Kenya Case Law

Khamis & 3 others v Muchura & 14 others

Khamis & 3 others v Muchura & 14 others [2025] KEHC 10652 (KLR)

Court

High Court

Case number

Civil Suit E034 of 2025

Judge

G Mutai

The court found that the plaintiffs/applicants had established a prima facie case regarding the procedural irregularities in the convening of the AGM, their expulsion, and the change of the club's status. The court held that the issues raised were triable and could not be determined at the interlocutory stage. The court further found that the plaintiffs, particularly Mr Khatib, would suffer irreparable harm not compensable by damages if the injunction was not granted, given the reputational and structural consequences of the AGM resolutions. The balance of convenience favored maintaining the…

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• Interlocutory Injunctions
• Expulsion Of Members
• Corporate Governance
• Club Constitutions
• Natural Justice
• Arbitration Clauses

Cementers Limited v Multichoice Kenya Limited

Cementers Limited v Multichoice Kenya Limited [2025] KEELC 5333 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E174 of 2023

Judge

JA Mogeni

The court found that the dispute between the parties arose from a construction contract and not from issues relating to the use, occupation, or title to land. Applying the predominant purpose test, the court determined that the contract was for construction and not for the sale or use of land. The Environment and Land Court's jurisdiction is limited to land-related matters as set out in Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. Since the dispute is commercial in nature and is already subject to ongoing arbitration proceedings, the Environment and…

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• Jurisdiction Of Court
• Preliminary Objection
• Arbitration Clauses
• Construction Contracts
• Land Related Jurisdiction

Pumwani Riyadha Mosque Committee & another v Gikomba Business Centre Limited

Pumwani Riyadha Mosque Committee & another v Gikomba Business Centre Limited [2025] KECA 1257 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E965 of 2024

Judges

K M'Inoti, LA Achode, WK Korir

The Court of Appeal held that the dispute between the parties, arising from a lease agreement over land and involving alleged breach of contract and specific performance, was fundamentally a land use and occupation matter. Applying the 'predominant test' and relevant statutory provisions, the Court found that such disputes fall within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act. The High Court therefore lacked jurisdiction to entertain the respondent’s suit. The Court further held…

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• Jurisdiction Of High Court
• Arbitration Clauses
• Breach Of Contract
• Specific Performance
• Material Non Disclosure

Lubanga v Wesonga & 4 others; Sewon Enterprises Limited (Nominal Respondent)

Lubanga v Wesonga & 4 others; Sewon Enterprises Limited (Nominal Respondent) [2025] KEHC 9907 (KLR)

Court

High Court

Case number

Petition E010 of 2024

Judge

BK Njoroge

The Court found that the Petitioner was unlawfully and fraudulently removed as director and shareholder of Sewon Enterprises Limited. The documentation relied upon for her removal was incomplete, irregular, and inconsistent with her known signature, and there was no valid or stamped share transfer form. The Registrar of Companies acted irregularly by recording these changes without proper supporting documentation. The Court held that Section 106 of the Companies Act does not bar claims based on fraud, as limitation does not run until discovery of the fraud, which in this case occurred in June…

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• Company Directorship Disputes
• Shareholder Rights
• Rectification Of Register
• Fraudulent Removal Of Director
• Limitation Of Actions
• Arbitration Clauses

Magnate Ventures Limited v Interbrand Africa Agencies Limited & 2 others

Magnate Ventures Limited v Interbrand Africa Agencies Limited & 2 others [2025] KEHC 9997 (KLR)

Court

High Court

Case number

Commercial Appeal E071 of 2024

Judge

RC Rutto

The High Court set aside a stay of proceedings and referral to arbitration, holding that the respondent had not shown a genuine dispute over the claimed debt.

• Arbitration Clauses
• Stay Of Proceedings
• Debt Recovery
• Jurisdiction Of Courts
• Contractual Disputes
• Burden Of Proof

Miano & 2 others v Janet Kimathi Mbaka t/a Branden Junior School

Miano & 2 others v Janet Kimathi Mbaka t/a Branden Junior School [2025] KEELC 4979 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E003 of 2025

Judge

MC Oundo

The court granted a stay of execution pending appeal, but only on condition that the applicants deposit KES 4,172,188 in court within 45 days.

• Controlled Tenancy
• Arbitration Clauses
• Stay Of Execution
• Jurisdiction Of Tribunals
• Security For Costs
• Stay-of-execution

Kenya Orient Insurance Limited v Channan Agricultural Contractors

Kenya Orient Insurance Limited v Channan Agricultural Contractors [2025] KEHC 9336 (KLR)

Court

High Court

Case number

Civil Appeal E120 of 2024

Judge

A Mabeya

The High Court allowed an insurer’s appeal, holding the respondent failed to prove valid coverage, prompt claim notification, and compliance with arbitration.

• Insurance Contracts
• Arbitration Clauses
• Burden Of Proof
• Notification Of Claims
• Insurance-contracts
• Arbitration-clauses

Kenya Electricity Transmission Company Limited v Matthew

Kenya Electricity Transmission Company Limited v Matthew [2025] KEELC 4878 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E026 of 2024

Judge

OA Angote

The court held that the Land Acquisition Tribunal had original and exclusive jurisdiction to determine disputes relating to wayleave compensation under Section 133C(6) of the Land Act, 2012, as the relevant written law referenced by Section 175 of the Energy Act, 2019. The Energy Act and its subsidiary regulations do not oust this jurisdiction, and any apparent conflict is resolved by statutory interpretation and the principle that subsidiary legislation cannot override parent statutes. The court further found that the Appellant, by filing a Preliminary Objection before seeking referral to ar…

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• Wayleave Compensation
• Tribunal Jurisdiction
• Statutory Timelines
• Arbitration Clauses
• Energy Sector Regulation

Talent Academy Limited v Embu High School Limited

Talent Academy Limited v Embu High School Limited [2025] KEHC 8992 (KLR)

Court

High Court

Case number

Civil Case E217 of 2023

Judge

JN Mulwa

The court held that while the tenancy agreement contained an arbitration clause, such a clause does not automatically oust the court's jurisdiction. The proper procedure for invoking an arbitration clause is by way of a formal application for stay of proceedings under section 6(1) of the Arbitration Act, not by preliminary objection. The defendant failed to file such an application and instead raised a preliminary objection, which is not the correct legal procedure for seeking referral to arbitration. The court found no merit in the defendant's objection to jurisdiction and striking out of th…

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• Arbitration Clauses
• Preliminary Objection
• Jurisdiction Of Court
• Stay Of Proceedings
• Mediation Requirement
• Tenancy Agreements

Bindo v Stephen Kipkenda & Dorothy Kiprono t/a Kipkenda & Co. Advocates; Runo (Interested Party)

Bindo v Stephen Kipkenda & Dorothy Kiprono t/a Kipkenda & Co. Advocates; Runo (Interested Party) [2025] KEHC 8987 (KLR)

Court

High Court

Case number

Civil Case E228 of 2021

Judge

JN Mulwa

The court found that while a professional undertaking is a separate and enforceable agreement, the parties subsequently executed a Deed of Variation which expressly discharged the Defendant from all obligations under the original professional undertaking. The Deed of Variation did not provide for unilateral termination but instead stipulated that any disputes were to be resolved by arbitration. The Plaintiff's attempt to rescind the Variation unilaterally was ineffective, as there was no contractual basis for such rescission. The Plaintiff failed to demonstrate any vitiating factors such as f…

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• Professional Undertakings
• Variation Of Contracts
• Enforcement Of Undertakings
• Arbitration Clauses