

The court found that the defendant was properly served with summons to enter appearance through substituted service, as personal service was impracticable and the court had granted leave for service by advertisement in the Daily Nation. The defendant's argument that not everyone reads the newspaper was rejected as insufficient to invalidate service. The court held that the interlocutory judgment entered was regular and valid. However, upon examining the draft defence, the court determined that it raised triable issues, including denial of negligence and claims of contributory negligence, whic…

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• Setting Aside Ex Parte Judgment
• Service Of Summons
• Substituted Service
• Triable Issues
• Negligence Claims

Chemao v Maina

Chemao v Maina [2025] KEELC 4967 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E036 of 2024

Judge

EC Cherono

The Environment and Land Court dismissed an appeal against refusal to set aside ex parte judgment, holding the appellant had not diligently pursued the case.

• Setting Aside Ex Parte Judgment
• Default Judgment
• Access Road Disputes
• Duty Of Litigant
• Advocate Negligence
• Land Registration