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Kenya decisions
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Kariuki & another v Paramount Bank Limited; Sichuan Huashi Enterprises Limited & another (Interested Parties) [2025] KEHC 8635 (KLR)
The High Court declined leave to appeal, finding the plaintiffs had not shown arguable grounds and had not annexed a draft memorandum of appeal.
Kenya Union of Commercial Food and Allied Workers v Aksher Hardware Limited [2025] KEELRC 1762 (KLR)
The court granted a conditional stay of execution pending appeal, finding the notice of appeal timely and the intended appeal arguable, subject to deposit of the decretal sum.
Oddera v Achieng [2025] KEHC 7861 (KLR)
The court found that the application for stay of execution was not made timeously, as it was filed several months after both the judgment and the subsequent order. The applicant failed to demonstrate substantial loss that would be suffered if the stay was not granted, merely stating his financial limitations without evidence of irreparable harm. Furthermore, the applicant did not offer any security for the due performance of the decree, as required by the rules. The court emphasized that all three conditions for granting a stay—timeliness, demonstration of substantial loss, and provision of s…
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Odhiambo v Kisang & 3 others [2025] KEELRC 1587 (KLR)
The court dismissed an application for stay of execution pending appeal, finding no adequate proof of substantial loss and no offer of security.
Ken Knit (K) Limited v Wetosi [2025] KEELRC 1407 (KLR)
The court granted a conditional stay of execution pending appeal after finding the application timely, noting an existing appeal, substantial loss, and security terms.
Izwe Loans Company Limited v Kanyora [2025] KEHC 5360 (KLR)
High Court ruling granting stay of execution pending appeal, subject to deposit of the decretal sum in a joint interest-earning account and filing the record of appeal within 60 days.
Mathenge v Kajiado Tradiary Co-operative Society & 2 others [2025] KECPT 254 (KLR)
The Tribunal found that the Applicant's request to amend her claim was merited. The Tribunal noted that the amendments did not introduce a new cause of action, as they arose from facts already existing in the original Statement of Claim. The Tribunal also observed that the Respondents failed to demonstrate any specific prejudice that would result from the amendment, and any inconvenience could be compensated by costs. The Tribunal emphasized that the business of the cooperative is for the benefit of its members and that the issues raised by the Claimant were in the interest of all members. Th…
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H. Young & Company Limited v Lagoon Investments Limited [2025] KEHC 4603 (KLR)
The reference was filed out of time as stipulated by paragraph 11 of the Advocates (Remuneration) Order, rendering it incompetent. Additionally, the grounds for the reference lacked merit as the taxing master followed the correct procedure.
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Gombe v Agricultural Finance Corporation [2025] KEELRC 957 (KLR)
The court allowed review of its prior judgment, finding an apparent salary-computation error and holding that a Notice of Appeal alone does not bar review.
DPL Festive Limited v Okuny [2025] KEELRC 892 (KLR)
A stay of execution pending appeal is granted when the applicant demonstrates that they may suffer substantial loss if the stay is not granted, the application is made without unreasonable delay, and adequate security for the due performance of the decree is provided or offered.
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