Kenya Case Law

David Ananda Apollo Odera v Absa Bank Kenya PLC

Court

High Court

Case number

Commercial Case E166 of 2026

The High Court struck out a bank borrower's suit over alleged interest overcharging as time-barred. A contract claim accrues on breach, and discovery of the overcharge did not postpone limitation because fraud or mistake was not pleaded.

• Preliminary objections
• Limitation of actions in contract
• Section 4(1)(a) limitation of actions act
• Section 26 limitation of actions act (fraud or mistake)
• Pleading of fraud and mistake
• Overcharging of interest on bank loan

Ashok D. Panchal & another v Bank of Baroda (Kenya) Limited & another

Court

High Court

Case number

Commercial Case E083 of 2026

The High Court dismissed the borrowers' bid to temporarily stop a bank's power-of-sale over their Nairobi apartment, finding no prima facie case under the in duplum rule.

• Statutory power of sale
• In duplum rule
• Interlocutory injunctions
• Equity of redemption
• Burden of proof
• Statutory notices for mortgage default

Munoru v Equity Bank (Kenya) Ltd & 4 others

Court

High Court

Case number

Commercial Case E279 of 2023

Ruling allowing the plaintiff to amend his plaint to narrow his claim to refund of monies paid under a cancelled facility, and striking out the 3rd to 5th defendants as nominal parties.

• Amendment of pleadings
• Striking out of improperly joined parties
• Limitation of actions on contract claims
• Abandonment of proprietary claims
• Cancelled credit facility and aborted property sale
• Amendment-of-pleadings

Absa Bank Kenya PLC v Owour

Court

High Court

Case number

Commercial Appeal E174 of 2024

Kenyan High Court ruling granting stay of execution pending appeal over charged property, conditional on depositing the outstanding decretal amount in a joint interest-earning account within 30 days.

• Stay of execution pending appeal
• Substantial loss
• Security for due performance of decree
• Charged property and statutory power of sale
• Preservation of subject matter of appeal
• Interest accrual on loan default

MFI Technologies Solutions Limited v Consolidated Bank of Kenya Limited & another

Court

High Court

Case number

Commercial Case E255 of 2023

Judge

PM Mulwa

The High Court dismissed Consolidated Bank of Kenya's application for stay of execution pending appeal of a USD 1.334 million money judgment, finding no substantial loss was shown given the Plaintiff's audited capacity to refund.

• Stay of execution pending appeal
• Substantial loss
• Security for due performance of decree
• Unreasonable delay
• Evidential burden on financially capable respondent
• Performance guarantee wrongful call-up

Glajoes Enterprises Limited v Equity Bank Kenya Limited

Glajoes Enterprises Limited v Equity Bank Kenya Limited (Civil Case E1746 of 2025) [2026] KEMC 814 (KLR) (27 August 2026) (Ruling)

Court

Magistrate's Court

Case number

Civil Case E1746 of 2025

Judge

["EM Mwamuye"]

The claim value of KShs. 18,000,000 exceeded the pecuniary limit of a Senior Resident Magistrate under section 7(1) of the Magistrates' Courts Act, so this court as then constituted lacked jurisdiction to issue the 30th April 2026 orders. However, because the Chief Magistrate's Court at Mombasa can ordinarily hear such a claim when presided over by a Chief Magistrate, the suit itself was not a nullity; only the proceedings taken before the under-competent judicial officer were void and the file had to be reallocated to a magistrate with proper jurisdiction.

Source excerpt

• Pecuniary jurisdiction of magistrates' courts
• Preliminary objection
• Nullity of proceedings
• Interlocutory orders
• Reallocation within magistrates' court

Were v Nairobi Chapel & 2 others

Were v Nairobi Chapel & 2 others (Cause 198 of 2020) [2026] KEELRC 2412 (KLR) (14 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause 198 of 2020

Judge

["M Mbarũ"]

The court held that the employer's conduct in creating financial pressure, inducing resignation, promising an exit package, and then replacing the claimant's position amounted to constructive dismissal. It also held that the bank breached its duty of care by reversing funds from the claimant's account without involving her, so the claimant was entitled to repayment with commercial interest, subject to an offset mechanism against any competing debit balance. The respondents' counterclaims failed because the bank's unilateral reversal was wrongful and the employer did not prove quantified loss…

Source excerpt

• Constructive dismissal
• Wrongful deduction/reversal of bank funds
• Compensation for unfair termination
• Notice pay
• Service pay
• Certificate of service

Kenya Bankers Association v Attorney General & 2 others

Kenya Bankers Association v Attorney General & 2 others (Petition E007 of 1000) [2026] KEHC 12973 (KLR) (Commercial and Tax) (13 August 2026) (Ruling)

Court

High Court

Case number

Petition E007 of 1000

Judge

["PM Mulwa"]

The petitioner demonstrated an arguable constitutional challenge to section 44 of the Banking Act, showed that continued enforcement would risk substantial prejudice and likely render the appeal nugatory, and established that public interest favoured preserving the regulatory status quo; the unopposed application therefore met the threshold for conservatory relief.

Source excerpt

• Conservatory orders
• Stay pending appeal
• Article 23 enforcement remedies
• Constitutionality of section 44 of the banking act
• Interest rate regulation
• Public interest and nugatory appeal test

Family Bank Ltd v Gachege & another

Family Bank Ltd v Gachege & another (Civil Appeal E283 of 2025) [2026] KEHC 13073 (KLR) (10 August 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E283 of 2025

Judge

["PN Gichohi"]

The court held that the central issue was locus standi of the 1st Respondent as a co-administratrix suing in the presence of another co-administrator, and that the matter was arguable. On the court’s reading of Order 24 Rule 5 and Order 43 Rule 1, leave to appeal was not required in the circumstances. To preserve the subject matter and allow the appeal to be tested properly, further proceedings in the subordinate court were stayed pending determination of the appeal.

Source excerpt

• Stay of proceedings pending appeal
• Locus standi of co-administrators
• Leave to appeal
• Preliminary objection
• Estate litigation
• Joint administration of estate

Elsek & Elsek (K) Ltd v KCB Bank Kenya Ltd & another

Elsek & Elsek (K) Ltd v KCB Bank Kenya Ltd & another (Commercial Case 236 of 2015 & 189 of 2016 (Consolidated)) [2026] KEHC 12776 (KLR) (Commercial and Tax) (7 August 2026) (Ruling)

Court

High Court

Case number

Commercial Case 236 of 2015

Judge

["JWW Mong'are"]

The applicant failed to prove any legal ground for setting aside the consent. The allegations of fraud, backdating, and secret execution were unsupported by evidence, the applicant as an interested party had no right to obstruct settlement by the principal parties, and the ownership issue had already been conclusively determined against him by the ELC judgment, making this application an improper attempt to reopen settled issues.

Source excerpt

• Consent orders
• Setting aside consent judgment
• Fraud allegations
• Res judicata
• Interested party rights
• Fair hearing