Kenya Case Law

Achievers College of Professionals Limited v Mwaniniki t/a Icons College of Prossional Studies

Achievers College of Professionals Limited v Mwaniniki t/a Icons College of Prossional Studies [2025] KEHC 10485 (KLR)

Court

High Court

Case number

Civil Appeal E030 of 2023

Judge

EM Muriithi

The court found that the appellant voluntarily entered into the sale agreement after inspecting the premises and assets, and the agreement was explicit as to what was being sold. The appellant's claim of misrepresentation regarding the number of students and the KCA University relationship was not substantiated by evidence. The court held that the appellant's withholding of payment constituted a breach of contract, thereby activating the liquidated damages clause. The trial court's findings were supported by the evidence, and there was no basis for appellate interference. The court reaffirmed…

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• Contract Enforcement
• Breach Of Contract
• Liquidated Damages
• Misrepresentation
• Sale Of Business
• Appeals Process

Habashow v Hilltop Engineering and Technical Services Limited

Habashow v Hilltop Engineering and Technical Services Limited [2025] KEELC 5455 (KLR)

Court

Environment and Land Court

Case number

Land Case E029 of 2024

Judge

LC Komingoi

The court found that the Plaintiff's claim was based on breach of contract, specifically the Defendant's failure to give vacant possession of the suit properties for over ten years. The applicable limitation period for actions founded on contract is six years under Section 4(1)(a) of the Limitation of Actions Act. The Plaintiff's argument that the claim was for recovery of land and thus subject to a 12-year limitation under Section 7 was rejected, as the pleadings indicated the cause of action was breach of contract. The court held that the suit was clearly time barred and that no discretion…

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• Limitation Of Actions
• Breach Of Contract
• Vacant Possession
• Preliminary Objection

Chemutai v Lipa Later Limited

Chemutai v Lipa Later Limited [2025] KEELRC 2102 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E007 of 2024

Judge

HS Wasilwa

The court found that the petitioner was constructively dismissed as a result of the respondent's persistent failure to pay salaries, unilateral reduction of salary, and creation of a hostile work environment. The respondent's actions constituted a breach of the petitioner's rights to fair labour practices, fair remuneration, and dignity as protected by the Constitution and the Employment Act. The respondent did not contest the petition, and the petitioner's evidence was uncontroverted. The court applied the legal test for constructive dismissal and concluded that the petitioner was entitled t…

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• Constructive Dismissal
• Unpaid Salaries
• Unfair Labour Practices
• Breach Of Contract
• Constitutional Rights At Work

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

Emerg Investment Limited v Skyline Sacco Limited

Emerg Investment Limited v Skyline Sacco Limited [2025] KEELC 5192 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E048 of 2024

Judge

A Ombwayo

The court held that a fixed-term lease could not be terminated by notice, found the defendant in breach, awarded the plaintiff Kshs. 2,803,600, and dismissed the counterclaim.

• Lease Agreements
• Breach Of Contract
• Damages Assessment
• Doctrine Of Frustration
• Mitigation Of Loss
• Lease-agreements

Adam (Suing as a Personal Representative of the Estate of the Deceased Ahmed Adam) v Greenbelt Warehouse Limited & 3 others

Adam (Suing as a Personal Representative of the Estate of the Deceased Ahmed Adam) v Greenbelt Warehouse Limited & 3 others [2025] KEELC 5426 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E0126 of 2024

Judge

EK Makori

The court found that the existence of parallel proceedings before the Advocates Disciplinary Tribunal does not oust its jurisdiction to hear and determine the civil claim against the 4th defendant. The Tribunal is limited to disciplinary matters and cannot grant the civil remedies sought by the plaintiff, which are grounded in breach of contract and fiduciary duty. The issues raised against the 4th defendant are substantive and factual, requiring a full trial rather than summary dismissal. The threshold for a preliminary objection was not met, as the matters in dispute are not pure points of…

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• Fiduciary Duties Of Advocates
• Breach Of Contract
• Removal Of Party
• Preliminary Objection
• Jurisdiction Of Tribunals

Shiloah Investment Limited v Ouma t/a Nate 1 Cafe

Shiloah Investment Limited v Ouma t/a Nate 1 Cafe [2025] KEELC 5237 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E029 of 2023

Judge

SO Okong'o

The court held that the lease between the appellant and respondent, being a fixed-term lease without a termination clause, could not be unilaterally terminated by the respondent before expiry. The respondent's purported termination was a breach of contract, making her liable for damages. However, following the Supreme Court's guidance in Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology, the appellant could not claim rent for the entire unexpired lease term after the respondent vacated; instead, damages were limited to three months' rent as a reasonable period fo…

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• Fixed Term Leases
• Breach Of Contract
• Landlord Tenant Disputes
• Mitigation Of Loss
• Unconscionable Contract Terms

Kuria & another v Marshall Holdings Ltd

Kuria & another v Marshall Holdings Ltd [2025] KEELC 5265 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E024 of 2024

Judge

JM Onyango

The court granted leave to appeal out of time but declined injunction and stay orders, finding the delay explained but no sufficient proof of irreparable harm or substantial loss.

• Leave To Appeal Out Of Time
• Injunction Pending Appeal
• Stay Of Execution
• Specific Performance
• Breach Of Contract
• Leave-to-appeal-out-of-time

Singh also known as Rajuinder Kaur Mohinder (Suing as the Executrix of the Estate of Mohinder Singh Bamrah) & another v Kiprop t/a Kiprop & Company Advocates

Singh also known as Rajuinder Kaur Mohinder (Suing as the Executrix of the Estate of Mohinder Singh Bamrah) & another v Kiprop t/a Kiprop & Company Advocates [2025] KEHC 9917 (KLR)

Court

High Court

Case number

Civil Case E167 of 2024

Judge

JN Mulwa

The High Court dismissed a preliminary objection on limitation and sub judice, finding factual issues remained and the defendant had not proved the cited cases were directly the same.

• Limitation Of Actions
• Professional Negligence
• Breach Of Contract
• Sub Judice
• Advocate Client Relationship
• Preliminary-objection

Microbit Systems Limited v Mandera County Government

Microbit Systems Limited v Mandera County Government [2025] KEHC 9829 (KLR)

Court

High Court

Case number

Civil Suit E004 of 2021

Judge

JN Onyiego

The High Court found the plaintiff proved supply and delivery under LPO No. 24XXX02, rejected the county’s forgery claim, and entered judgment for KES 42,028,000.

• Breach Of Contract
• Public Procurement
• Supply Of Goods
• Burden Of Proof
• Breach-of-contract
• Public-procurement