Kenya Case Law

Momanyi v Mengo

Momanyi v Mengo (Civil Case E193 of 2025) [2026] KEHC 12266 (KLR) (Civ) (30 July 2026) (Ruling)

Court

High Court

Case number

Civil Case E193 of 2025

Judge

["JN Mulwa"]

The court found that the plaintiff was resident and working in the USA when the suit was filed, yet falsely pleaded residence in Nairobi and filed affidavits commissioned in Kenya when he was not before the commissioner. That false commissioning breached mandatory affidavit and pleading requirements, rendered the verifying affidavit and suit incompetent, and could not be cured retrospectively by later notarized versions or Article 159(2)(d). The suit was therefore struck out.

Source excerpt

• Striking out pleadings
• Verifying affidavit
• Affidavit commissioning outside kenya
• Jurat compliance
• Locus standi
• Abuse of process

Maktaba Sacco Ltd v Locheria

Court

Cooperative Tribunal

Case number

Tribunal Case E623 of 2025

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "M Chesikaw", "PO Aol"]

The Tribunal upheld jurisdiction over a SACCO loan dispute but struck out a defective verifying affidavit sworn without demonstrated authority, allowing the claim to continue.

• Preliminary objection
• Jurisdiction
• Authority to institute proceedings
• Verifying affidavit
• Striking out defective affidavit
• Sacco loan dispute

Shenghan v Shanxi Dikuang Overseas Engineering Construction (Kenya) Ltd & another

Shenghan v Shanxi Dikuang Overseas Engineering Construction (Kenya) Ltd & another (Employment and Labour Relations Cause E1102 of 2025) [2026] KEELRC 1978 (KLR) (14 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E1102 of 2025

Judge

["HS Wasilwa"]

The court held that the claimant’s amended claim was filed within the law before pleadings closed, and any defects in the earlier pleadings could be cured by amendment. The respondents’ second application was brought under revoked 2016 rules and could not stand. As a result, neither application justified striking out the cause.

Source excerpt

• Verifying affidavit
• Amendment of pleadings
• Striking out pleadings
• Withdrawal of suit
• Abuse of court process
• Foreign document authentication

Ndiso (Suing as Chairman and Authorized Representatives of Nine Sisters Home Owners and Residents Karen Association) v Fatai & 8 others

Ndiso (Suing as Chairman and Authorized Representatives of Nine Sisters Home Owners and Residents Karen Association) v Fatai & 8 others (Civil Case E106 of 2026) [2026] KEHC 9682 (KLR) (Civ) (15 June 2026) (Ruling)

Court

High Court

Case number

Civil Case E106 of 2026

Judge

["SN Mutuku"]

The objection failed because it depended on contested factual matters, including the plaintiff's authority to sue, the true nature of the dispute, and whether the suit was sub judice. Those issues could not be resolved as pure points of law on a preliminary objection. The defendants therefore failed to satisfy the Mukisa Biscuit threshold.

Source excerpt

• Preliminary objection
• Locus standi
• Sub judice
• Jurisdiction of the high court
• Proper forum
• Amended plaint

Sebastin v Desbro Engineering Ltd

Sebastin v Desbro Engineering Ltd (Cause E759 of 2025) [2026] KEELRC 1440 (KLR) (26 May 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E759 of 2025

Judge

["HS Wasilwa"]

The applicant failed to prove, with concrete evidence, that the claimant was outside Kenya when the verifying affidavit was sworn. In contrast, the claimant produced immigration records and a valid special pass showing lawful presence in Kenya. On that basis, the court held that the challenge was unsupported and could not justify striking out the suit or the affidavit.

Source excerpt

• Verifying affidavit
• Commissioning of affidavits
• Physical presence of deponent in kenya
• Striking out pleadings
• Burden of proof
• Article 159(2)(d) constitution

Muvengi v Muhindi

Muvengi v Muhindi (Civil Appeal 227 of 2023) [2026] KEHC 7008 (KLR) (21 May 2026) (Judgment)

Court

High Court

Case number

Civil Appeal 227 of 2023

Judge

["TW Ouya"]

Although the original verifying affidavit was defective for lack of commissioning, that defect was curable and did not justify striking out the entire plaint. Given the prompt attempt to regularize the error, the absence of substantial prejudice to the respondent, and the constitutional imperative to administer substantive justice, the trial court erred in striking out the suit; the appeal was therefore allowed and the suit reinstated.

Source excerpt

• Verifying affidavit
• Preliminary objection
• Striking out pleadings
• Curable procedural defect
• Article 159(2)
• Reinstatement of suit

Chenangai & another v Ojiambo & another (Suing as legal representatives of the Estate of Cornelius Mlanda Mwasambu – Deceased)

Chenangai & another v Ojiambo & another (Suing as legal representatives of the Estate of Cornelius Mlanda Mwasambu – Deceased) (Civil Appeal E385 of 2025) [2026] KEHC 6185 (KLR) (Civ) (7 May 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E385 of 2025

Judge

["WA Okwany"]

The verifying affidavit was defective because it was dated after the plaintiff’s death and did not comply with Section 5 of the Oaths and Statutory Declarations Act, but the defect was not fatal to the suit. The cause of action survived the deceased, substitution was proper, and the trial court correctly allowed the suit to proceed upon filing a compliant verifying affidavit.

Source excerpt

• Verifying affidavit
• Preliminary objection
• Defective affidavit
• Substitution after death of litigant
• Survival of cause of action
• Article 159(2)(d)

James K Chelagat (Suing as the duly elected and founding Chairman of London Prestige Sacho Kabarnet Branch) v David Kimeres & 5 others

Court

Cooperative Tribunal

Case number

Tribunal Case E016 of 2025

Judge

["J Mwatsama", "B Sawe", "F Lotuiya", "P. Gichuki", "M Chesikaw", "PO Aol"]

The Tribunal dismissed a preliminary objection in a SACCO dispute but struck out the claim on its own motion for lack of a verifying affidavit.

• Preliminary objection
• Locus standi
• Authority to sue
• Doctrine of exhaustion
• Verifying affidavit
• Striking out pleadings

Baraza & another v PCEA Oloo Sirkon Church & 3 others

Court

Environment and Land Court

Case number

Environment and Land Case E094 of 2022

Judge

["LC Komingoi"]

The court held it had jurisdiction over a trespass claim, struck out the 2nd plaintiff’s suit for lack of corporate authority, and dismissed a security-for-costs motion.

• Trespass
• Security for costs
• Preliminary objection
• Locus standi
• Corporate authority to sue
• Verifying affidavit

Sabina Kemunto Nyangacha v Raymond Nyagwoka & 4 others

Court

Environment and Land Court

Case number

Land Case E006 of 2023

Judge

["DO Ohungo"]

The court allowed the 1st to 3rd defendants to file a verifying affidavit for their counterclaim out of time, finding the omission was a curable procedural lapse.

• Counterclaim
• Verifying affidavit
• Leave to file out of time
• Inherent jurisdiction
• Procedural irregularity
• Article 159 substantive justice