Supreme Court · Petition 4 of 2012 4 March 2014 CompareSupreme Court: you won't always pay costs even if you lose a case.
public interest jurisdiction constitutional law civil procedure judicial discretion
Supreme Court · Petition 4 of 2012 20 August 2013 CompareSupreme Court can overrule its own past decisions, but only for very strong reasons.
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Supreme Court · Petition 4 of 2012 6 February 2013 CompareA Supreme Court judge won't be forced to step down just because he once recused himself in a lower court.
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Court of Appeal · Civil Application No. 307 of 2003 7 December 2007 CompareKenya's Court of Appeal confirmed it has no power to reopen a concluded appeal, even where a party alleges judicial bias, and struck out the
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Court of Appeal · Civil Application No. 307 of 2003 9 June 2006 CompareKenya's Court of Appeal removed a lawyer's notice of appointment and an affidavit from the case record, warning advocates their filings can
professional conduct striking out judicial discretion civil procedure
Court of Appeal · Civil Appeal arising out of Winding Up Cause No 44 of 1999 30 September 2002 CompareKenya's Court of Appeal ruled that minority shareholders must exit through a reasonable buy-out offer and arbitration, not by winding up the
company law civil procedure arbitration striking out jurisdiction
Court of Appeal · Civil Appeal No. 63 of 2001 1 July 2002 CompareKenya's Court of Appeal confirmed that lawyers may cite any part of the appeal record, and High Court legal statements do not bind it.
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ELC · Enviromental and Land Originating Summons E006 of 2025 5 October 2026 CompareWithdrawing a land case in Kenya does not shield you from paying the other side's legal costs once they have already defended the suit.
civil procedure land law judicial discretion
ELC · ELC APPEAL CASE NO. E070 OF 2026 28 September 2026 CompareWithdrawing an appeal in Kenya doesn't shield you from paying the other side's legal costs once they've already responded through a lawyer.
civil procedure judicial discretion
ELC · Kapsabet ELCL MISC. E029 of 2025 5 August 2026 CompareThe Environment and Land Court in Kapsabet dismissed a land case transfer application as an abuse of process because a similar matter was al
civil procedure abuse of process land law res judicata jurisdiction
ELC · Not stated in judgment 7 July 2026 CompareThe High Court allowed a law firm to withdraw its own application to stop representing two plaintiffs, with no immediate costs awarded.
civil procedure judicial discretion
ELC · Not stated in the judgment 8 June 2026 CompareA Kenyan court confirmed anyone can freely withdraw their case before judgment, and a withdrawn contempt application ended with no one payin
contempt of court civil procedure judicial discretion
ELC · Petition dated 4th September 2025 21 May 2026 CompareAbout 1,500 Chebonet residents withdrew their eviction petition in Kenya's Environment and Land Court, and no party was forced to pay the ot
constitutional law land law human rights civil procedure public interest
ELC · Ruling in the suit before the court (application dated 11/11/2025); related matter Kitale ELC No. 74 of 2018 4 March 2026 Compare
land law recusal civil procedure fair hearing natural justice
ELC · Notice of Motion dated 20/5/2025 (arising from Siaya SPMC ELC Case No E065 of 2021, James Onyango Obondi v Jmicahel Okumu Oriaro, Sylvanus Oriaro Okumu and George Obiero Okumu) 5 February 2026 CompareA Kenyan magistrates' court cannot hear adverse possession claims, and a defective claim before it cannot be fixed by simply transferring th
land law adverse possession jurisdiction civil procedure judicial discretion
ELC · Not stated in the judgment (plaint dated 22nd May 2025, Fast Track) 29 September 2025 CompareA Kenyan court confirmed that a plaintiff can freely withdraw a land dispute before defendants respond, without paying their legal costs.
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ELC · Not stated in the judgment 16 September 2025 Compare
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ELC · Originating Summons dated 17th September 2020 (Bunyala/Mudembi/1195) 6 November 2024 CompareA Kenyan court ruled that defendants dropped from a withdrawn land suit deserve their costs, even though they subdivided the disputed land w
land law civil procedure statutory interpretation judicial discretion
Supreme Court · Petition E009 of 2024 2 August 2024 CompareThe Chief Land Registrar cannot join a Supreme Court case just to add new evidence.
interested party joinder civil procedure land law judicial discretion
Court of Appeal · Court of Appeal application arising from Nakuru ELC No. 416 of 2017 (notice of motion dated 27th February 2020) 14 June 2024 CompareFiling a notice of appeal in Kenya buys you only 60 days to actually lodge the appeal — miss it and your appeal is deemed withdrawn.
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Supreme Court · Application E011 of 2023 31 May 2024 CompareCourt dismissed extension of time because applicant falsely claimed he wasn't served with the ruling.
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ELC 19 February 2024 CompareA Kenyan land court let plaintiffs swap their adverse possession claim for a different one, but they paid Kshs 4,000 even though nobody obje
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Supreme Court · Petition 21 (E024) of 2022 4 November 2022 CompareSupreme Court waived costs for withdrawn election appeal citing public interest, each side pays own costs.
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ELC · Petition dated October 4, 2019 26 May 2022 CompareA Nairobi court made everyone pay their own legal bills after residents and developers settled a housing dispute early without revealing the
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Supreme Court · Civil Application 5 of 2019 8 October 2021 CompareSupreme Court allows withdrawal of election review with no costs.
civil procedure judicial discretion stare decisis
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