Kenya Case Law

APA Insurance Ltd v Mulei

APA Insurance Ltd v Mulei [2025] KEHC 8919 (KLR)

Court

High Court

Case number

Civil Appeal E167 of 2023

Judge

JM Nang'ea

The High Court found that there was no dispute as to the existence of a general insurance agency relationship between the respondent and the appellant at the material time, and that the respondent had previously transacted with the appellant on similar terms. The appellant failed to provide documentary evidence to support its claim that the insurance contract was procured through an underwriters-only open tender, nor did it rebut the respondent's evidence of agency and trade usage. The court held that the respondent had proven his claim for commission on a balance of probability, as required…

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• Agency Relationships
• Insurance Commissions
• Breach Of Contract
• Trade Usage
• Burden Of Proof

Ali v Mwaniki

Ali v Mwaniki [2025] KEHC 6338 (KLR)

Court

High Court

Case number

Civil Appeal E187 of 2024

Judge

FN Muchemi

The High Court found that the appellant was improperly substituted as the defendant in the lower court proceedings because he was not the legal representative or administrator of the deceased Ali Mohamed's estate, as required by Order 24 Rule 4 of the Civil Procedure Rules and Section 82 of the Law of Succession Act. The court held that only a person with a grant of letters of administration can be sued as a legal representative of a deceased's estate. The evidence showed that the administrators of the estate were Fatuma Hassan Awadh and Abdi Nasser Ali Mohamed, not the appellant. The trial c…

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• Substitution Of Parties
• Legal Representative Status
• Agency Relationships
• Privity Of Contract
• Succession Procedure

Thomas Ondiba Aosa t/a Automaxx Motors v Otieno

Thomas Ondiba Aosa t/a Automaxx Motors v Otieno [2025] KEHC 7152 (KLR)

Court

High Court

Case number

Civil Appeal 81 of 2020

Judge

REA Ougo

The High Court upheld a magistrate’s judgment for refund of vehicle-importation monies, finding a valid contract, breach by the appellant, and no proven frustration.

• Contract Formation
• Breach Of Contract
• Frustration Of Contract
• Agency Relationships
• Contract-formation
• Breach-of-contract

Al-Husnain Motors Limited & another v Kiprono

Al-Husnain Motors Limited & another v Kiprono [2025] KEHC 5755 (KLR)

Court

High Court

Case number

Civil Appeal 18 of 2023

Judge

JRA Wananda

High Court appeal over a disputed motor vehicle sale, payment, and repossession was dismissed after the court found the respondent proved full payment and unlawful attachment.

• Sale Of Goods
• Agency Relationships
• Burden Of Proof
• Contractual Obligations
• Remedies For Breach
• Evidence Production

Muiruri v Njagu & 14 others

Muiruri v Njagu & 14 others [2025] KEELC 3552 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E028 of 2023

Judge

JM Onyango

The court allowed the appeal, set aside the magistrate’s judgment against the appellant, and held the 15th respondent liable to refund the purchase price.

• Sale Of Land
• Land Control Board Consent
• Privity Of Contract
• Fraud And Conspiracy
• Agency Relationships
• Recovery Of Purchase Price

Pacis Insurance Company Limited v Chongqing International Construction Corporation

Pacis Insurance Company Limited v Chongqing International Construction Corporation [2025] KEHC 4433 (KLR)

Court

High Court

Case number

Civil Appeal E736 of 2022

Judge

LP Kassan

High Court upheld a vehicle insurance claim against the insurer, finding a valid policy through the insurer’s agent, but rejected indemnity for unilateral third-party settlements.

• Insurance Contracts
• Agency Relationships
• Indemnity Principle
• Third Party Liability
• Special Damages
• Appeals Process

Kudoyi v Newton Premium Autos Ltd & 2 others

Kudoyi v Newton Premium Autos Ltd & 2 others [2025] KEHC 3970 (KLR)

Court

High Court

Case number

Commercial Appeal 042 of 2024

Judge

H Namisi

The High Court dismissed an appeal over vehicle registration, holding that the request for transfer could not succeed without first seeking a declaration of ownership.

• Agency Relationships
• Privity Of Contract
• Sale Of Goods
• Remedies In Contract
• Burden Of Proof
• Agency-relationships

Kageche v Kamasky Travel Ltd & another

Kageche v Kamasky Travel Ltd & another [2025] KENCCART 80 (KLR)

Court

National Civil Aviation Administrative Review Tribunal

Case number

Complaint E004 of 2024

Judges

G. Njaramba, V Khaminwa, HI Hache, JK Kiili, JE Aruma

The Tribunal ordered Kamasky Travel Ltd to refund Ksh 466,000 for an unused air ticket, with interest and costs. General and exemplary damages were declined.

• Contract Of Carriage
• Refund Liability
• Agency Relationships
• Breach Of Contract
• Contract-of-carriage
• Air-ticket-refund

Saham Assurance Company Limited v Mburu

Saham Assurance Company Limited v Mburu [2025] KEHC 1039 (KLR)

Court

High Court

Case number

Civil Appeal E108 of 2023

Judge

TA Odera

The court found that the respondent failed to prove his case on a balance of probability, primarily due to the uncalled insurance broker who facilitated the policy and instructions, the breach of the 'Utmost Good Faith' principle by using the vehicle for hire against the policy, and the failure to properly prove special damages.

Source excerpt

• Insurance Contracts
• Agency Relationships
• Burden Of Proof
• Special Damages
• Policy Restrictions

Mukundi v Mugambi & 2 others

Mukundi v Mugambi & 2 others [2025] KEHC 3043 (KLR)

Court

High Court

Case number

Civil Appeal E068 of 2023

Judge

AM Muteti

The High Court dismissed an appeal over a Toyota Prado sale, holding the vehicle had been entrusted to a dealer for sale and the buyer obtained good title as a bona fide purchaser.

• Agency Relationships
• Sale Of Goods
• Bona Fide Purchaser
• Transfer Of Title
• Motor Vehicle Transactions
• Privity Of Contract