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Mwangi v Kihara & 10 others [2025] KEELC 5227 (KLR)
The court allowed substituted service for intended defendants in a land boundary dispute and dismissed the Plaintiff’s bid to strike out the defence.
Mtangi & 431 others v Zumzum Investments Limited [2025] KEELC 5260 (KLR)
The court dismissed an application to strike out a defence because a company director had allegedly been bankrupt, holding the plaintiffs lacked a basis to interfere with the defendant’s representation.
Maranga v Mwangi & 2 others [2025] KEELC 5130 (KLR)
The Environment and Land Court dismissed an application to strike out a further amended plaint, finding the land recovery claim was timely and mediation settlement should stand.
Buluma v Buluma & 2 others [2025] KEELC 4887 (KLR)
The court refused to strike out a late defence to a counter-claim, finding the delay caused no shown prejudice. The motion was dismissed with costs to the 1st Defendant.
Transafrica Motors Limited v County Government of Mombasa [2025] KEHC 9448 (KLR)
The court found that the plaintiff's suit was filed outside the three-year limitation period prescribed by section 3 of the Public Authorities Limitation Act. The cause of action accrued in May 2021, and the suit was filed in August 2024, making it statute-barred. The court held that ongoing negotiations or promises to pay by the defendant do not suspend or extend the statutory limitation period. The mandatory language of the statute required the court to strike out the suit as time-barred, regardless of the merits or the plaintiff's reasons for delay. The court relied on binding precedent an…
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Kenya Power and Lighting Company Ltd v Kaburia (Suing on behalf of the Estate of the Late Dennis Njeru Kaari) [2025] KEHC 9237 (KLR)
The High Court dismissed an application to strike out an appeal, finding the appellant had complied with leave conditions and that a slight delay in deposit was not fatal.
Esau & 14 others v Amiran Kenya Limited [2025] KEELRC 1828 (KLR)
The court found that the trial magistrate erred in striking out the appellants’ suit as res judicata because, under Section 47 of the Employment Act 2007, an employee’s right to complain to a Labour Officer is in addition to the right to file a suit in the Employment and Labour Relations Court for unfair termination. The settlement before the Labour Officer only resolved claims for notice pay and leave, not the full spectrum of statutory and contractual claims, including unfair termination. However, the court determined that the appeal itself was fatally defective, having been filed outside t…
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Omo & another v Maosa t/a Maosa & Co Advocates [2025] KEHC 9357 (KLR)
The court held that the High Court has jurisdiction over the matter, as the claim concerns the fiduciary duties of an advocate holding funds as a stakeholder in a property transaction, which falls within the exclusive jurisdiction of the High Court under the Advocates Act. The court found that the alleged defect in the supporting affidavit was not fatal, as it bore a commissioner for oaths stamp and any technical irregularity was curable under the Civil Procedure Rules and the Constitution. The grounds that the suit was frivolous, vexatious, malicious, or an abuse of the court process were fo…
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Ngula v Kuria & 2 others [2025] KEELC 4518 (KLR)
The court declined to strike out a defence and counterclaim for lack of a verifying affidavit, expunged late supplementary documents, and allowed amendment.
Sakwa & 3 others v County Government of Vihiga & 3 others [2025] KEELC 4560 (KLR)
The Environment and Land Court dismissed an appeal challenging the striking out of Kenya Roads Board as a defendant, finding no cause of action against it.
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