Kenya Case Law

Marete & 2 others v Kinyua (Sued as the Legal representative of the Estate of Patrick Kinyua Iringo - Deceased)

Marete & 2 others v Kinyua (Sued as the Legal representative of the Estate of Patrick Kinyua Iringo - Deceased) [2025] KECA 1003 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E034 of 2021

Judges

JW Lessit, A Ali-Aroni, GV Odunga

Court of Appeal allowed an appeal after finding the High Court overlooked submissions already on record, making its refusal to review an error on the face of the record.

• Review Of Judgment
• Error On Face Of Record
• Rectification Of Land Register
• Substantive Justice
• Failure To Consider Submissions
• Review-of-judgment

Hatari Security Guards Limited v Akhonya

Hatari Security Guards Limited v Akhonya [2025] KEELRC 870 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E035 of 2023

Judge

JW Keli

The trial magistrate erred by prioritizing technicalities related to the e-filing system and the failure to file a formal memorandum of appearance over the substantive fact that the appellant had filed a defense within the stipulated time and provided their advocate's details, and the claimant's advocates were aware of the filed defense, thereby preventing the case from being heard on its merits and occasioning a miscarriage of justice contrary to the principles of substantial justice.

Source excerpt

• Setting Aside Ex Parte Judgment
• Efiling Procedures
• Service Of Process
• Mistake Of Advocate
• Substantive Justice
• Default Judgment

Chesika & 4 others v Kisika & 7 others

Chesika & 4 others v Kisika & 7 others [2025] KEELC 66 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E007 of 2023

Judge

CK Nzili

The Environment and Land Court at Kitale reinstated a dismissed appeal, finding the appellants had shown sufficient cause for non-attendance and no prejudice was shown.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Judicial Discretion
• Order 42 Rule 35 Cpr
• Substantive Justice
• Delay And Explanation

Amoth & 2 others v Duncan & 10 others

Amoth & 2 others v Duncan & 10 others [2024] KEELC 1340 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2023

Judge

AY Koross

The Environment and Land Court dismissed an appeal against orders allowing survey, boundary confirmation, and joinder of West Kenya Sugar Company.

• Joinder Of Parties
• Boundary Disputes
• Affidavit Requirements
• Substantive Justice
• Costs Orders
• Joinder-of-parties

Muasya v Pembe Flour Mills Limited

Muasya v Pembe Flour Mills Limited [2024] KEELRC 422 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E459 of 2023

Judge

J Rika

The court declined a request to hear the claim by formal proof, admitted the respondent’s late response, and awarded costs for the procedural breach.

• Late Filing Of Response
• Formal Proof
• Procedural Rules
• Substantive Justice
• Late-filing-of-response
• Formal-proof

Co-operative Bank of Kenya v Otuoma

Co-operative Bank of Kenya v Otuoma [2024] KEHC 704 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E004 of 2023

Judge

PJO Otieno

The High Court at Kakamega set aside a dismissal for non-attendance and reinstated the bank’s application, finding it had already been argued through filed submissions.

• Setting Aside Orders
• Dismissal For Non Attendance
• Court Discretion
• Substantive Justice
• Setting-aside-orders
• Dismissal-for-non-attendance

Afikasa Real Estate Limited v Scorpio Enterprises Limited

Afikasa Real Estate Limited v Scorpio Enterprises Limited [2023] KEELC 22395 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1 of 2020

Judge

FM Njoroge

The court found that although the defendant had delayed in filing its documents and failed to attach the proposed documents to the application, this was the first formal application for leave to file out of time, and the hearing on the merits had not commenced. The court emphasized that substantive justice should prevail over procedural technicalities, especially where the delay could be compensated by costs and no irreparable prejudice would be suffered by the plaintiff. The court exercised its discretion to allow the defendant to file its documents, noting that the dispute required a full a…

Source excerpt

• Late Filing Of Documents
• Pre Trial Directions
• Leave Of Court
• Counterclaim Procedure
• Case Management
• Substantive Justice

Mabachi & 2 others v Land Registrar, Busia & 2 others

Mabachi & 2 others v Land Registrar, Busia & 2 others [2023] KEELC 20362 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 28 of 2015

Judge

BN Olao

The court declined to expunge the 3rd defendant’s late-filed statement and documents, finding no prejudice to the plaintiffs and awarding costs.

• Late Filing Of Documents
• Expunging Evidence
• Prejudice To Parties
• Substantive Justice
• Late-filing-of-documents
• Expunging-evidence

Matola v Odessy International Limited

Matola v Odessy International Limited [2023] KEELRC 2260 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 67 of 2019

Judge

BOM Manani

The court declined to strike out the suit over a defective verifying affidavit, struck out the affidavit instead, and ordered the claimant to file a fresh one within 14 days.

• Verifying Affidavit
• Striking Out Pleadings
• Procedural Irregularity
• Substantive Justice
• Verifying-affidavit
• Striking-out-pleadings

Reliable Freight Services Ltd v Meditereeanean Shipping Company S A & another

Reliable Freight Services Ltd v Meditereeanean Shipping Company S A & another [2023] KEHC 21070 (KLR)

Court

High Court

Case number

Civil Suit 594 of 2000

Judge

DKN Magare

The High Court reviewed an earlier order, reinstated Kenya Ports Authority as a party, and directed that the suit proceed afresh.

• Review Of Court Orders
• Setting Aside Orders
• Reopening Case
• Substantive Justice
• Arbitration Reference
• Joinder Of Parties