Kenya Postel directories Limited v D Yellow Pages Publishing & Marketing Limited & another (Civil Appeal 562 of 2019) [2026] KECA 105 (KLR) (30 January 2026) (Judgment)

Facts

The appellant initiated a copyright infringement suit in 2002, which was repeatedly adjourned due to incomplete pre-trial processes and non-compliance with procedural directions. The 1st respondent moved for dismissal for want of prosecution, which was granted by Farah Amin, J. in 2016. The appellant did not appeal this decision. The appellant then filed an application seeking dismissal of the 1st respondent's counterclaim, which was also dismissed by Farah Amin, J. in 2017. The appellant then filed a further application seeking review of the earlier orders, which was dismissed by Onguto, J.

Issues

1. Whether the learned Judge erred in holding that bias could not found a review before a non-final court
2. Whether the learned Judge misapplied the test for error apparent on the face of the record
3. Whether the learned Judge failed to vindicate the appellant's right to equal treatment under Articles 10, 27, and 159 of the Constitution
4. Whether the learned Judge wrongly declined to exercise the review jurisdiction to correct what the appellant characterizes as a glaring judicial inconsistency

Reasoning

The court found no basis to fault the learned Judge's invocation of finality and issue estoppel. The appellant's strategic choice not to appeal earlier rulings precludes invoking review as a surrogate appellate process.

Outcome

Appeal dismissed