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Muatha v Mwikya & another [2025] KEELC 5441 (KLR)
The Environment and Land Court declined to reinstate a suit dismissed for want of prosecution, finding it had abated after the plaintiff’s death and had become moot.
Shah & Shah (Suing as the personal representative of the Estate of the Late Amritben Lakhamshi Shah) & another v Shambo & another [2025] KEELC 5406 (KLR)
The court dismissed an application to strike out a land suit, holding that alleged ignorance of a defendant’s death and pleaded claims against the second defendant required trial.
Mwangi v Kamande & another [2025] KECA 1312 (KLR)
The Court of Appeal directed the applicant to file a further affidavit with missing documents before it could consider an extension-of-time application in a succession appeal.
Salim v Muhaji & another [2025] KECA 1294 (KLR)
The Court of Appeal held that the applicant failed to demonstrate that the intended appeal raised any matter of general public importance warranting certification to the Supreme Court under Article 163(4)(b) of the Constitution. The issues identified by the applicant did not arise from the impugned ruling, which merely struck out the applicant's motion for injunctive relief due to the abatement of the underlying suit, not the substantive appeal itself. The court found that the matters sought to be raised before the Supreme Court were not based on a judicial determination in the courts below,…
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Ruiru v Kionge & another [2025] KEELC 5423 (KLR)
The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.
Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs) [2025] KEELC 5325 (KLR)
The court dismissed applications to revive and reinstate an abated suit, finding the applicants failed to show sufficient cause for nearly six years’ delay.
Gekara v Gekara & 3 others [2025] KEELC 5224 (KLR)
The court struck out a motion to let the applicant testify, holding it was res judicata because a prior ruling had already rejected reopening the defence case.
Republic v Nairobi County Government; Jaribu Credit Traders Limited (Ex parte Applicant) [2025] KEHC 10259 (KLR)
The court held that the substitution of Mr. Patrick Analo with Mr. Godfrey Akumali as the contemnor in the contempt proceedings is necessary for the proper administration of justice. The rationale is that contempt proceedings are institutional in nature and target the office responsible for compliance with court orders, not the individual personally. Since Mr. Analo no longer holds the position of Acting County Secretary, he cannot be held responsible for ensuring compliance with the court's orders. The current office holder, Mr. Akumali, is the appropriate person to be held accountable. The…
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Mwaniki & another v Kamara & 2 others [2025] KECA 1236 (KLR)
The Court of Appeal at Nyeri allowed an application to extend time and substitute a deceased appellant after delay in obtaining letters of administration ad litem.
Njoroge v Kamau [2025] KEELC 5136 (KLR)
The court found that the deceased defendant died on 26th June, 2021, and judgment was delivered on 28th April, 2022, less than one year after death. Under Order 24 Rule 4 of the Civil Procedure Rules, abatement only occurs if no substitution is made within one year. Since judgment was delivered within ten months, the suit had not abated. The deceased had participated in the proceedings, filed pleadings, and testified. The court further held that execution could proceed against the estate, as substitution and abatement rules do not apply to execution. The applicants failed to demonstrate lack…
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