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Kenya decisions
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Ethics and Anti-Corruption Commission v Njuguna & 4 others [2025] KEELC 5153 (KLR)
The court struck out the 5th defendant’s defence and counterclaim for raising no triable issue, but declined to order eviction before ownership is finally determined.
Aberdare Wire Products Limited v Tarmal Wire Products Limited [2025] KECA 1154 (KLR)
The Court of Appeal dismissed an application for stay of execution pending appeal, finding the appeal arguable but not shown to be nugatory in a monetary decree.
Kevian Kenya Limited v Retail Synergy Limited [2025] KEHC 5881 (KLR)
The High Court allowed an appeal against striking out a defence, holding that procedural timelines should not override a fair hearing where triable issues existed.
Kubondo v Cannon Assurance Company Limited [2024] KECA 1323 (KLR)
The Court of Appeal dismissed a second appeal challenging refusal to strike out an insurer’s defence, holding that triable issues on policy cover and statutory notice required trial.
Ethics & Anti-Corruption Commission v Mukuria & 7 others [2024] KEHC 11283 (KLR)
The High Court dismissed and struck out multiple defendant applications seeking review of prior orders, and found one evidentiary challenge premature at the pre-trial stage.
Ukulima Co-operative Savings Litd v Omollo [2024] KECPT 1390 (KLR)
The Tribunal dismissed an application to strike out a defence and enter judgment on admission, finding the defence showed intent to contest the claim and the alleged admission was ambiguous.
Directline Assurance Company Limited v Ngele (Suing as the Administrator of the Estate of Luka Amuli – Deceased) [2024] KEHC 8233 (KLR)
The High Court dismissed Directline Assurance’s appeal, upholding the striking out of its defence in a declaratory suit over motor vehicle third-party liability.
Mabuu v National Hospital Insurance Sacco Society Limited [2024] KECPT 957 (KLR)
The Tribunal found that the respondent's statement of defence, while generally denying the claimant's claim, raised a material issue regarding the amount of deposits the claimant was entitled to be refunded. The Tribunal held that the question of the correct amount of refunds is a bona fide triable issue that requires further interrogation and evidence at trial. Accordingly, the Tribunal concluded that the defence could not be struck out at this stage, as it was not a sham and did raise a triable issue. The application to strike out the defence was therefore dismissed, and the matter was dire…
Source excerpt
Atieno v Metropolitan National Sacco Ltd [2024] KECPT 915 (KLR)
The Cooperative Tribunal declined to strike out a Sacco’s defence and enter judgment for the claimant, directing the dispute to proceed by written submissions.
Bharat Vinod Bhuta t/a Usha Merchandise v Muhoroni Sugar Company Ltd (In Receivership) [2024] KEHC 7243 (KLR)
The High Court at Kisumu struck out the defendant’s defence for non-compliance with directions and entered judgment for the plaintiff for Kshs.27,655,704.
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