Kaburu v Waihwa (Civil Appeal E902 of 2023) [2025] KEHC 16777 (KLR) (Civ) (17 November 2025) (Ruling) Neutral citation: [2025] KEHC 16777 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E902 OF 2023 LP KASSAN, J NOVEMBER 17, 2025 BETWEEN JOSEPH MWITI KABURU ..................................................................... APPLICANT AND JOSEPH THEURI WAIHWA .............................................................. RESPONDENT RULING 1. In the process of writing Judgement, I noted that the proceedings are incomplete. I would have blamed the Appellant for this mistake but there is a lower Court file with the incomplete proceedings. This therefore means that the fault was on the Court. Without complete proceedings this Court cannot render justice. 2. I direct that the matter be mentioned soonest before the Deputy Registrar to avail complete records. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 17TH DAY OF NOVEMBER 2025. HON L P KASSAN JUDGE In the presence of Grembere for Applicant Gakeria for Respondent Carol – Court Assistant Mention before Deputy Registrar on 4/12/2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16777/eng@2025-11-17 1
Original judgment
Joseph Mwiti Kaburu v Joseph Theuri Waihwa
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