Kenya Case Law

Ochieng v Consolidated Bank of Kenya

Ochieng v Consolidated Bank of Kenya [2025] KEELRC 2128 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E170 of 2025

Judge

BOM Manani

The court found that the loan agreements between the claimant and the respondent expressly provided for a shift from staff to commercial interest rates upon termination of employment. There was no evidence of vitiating factors such as fraud or undue influence. The claimant voluntarily offered his properties as security and agreed to the terms, including the respondent's right to vary interest rates and realize securities in case of default. The court held that it could not rewrite the contract or grant a mandatory injunction to restore staff rates at the interlocutory stage. The claimant fail…

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• Unlawful Termination
• Staff Loan Facilities
• Variation Of Contract Terms
• Injunctive Relief
• Security Realization

Ramana Group Limited v Sidian Bank Limited & another

Ramana Group Limited v Sidian Bank Limited & another [2025] KEHC 10367 (KLR)

Court

High Court

Case number

Commercial Suit E009 of 2024

Judge

H Namisi

The High Court declined to stop a bank’s proposed sale of charged property, finding the applicant had not shown irreparable harm and that damages were adequate.

• Statutory Power Of Sale
• Injunctive Relief
• Statutory Notices
• Loan Restructuring
• Valuation Of Security
• Account Dispute

Muli v Kenya Commercial Bank Kenya Limited & another

Muli v Kenya Commercial Bank Kenya Limited & another [2025] KEHC 10511 (KLR)

Court

High Court

Case number

Civil Case E016 of 2021

Judge

RC Rutto

The court found that the 1st Defendant failed to provide sufficient proof of proper service of the mandatory statutory notices required under the Land Act and the terms of the charge. File copies of notices without valid certificates of postage or credible evidence of dispatch do not satisfy the legal requirement for service. The burden of proving service lies with the chargee, and in the absence of such proof, the Applicant established a prima facie case warranting injunctive relief. Although the Applicant admitted indebtedness, the court held that non-compliance with statutory prerequisites…

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• Statutory Power Of Sale
• Service Of Statutory Notices
• Injunctive Relief
• Loan Default
• Mortgage Enforcement
• Valuation Of Security

Consolidated Bank of Kenya v Waso Trustland Project

Consolidated Bank of Kenya v Waso Trustland Project [2025] KEHC 10643 (KLR)

Court

High Court

Case number

Civil Appeal E006 of 2024

Judge

SC Chirchir

The High Court found that the appellant's argument that the account was merely dormant and not closed was implausible, as evidence showed the appellant failed to act on the NGO Coordination Board's advice to reopen the account with the bona fide signatories. However, the court held that awarding interest at 14% was unsupported by the pleadings, evidence, or contract, and that courts have no business imposing terms not agreed by the parties. The respondent was entitled to interest at court rates from the date of the lower court judgment until the account is reopened, as the loss and inconvenie…

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• Bank Account Closure
• Interest Awards
• Contractual Obligations
• Judicial Review Of Magistrate Decision

Nazed Limited v KCB Bank Kenya Limited & another

Nazed Limited v KCB Bank Kenya Limited & another [2025] KEHC 10267 (KLR)

Court

High Court

Case number

Civil Case E018 of 2024

Judge

RN Nyakundi

The High Court at Eldoret adopted a consent order settling a loan dispute in part, setting a repayment schedule and directing discharge of security after payment.

• Loan Facility Dispute
• Consent Judgment
• Debt Repayment Schedule
• Penalty Interest
• Security Discharge
• Consent-judgment

Simple Pay Capital Limited v Kioko & another

Simple Pay Capital Limited v Kioko & another [2025] KEHC 10206 (KLR)

Court

High Court

Case number

Commercial Suit E162 of 2023

Judge

BM Musyoki

The court found that the plaintiff was entitled to proceed directly against the guarantors without first pursuing the borrower, as the deeds of guarantee and indemnity did not require prior enforcement against the principal debtor. The court also held that the contracts between the plaintiff and the defendants did not contain an arbitration clause, so the plaintiff was not bound to refer the dispute to arbitration. Regarding interest, the court determined that the plaintiff failed to prove entitlement to 10% per month as claimed, since the agreement did not clearly incorporate the letter of o…

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• Loan Guarantees
• Enforcement Of Guarantee
• Interest Rate Disputes
• Contractual Liability

African Banking Corporation v Burch & 2 others

African Banking Corporation v Burch & 2 others [2025] KEHC 10375 (KLR)

Court

High Court

Case number

Civil Appeal E1083 of 2024

Judge

WM Musyoka

The High Court allowed a bank’s appeal, holding that the respondents did not prove the appellant’s liability for a remittance fraud loss on the evidence.

• Banker Customer Relationship
• Negligence
• Money Remittance Liability
• Vicarious Liability
• Burden Of Proof
• Banker-customer-relationship

Assets Recovery Agency v Wachira

Assets Recovery Agency v Wachira [2025] KEHC 10169 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E007 of 2025

Judge

LM Njuguna

The High Court ordered forfeiture of a Nissan Note to the Assets Recovery Agency after finding it was bought with proceeds linked to narcotics trafficking.

• Proceeds Of Crime
• Asset Forfeiture
• Money Laundering
• Burden Of Proof
• Illicit Enrichment
• Bank Account Analysis

Kipkoech v Fina Bank Ltd & 3 others

Kipkoech v Fina Bank Ltd & 3 others [2025] KEHC 10176 (KLR)

Court

High Court

Case number

Civil Case 161 of 2011

Judge

RN Nyakundi

The High Court granted a temporary injunction over land parcel Uasin Gishu/Kimumu/816, pending trial, while ordering the suit be fixed for hearing within 14 days.

• Injunctive Relief
• Statutory Power Of Sale
• Mortgage And Charge Disputes
• Fraudulent Transfer
• Abuse Of Process
• Res Judicata

African Banking Corporation Limited v City Gas Limited & 3 others

African Banking Corporation Limited v City Gas Limited & 3 others [2025] KEHC 10064 (KLR)

Court

High Court

Case number

Civil Suit 434 of 2017

Judge

RC Rutto

The court found that the Plaintiff advanced a loan to the 1st Defendant, secured by a legal charge and guarantees from the 2nd, 3rd, and 4th Defendants. The guarantees, though stamped late, were valid and enforceable as continuing security, covering both the original and restructured facilities. The sale of the charged property was proper, conducted with the 2nd Defendant’s consent, and above market value. On the in duplum rule, the court held that the Plaintiff overstated the recoverable amount by simply doubling the outstanding sum at default without substantiating the calculation. The actu…

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• Loan Facility Disputes
• Guarantee Enforcement
• In Duplum Rule
• Secured Transactions