Kenya Case Law

Assets Recovery Agency & another v Munyota & another; Ncba Bank & 7 others (Interested Parties)

Assets Recovery Agency & another v Munyota & another; Ncba Bank & 7 others (Interested Parties) [2025] KEHC 9890 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E004 of 2025

Judges

LM Njuguna, AG Njuguna

The court found that the applicant had established on a balance of probabilities that the respondent acquired the subject properties and assets using proceeds from drug trafficking and related criminal conduct. The respondent failed to provide credible evidence of legitimate sources of income, business records, or tax compliance, and her explanations regarding the acquisition of assets were unsupported by evidence. The court held that the evidential burden had shifted to the respondent, who did not discharge it. The interests of the interested parties, including financiers and sellers, did no…

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• Asset Forfeiture
• Proceeds Of Crime
• Money Laundering
• Third Party Rights
• Burden Of Proof
• Drug Trafficking

Airwave Real Estate Limited v Mwaura & 2 others

Airwave Real Estate Limited v Mwaura & 2 others [2025] KEELC 4916 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E118 of 2024

Judge

JA Mogeni

The court found that the applicant failed to satisfy the requirements for grant of stay of execution pending appeal as set out in Order 42 Rule 6 of the Civil Procedure Rules. Specifically, the applicant did not demonstrate substantial loss that would result if stay was not granted, nor did the applicant provide evidence of third parties who would be affected by execution of the decree. The court was not persuaded that the intended appeal was arguable or that it would be rendered nugatory if stay was denied. The court also noted that the applicant had not fulfilled the conditions of providing…

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• Stay Of Execution
• Appeals Process
• Jurisdiction Of Courts
• Ex Parte Judgment
• Third Party Rights
• Substantial Loss

Samoei & 2 others v Githinji & 2 others

Samoei & 2 others v Githinji & 2 others [2025] KEELC 3369 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E048 of 2024

Judge

CK Yano

The court dismissed an interlocutory injunction application over disputed land, finding no prima facie case, no proven irreparable harm, and no balance of convenience in the applicants’ favor.

• Injunctive Relief
• Ownership Disputes
• Burden Of Proof
• Third Party Rights
• Interlocutory-injunction
• Land-ownership-dispute

Assets Recovery Agency v Kini; Al-Alyaan Motors Limited (Interested Party)

Assets Recovery Agency v Kini; Al-Alyaan Motors Limited (Interested Party) [2025] KEHC 3297 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E008 of 2024

Judge

LM Njuguna

The High Court ordered forfeiture of motor vehicle KCV 894V to the Assets Recovery Agency, finding it was acquired through proceeds of narcotics trafficking.

• Asset Forfeiture
• Money Laundering
• Proceeds Of Crime
• Third Party Rights
• Hire Purchase Disputes
• Burden Of Proof

Eden Developers Limited v China Zhongxing Construction Company Limited

Eden Developers Limited v China Zhongxing Construction Company Limited [2024] KECA 1476 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E029 of 2020

Judges

AK Murgor, KI Laibuta, GV Odunga

The Court of Appeal held that a debt claim was not the same as the suit property, so an interim injunction over the property was unjustified and the appeal succeeded.

• Arbitration Agreements
• Interim Measures
• Injunctions
• Third Party Rights
• Mareva Injunctions
• Contractual Debt

In re Estate of Adriano Nthiga Thangari (Deceased)

In re Estate of Adriano Nthiga Thangari (Deceased) [2024] KEHC 8913 (KLR)

Court

High Court

Case number

Succession Cause 175 of 2015

Judge

LM Njuguna

The court held that it has jurisdiction in a succession cause to order cancellation of titles and reversion of estate property to the deceased's name, as this is necessary to give effect to its earlier revocation of the grant. The respondent's argument that third parties should be heard was rejected on the basis that such parties should have been joined during the annulment proceedings, not at this stage. The court found that the application was properly brought under Rule 49 of the Probate and Administration Rules, and that the interests of justice required granting the orders sought to pres…

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• Revocation Of Grant
• Cancellation Of Title
• Jurisdiction Of High Court
• Estate Preservation
• Third Party Rights

Chepchirchir v Kiprono

Chepchirchir v Kiprono [2024] KEELC 1716 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 37 of 2017

Judge

MC Oundo

The Environment and Land Court dismissed an application to attach and sell land allegedly transferred to the respondent’s sons, finding the properties were registered to third parties.

• Execution Of Decrees
• Attachment Of Property
• Matrimonial Property
• Third Party Rights
• Execution-of-decrees
• Attachment-of-property

Assets Recovery Agency v Mutwiri & another; Situ Investments Limited & another (Interested Parties)

Assets Recovery Agency v Mutwiri & another; Situ Investments Limited & another (Interested Parties) [2024] KEHC 3543 (KLR)

Court

High Court

Case number

Civil Application E013 of 2023

Judge

EN Maina

The court found that the Applicant had adduced cogent, unrebutted evidence that the Respondents acquired the subject motor vehicles using funds derived from trafficking in persons, an offence under the Counter Trafficking in Persons Act. The Respondents failed to provide any explanation for the source of funds, and their lack of tax filings further supported the inference of illegitimate income. The court determined that the loans from the Interested Parties were used as decoys to disguise the illicit origin of the funds and to launder the proceeds of crime. The vehicles, therefore, constitut…

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• Proceeds Of Crime
• Asset Forfeiture
• Money Laundering
• Trafficking In Persons
• Third Party Rights
• Loan Security

Osiemo v Latema Sacco Society Limited & another

Osiemo v Latema Sacco Society Limited & another [2024] KECPT 212 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 301/E349 of 2022

Judges

BM Kimemia, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal found that the 1st Respondent failed to establish any new and important evidence or error apparent on the face of the record to justify review of the judgment delivered on 21st September 2023. The application for review and stay of execution was therefore dismissed. Regarding the objector applications, the Tribunal held that Cooperative Bank did not prove any legal or equitable interest in the proclaimed properties. However, the objectors Victor Chweya Nyambane and Abedinego Okenye Ongata successfully demonstrated legal ownership of motor vehicles KCQ 122A and KCK 038F, and the T…

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• Stay Of Execution
• Review Of Judgment
• Objector Proceedings
• Attachment And Proclamation
• Third Party Rights

In re Estate of Omondi Sewe (Deceased)

In re Estate of Omondi Sewe (Deceased) [2024] KEHC 2222 (KLR)

Court

High Court

Case number

Succession Cause 703 of 2012

Judge

HM Nyaga

The court held that its jurisdiction as a probate court is limited to the administration and distribution of the deceased's estate among rightful beneficiaries. Once the grant is confirmed and the estate property is distributed and transferred to third parties, the probate court becomes functus officio and lacks jurisdiction to entertain disputes over such property. Any claims or disputes involving third parties who are not beneficiaries or dependants of the deceased must be resolved in the appropriate civil or land court, not within the succession cause. The applicant's allegations of fraud…

Source excerpt

• Revocation Of Grant
• Jurisdiction Of Probate Court
• Fraud In Succession
• Third Party Rights
• Functus Officio
• Distribution Of Estate