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Kenya decisions
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Abed v Ali [2025] KECA 1323 (KLR)
Court of Appeal dismissed an appeal over a “house without land” dispute, holding the deceased’s interest formed part of his estate and the appellant got no valid title.
Kaguni v Gitau [2025] KEBPRT 290 (KLR)
The Tribunal found that the Respondent's notice of Preliminary Objection did not meet the strict legal threshold for a preliminary objection, as it raised issues that required the consideration of facts and evidence, such as the existence and effect of consent orders, the service and challenge of a termination notice, and the alleged bad faith of the Applicant. The Tribunal emphasized that a preliminary objection must be based solely on points of law, not on contested factual matters. Since the Respondent did not accept the Applicant's pleaded facts and the determination of the issues would n…
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Masters Sweet Limited v Oshwal Education and Relief Board [2025] KEHC 1282 (KLR)
The High Court dismissed an appeal over termination of a canteen licence, holding the appellant had not strictly proved special damages or wrongful retention of property.
Mamboleo v Kang’ethe [2025] KEBPRT 263 (KLR)
The Tribunal found that the present suit is res judicata because the issues, parties, subject matter, and reliefs sought are identical to those in BPRT Case no E740 of 2021, which was conclusively determined by the Tribunal and affirmed on appeal. The Tenant, whether under the name James Mamboleo or Antony Ogato Mamboleo, was in occupation of the same premises and challenged the same termination notice. The Tribunal held that the Tenant's attempt to relitigate the matter constituted an abuse of process, as all the requirements for res judicata were satisfied: identity of subject matter, parti…
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Arki Company Limited v All Africa Conference of Churches [2025] KEBPRT 34 (KLR)
The Tribunal dismissed a landlord’s bid to shorten a vacate deadline, holding that review grounds were not shown, but allowed enforcement if the tenant stayed past 31 January 2025.
Ahmed & 4 others v Nur [2024] KEELC 13785 (KLR)
The court found that both the Notice of Motion application for stay of execution and the subsequent appeal were unprocedural due to non-compliance with mandatory procedural requirements, specifically the failure to file a notice of appeal within the prescribed timelines. The court held that the appellants did not demonstrate sufficient cause for the grant of stay, nor did they satisfy the conditions set out under Order 42 Rule 6 of the Civil Procedure Rules. The court emphasized that procedural rules regarding the institution of appeals are clear and mandatory, and non-compliance cannot be ex…
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Muisyo & another v County Government of Nairobi & another [2024] KEELC 13749 (KLR)
The court found that the dispute between the Petitioners and Respondents arose from a tenancy agreement, making it a contractual matter rather than a constitutional one. The Petitioners failed to meet the threshold for a constitutional petition as established in Anarita Karimi Njeru v Republic, having not set out with reasonable precision the constitutional provisions allegedly infringed and the manner of infringement. The court emphasized the doctrine of constitutional avoidance, holding that where alternative remedies exist, such as ordinary civil proceedings for contractual disputes, the c…
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Adolwa v Evangelical Lutheran Church in Kenya [2024] KEELC 13397 (KLR)
The Environment and Land Court at Kisumu dismissed an application for stay and setting aside of a tribunal ruling, holding that the request would effectively determine the appeal prematurely.
Mirumbi v Karisa [2024] KEELC 7405 (KLR)
The court found that the applicant satisfied the conjunctive requirements for stay of execution pending appeal: the application was made promptly, substantial loss was demonstrated as the applicant risked eviction and loss of livelihood, and the applicant expressed readiness to provide security. The court held that security for due performance is mandatory and ordered the applicant to deposit KES 150,000 in a joint escrow account within 30 days as a condition for stay. The court exercised its discretion not to award costs, noting the absence of opposition and the interests of justice. The cha…
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Kungu v Gichuhi & another [2024] KECPT 1537 (KLR)
The Tribunal allowed a tenant’s unopposed application to review and set aside a dismissal order after counsel’s absence was explained by illness, and reinstated the reference.
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