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Kenya decisions
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Junction Forex Bureau Limited v Rafique [2025] KEELRC 2136 (KLR)
The court awarded the employer KES 16.5 million after finding the employee misappropriated funds, breached employment duties, and was unjustly enriched.
Wafula (Derivatively on behalf of)Transnzoia Investment Company v Walubengo & 6 others [2025] KEELC 4668 (KLR)
The court found that the 1st–4th defendants, as directors of Transnzoia Investment Company, breached their fiduciary duties by fraudulently and unprocedurally subdividing and transferring the company’s land (Kitale Hotel) to the 5th defendant and subsequently to the 6th and 7th defendants without proper shareholder approval, board resolutions, or payment of consideration. The evidence showed that the transactions were riddled with irregularities, lack of documentation, and conflict of interest, with proceeds not accounted for to the company. The 6th and 7th defendants were not bona fide purch…
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Sugiyama v Ng’ang’a & 3 others; Sidian Bank (Interested Party) [2025] KEELC 987 (KLR)
The court found the land sale agreement invalid, held the defendants liable for fraud and breach, cancelled titles, and rejected the bank’s charge claim.
Dyme and Co Inc v Bravie Group Limited & 2 others [2024] KEHC 11135 (KLR)
The court found that the 1st defendant, acting through the 2nd and 3rd defendants, owed the plaintiff a fiduciary duty arising from the agency relationship to facilitate the export of gold. The defendants breached this duty by failing to perform their contractual obligations or refund the money received. The plaintiff proved the breach and the financial loss suffered. However, the court held that general damages are not recoverable for breach of contract where special damages have been pleaded and proved. The plaintiff was already awarded liquidated special damages of USD 282,460 in the inter…
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Waichari (Suing as an administrator of the Estate of Francis Albert Waichari) v Kairu practicing as Kimani Kairu & Co Advocates [2024] KEELC 4696 (KLR)
The Environment and Land Court ordered an advocate to release Kshs. 52,663,880 held from a land sale, finding the plaintiff proved entitlement to the balance of the purchase price.
Awale & another (Affected Party) v Awale [2024] KEHC 1114 (KLR)
The High Court at Mombasa granted leave for a derivative action, issued a temporary injunction over company management and accounts, and ordered an audit.
Grain Industries Limited v Ali & 6 others [2023] KEHC 27009 (KLR)
The court found that the plaintiff had adduced credible and uncontroverted evidence proving, on a balance of probabilities, that the 1st, 2nd, 4th, 5th, 6th, and 7th defendants were jointly and severally liable for the fraudulent loss of Kshs. 145,042,485. The defendants, having special knowledge of the transactions and failing to appear or rebut the plaintiff's evidence, triggered adverse inference under section 112 of the Evidence Act. The court held that the burden of proof was discharged by the plaintiff, and the absence of a defence rendered the plaintiff's case unchallenged. The pledged…
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Brickman Homes Limited & another v Mberia & 2 others [2023] KEHC 24703 (KLR)
The High Court dismissed a request to pursue a derivative claim, holding the dispute was a shareholder disagreement governed by the parties’ agreements, and struck out the suit.
Scott & another v Kihara & 4 others [2023] KEELC 19045 (KLR)
The court found that a general power of attorney did not authorize the 1st defendant to sell the plaintiffs’ land and held the transfer transactions fraudulent.
Ekanyariat Atoo Enterprises Limited v Kenya Commercial Bank Kenya Limited; County Government of Turkana (Intended Third Party) [2023] KEHC 18511 (KLR)
The court found that the Defendant had demonstrated a sufficient basis for joining the intended third party, County Government of Turkana, as the dispute over the reversal of funds involved instructions and allegations made by the intended third party. The court held that the joinder was necessary for the conclusive determination of the issues and to avoid multiplicity of suits. Although the application for leave to issue a third party notice was filed out of time, the court exercised its discretion to grant leave, noting that the trial had not commenced and any prejudice to the Plaintiff cou…
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