Tandem Solutions Limited v Machakos County Government (Civil Suit 13 of 2019) [2026] KEHC 5050 (KLR) (9 April 2026) (Judgment)

Tandem Solutions Limited v Machakos County Government (Civil Suit 13 of 2019) [2026] KEHC 5050 (KLR) (9 April 2026) (Judgment)

The Plaintiff failed to perform its contractual obligations by delivering defective works that were not certified as complete. No valid variation or approval for additional works was demonstrated. Payment was conditional on certification, which was not issued due to unremedied defects. The Plaintiff is not entitled to the reliefs sought.

Citation
[2026] KEHC 5050 (KLR)
Parties
Plaintiff: Tandem Solutions Limited; Defendant: Machakos County Government
Court
High Court
Jurisdiction
Kenya
Judgment Date
9 April 2026
Case Number
Civil Suit 13 of 2019
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's suit dismissed
Legal Topics
Breach of Contract, Public Procurement Procedures, Specific Performance, Variation of Contracts, Remedies for Breach
Source Language
English
Contract Law Public Procurement Breach of Contract Public Procurement Procedures Specific Performance Variation of Contracts Remedies for Breach

Case Brief

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Parties

Tandem Solutions Limited

Plaintiff

Machakos County Government

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether there existed a valid and binding contract between the parties and the respective obligations
  2. 2 Whether the Plaintiff duly performed its contractual obligations or was in breach
  3. 3 Whether there were validly procured additional works and entitlement to sums claimed

Ratio Decidendi

The Plaintiff failed to perform its contractual obligations by delivering defective works that were not certified as complete. No valid variation or approval for additional works was demonstrated. Payment was conditional on certification, which was not issued due to unremedied defects. The Plaintiff is not entitled to the reliefs sought.

Court Disposition

Plaintiff's suit dismissed

Orders

  • Each party to bear its own costs