Kenya Case Law

Mbubi & 12 others v Kenya Electricity Transmission Company Limited & another

Mbubi & 12 others v Kenya Electricity Transmission Company Limited & another (Environment and Land Petition 5B of 2020) [2026] KEELC 4583 (KLR) (20 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Petition 5B of 2020

Judge

["EO Obaga"]

The petition failed because the real dispute concerned crop damage compensation, which was a private law claim suitable for an ordinary suit, not a constitutional petition. The petitioners did not prove violation of Article 40, did not prove coercion or fraud in the 2014 reassessment, and did not prove the pleaded compensation amounts. The revised assessments of 2014, which were accepted and signed, governed the compensation, and the petition therefore lacked merit.

Source excerpt

• Property rights
• Land compensation
• Crop damage compensation
• Constitutional petition threshold
• Burden of proof
• Contract variation

Ochieng v Interdunia Mombasa Ltd & another

Ochieng v Interdunia Mombasa Ltd & another (Civil Appeal E232 of 2025) [2026] KEHC 10497 (KLR) (15 July 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E232 of 2025

Judge

["AM Hassan"]

The handwritten variation on the hire purchase agreement changed only the amount of each monthly instalment from Kshs. 300,000 to Kshs. 100,000 and did not alter the contractual due dates. The appellant therefore remained bound to pay the first instalment on 25 April 2023, failed to do so, and was in default when repossession occurred. The trial court correctly interpreted the agreement, correctly found repossession lawful, and properly considered the evidence. The appeal failed and was dismissed with costs.

Source excerpt

• Hire purchase agreement
• Contract variation
• Repossession of motor vehicle
• Default under contract
• Interpretation of contractual terms
• Costs on appeal

Inter Tropical Timber Trading Ltd v Kenya Power and Lighting Co Ltd

Inter Tropical Timber Trading Ltd v Kenya Power and Lighting Co Ltd (Commercial Case E049 of 2018) [2026] KEHC 9554 (KLR) (Commercial and Tax) (3 July 2026) (Judgment)

Court

High Court

Case number

Commercial Case E049 of 2018

Judge

["FG Mugambi"]

The Plaintiff was in material breach because it failed to deliver the contracted poles within the multiple time-bound extensions that were mutually agreed in writing. The Defendant's change of delivery location was a valid contractual variation, the final extension expired on 1 November 2015, and the later 4 May 2016 email could not resurrect an already lapsed contract. Because the undelivered poles were never delivered, property never passed and the Plaintiff was not entitled to the contract price. The claimed consequential losses were unproved and in any event fell with the Plaintiff's own…

Source excerpt

• Breach of contract
• Contract variation
• Time-bound extensions
• Promissory estoppel
• Expiry by effluxion of time
• Passing of property in goods

Ogendo v Madison Life Assurance Kenya Limited & another

Ogendo v Madison Life Assurance Kenya Limited & another (Civil Appeal E185 of 2025) [2026] KEHC 5981 (KLR) (6 May 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E185 of 2025

Judge

["A Mabeya"]

The appeal failed because the appellant did not prove that the written pension plan had been varied in the manner required by the contract, did not prove that Kshs. 4,408,062 was the agreed payout or was otherwise legally due, and did not show that the trial court applied a standard higher than balance of probabilities. The accepted principle that courts do not rewrite contracts, coupled with the absence of evidence of written variation or a clear payout basis for the claimed amount, was decisive.

Source excerpt

• First appeal review
• Burden of proof
• Contract variation
• Insurance/pension plan premiums
• Agency liability
• Assessment of payout under pension plan

Njeri v Expertise Global Consulting Limited

Njeri v Expertise Global Consulting Limited (Cause E773 of 2024) [2026] KEELRC 1164 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E773 of 2024

The court rejected a constructive dismissal claim but held that the respondent unlawfully withheld salary for April to July 2024, awarding KES 1,721,562.

• Constructive dismissal
• Unfair termination
• Remuneration disputes
• Contract variation
• Terminal benefits
• Constructive-dismissal

Nephy Company Limited & another v County Government of Nyandarua & another

Nephy Company Limited & another v County Government of Nyandarua & another (Civil Case 8 of 2023) [2026] KEHC 5028 (KLR) (22 April 2026) (Judgment)

Court

High Court

Case number

Civil Case 8 of 2023

The High Court at Nyandarua dismissed a claim for an alleged verbal contract variation, holding that the plaintiffs failed to prove the variation or breach.

• Contract variation
• Burden of proof
• Public procurement
• Contract-variation
• Burden-of-proof
• Public-procurement