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Kenya Case Law

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Company law [2026] KEHC 13719 (KLR)

Lettau v Berten

Court
High Court
Case number
Commercial Petition E005 of 2025

The High Court declined to liquidate Paradiso Toys Limited on the just and equitable ground, finding an adequate alternative remedy in an independent valuation and structured buy-out of the parties' shares.

  • Winding up on the just and equitable ground
  • Quasi-partnership and breakdown of mutual trust
  • Oppression and unfair prejudice under section 780 of the companies act
  • Alternative remedies to liquidation under section 782 of the companies act
  • Share valuation and buy-out orders
  • Removal of director and notice of meetings
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Company law [2026] KEHC 13623 (KLR)

Nankaya (Suing on her behalf and on behalf of Paran Africa Ltd) & another v Rotiken & 4 others

Court
High Court

Kenya High Court allowed in part a Part XI Companies Act application, granting a director leave to pursue a derivative claim within consolidated suits but declining an audit order.

  • Derivative claims
  • Leave/permission to continue derivative action
  • Directors' fiduciary duties
  • Shareholder disputes
  • Consolidation of suits
  • Court-ordered audit
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Employment and labour law [2026] KEELRC 2455 (KLR)

Martin Odhiambo Obonyo v Bornfit Gym & Spa Limited

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E1129 of 2025
Judge
["HS Wasilwa"]

The court dismissed a jurisdictional motion, holding that whether the claimant was an employee or merely a director/shareholder required evidence at trial.

  • Jurisdiction
  • Employer-employee relationship
  • Director/shareholder versus employee status
  • Striking out pleadings
  • Removal of director
  • Whether disputed facts can be resolved on affidavit evidence
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Company law [2026] KEHC 13632 (KLR)

Tribhovan Lalji Chavda & another v Virji Meghji Patel & 3 others

Court
High Court
Case number
Commercial Case 107 of 2024

The High Court granted interlocutory injunctions preserving the existing directorship of Apartment Developers Limited, finding a prima facie case on the validity of Board resolutions and a risk of irreparable harm pending trial.

  • Removal of directors
  • Validity of board resolutions
  • Appointment of directors under section 139 companies act 2015
  • Interlocutory injunctions
  • Status quo orders
  • Irreparable harm
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Civil procedure [2026] KEHC 13488 (KLR)

Olubakaya v Simiyu & another

Court
High Court
Case number
Commercial Petition E007 of 2025
Judge
JWW Mong'are

The High Court dismissed the Respondents' application seeking to restrain the Petitioner from pursuing other civil or criminal proceedings over four company vehicles and to cite him for contempt, finding no basis for either order.

  • Temporary injunction principles
  • Prima facie case
  • Irreparable injury and balance of convenience
  • Abuse of court process and forum shopping
  • Concurrent civil and criminal proceedings
  • Contempt of court for disobedience of court orders
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Civil procedure [2026] KECA 1678 (KLR)

Wanjogu & another v Kirimu

Court
Court of Appeal
Case number
Civil Appeal (Application) E881 of 2024
Judge
["HA Omondi"]

The Court of Appeal partly allowed an application for extension of time and amendment of an appeal, but left the stay request for a full bench.

  • Extension of time
  • Notice of appeal
  • Amendment of memorandum of appeal
  • Joinder of parties
  • Stay of proceedings
  • Corporate personality in matrimonial litigation
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Civil procedure [2026] KEHC 13489 (KLR)

Kitonga & another v Agton Commercial Agencies Ltd

Court
High Court
Case number
Miscellaneous Application E005 of 2026
Judge
JWW Mong'are

The High Court allowed applications to summon the directors of Agton Commercial Agencies Ltd for oral examination on why they should not be personally liable for Kshs.491,302.04 in unsatisfied money decrees, and to lift the corporate veil if they fail to comply.

  • Oral examination of judgment debtor under order 22 rule 35 of the civil procedure rules
  • Lifting of the corporate veil
  • Separate legal personality of companies
  • Personal liability of directors and shareholders
  • Notice to show cause
  • Execution of decrees for money
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Tax law [2026] KETAT 336 (KLR)

Mwanzi Road Developers Ltd v Commissioner of Legal Services & Board Coordination

Court
Tax Appeal Tribunal
Case number
Appeal E374 of 2026
Judges
RM Mutuma, G Ogaga, T Vikiru, JM Malla

The Tribunal allowed the appeal, holding that a bonus issue of 197,900 shares out of retained earnings, credited as fully paid, was not a deemed dividend under Section 7(1)(b)(ii) of the Income Tax Act.

  • Deemed dividend under section 7(1)(b)(ii) of the income tax act
  • Bonus issue / capitalisation of retained earnings
  • Income tax under section 7a of the income tax act
  • Withholding tax under section 35 of the income tax act
  • Burden of proof in tax appeals
  • Interpretation of taxing statutes
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Civil procedure [2026] KEHC 13365 (KLR)

Laudea Company Limited v Immaculate Njoki Karuru

Court
High Court
Case number
Commercial Appeal E009 of 2025
Judge
["JWW Mong'are"]

The High Court dismissed an appeal over a real estate commission dispute, holding the company lacked proper authority to sue and the agreement was illegal for want of a valid agent’s licence.

  • Corporate authority to sue
  • Company resolution requirement
  • Illegality and unenforceable contracts
  • Estate agent licensing
  • Scope of appellate review on matters of law
  • Article 159(2)(d) and procedural technicalities
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Civil procedure [2026] SCC 236 (KLR)

Kamau v Amolo t/a Victoria Phantom Spares & another

Court
Small Claims Court
Case number
Commercial Case E029 of 2026

The Small Claims Court allowed an objection to attachment of goods belonging to Victoria Phantom Spares Limited, holding that a separate company's property cannot be seized to satisfy a decree against its non-director individual, absent evidence of transfer to defeat execution.

  • Objection proceedings in execution
  • Separate legal personality of companies
  • Lifting of the corporate veil
  • Attachment of property not belonging to judgment debtor
  • Fraudulent transfer to defeat execution
  • Civil-procedure
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.