Kenya Case Law

Omwenga v Omwenga & another

Omwenga v Omwenga & another [2025] KEELC 3229 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E035 of 2022

Judge

LC Komingoi

The court found that the 1st Defendant breached the trust bestowed upon her by the Plaintiff by registering suit properties in the name of the 2nd Defendant, holding that a resulting trust arose from the Plaintiff providing the purchase funds, and ordered cancellation of registration of two properties in the 2nd Defendant's name and registration in the Plaintiff's sole name, while the jointly registered property remained in joint names taking into account the 1st Defendant's non-monetary contributions to the family.

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• Resulting Trusts
• Fiduciary Duties
• Matrimonial Property
• Land Registration
• Breach Of Trust
• Jurisdiction

Kelvin & 5 others v Ng’aari Group Ranch & 7 others

Kelvin & 5 others v Ng’aari Group Ranch & 7 others [2025] KEELC 3051 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E005 of 2020

Judge

AK Bor

While the court found evidence of irregularities and non-compliance with principles of fairness and participation in the allocation of the Ng'aari Group Ranch land, including members being left out and disproportionate allocation to some individuals/families, it declined to issue blanket orders dissolving officials, halting title issuance, or nullifying all titles. Instead, the court ordered a supervised process to identify bona fide members, those allocated land, those not allocated land, and non-members allocated land, with a view to facilitating negotiated resolutions including voluntary s…

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• Community Land Allocation
• Public Participation
• Title Registration
• Breach Of Trust
• Fraud In Land Allocation
• Procedural Fairness

Ivusa v Safaricom Limited

Ivusa v Safaricom Limited [2025] KEHC 1137 (KLR)

Court

High Court

Case number

Civil Case E562 of 2021

Judge

FG Mugambi

The court dismissed the plaintiff's claim for breach of trust and passing off because the plaintiff failed to prove the existence of an express or implied trust, and failed to establish the necessary elements of passing off, specifically goodwill, misrepresentation, and damage. The court also held that copyright protects the expression of ideas, not the ideas themselves, and the plaintiff did not demonstrate that the defendant appropriated the specific expression of the plaintiff's idea.

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• Copyright Infringement
• Passing Off
• Idea Expression Dichotomy
• Constructive Trust
• Breach Of Trust

Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy

Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy [2025] KEELRC 144 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1420 of 2016

Judge

L Ndolo

The court dismissed an employee’s unfair termination claim after finding that her unauthorized transfer of bonga points was a valid reason for summary dismissal.

• Unlawful Termination
• Summary Dismissal
• Disciplinary Procedure
• Breach Of Trust
• Unlawful-termination
• Summary-dismissal

Kinoro v Kinyajui t/a Mohamed Kinyanjui Advocates

Kinoro v Kinyajui t/a Mohamed Kinyanjui Advocates [2024] KEHC 16370 (KLR)

Court

High Court

Case number

Civil Case E064 of 2024

Judge

TW Ouya

The court found that the predominant issue in the dispute was the breach of fiduciary duty by the defendant, an advocate, in failing to remit client funds to a vendor as instructed for the purchase of property. The High Court held it had jurisdiction to determine the matter, as the core of the dispute was the advocate-client relationship and not a land dispute per se. The evidence established that the plaintiff paid Kshs. 5,800,000 to the defendant's client account for onward transmission to the vendor, but the defendant failed to remit the funds within the contractual period, thereby breachi…

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• Fiduciary Duty Of Advocates
• Breach Of Trust
• Client Account Funds
• Professional Misconduct
• Remedies For Breach
• Advocate Client Relationship

Wagiciengo v Sichangi Partners Advocates & 2 others

Wagiciengo v Sichangi Partners Advocates & 2 others [2024] KEHC 14738 (KLR)

Court

High Court

Case number

Civil Case 247 of 2018

Judge

CW Meoli

The High Court held that the suit, arising from alleged breach of trust and fiduciary duty in an advocate-client relationship, was not statute barred and dismissed the preliminary objection.

• Limitation Of Actions
• Breach Of Trust
• Fiduciary Duty
• Advocate Client Relationship
• Limitation-of-actions
• Preliminary-objection

Mubishi & another (Suing as the legal representative of the Late David Mubichi Mwamba) v Nyange alias Mwamba Nyange (deceased and substituted by Zipporah Kiende Mutea, Florence Gacheri Murungi, Susan Kanorio Mututa and Catherine Mwari Murithi) & 2 others

Mubishi & another (Suing as the legal representative of the Late David Mubichi Mwamba) v Nyange alias Mwamba Nyange (deceased and substituted by Zipporah Kiende Mutea, Florence Gacheri Murungi, Susan Kanorio Mututa and Catherine Mwari Murithi) & 2 others [2024] KEELC 6562 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E004 of 2020

Judge

CK Nzili

The court found that the plaintiffs' claim was premised on an alleged agreement for transfer of land upon repayment of a loan, but the evidence failed to establish a binding contract as required by law. The purported agreement lacked proper execution, attestation, and did not clearly express the intention to transfer the land. The court held that the suit against the 1st defendant had abated by operation of law due to failure to revive it within the prescribed period, rendering subsequent substitution and proceedings a nullity. On the substantive claim, the court found no credible evidence of…

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• Constructive Trust
• Family Land Disputes
• Succession And Estates
• Breach Of Trust
• Land Registration
• Contract Of Sale

Harun (Practicing Law as Nelson Harun & Company Advocates) v Land Registrar, Kajiado North District & another; Perirose Limited (Interested Party)

Harun (Practicing Law as Nelson Harun & Company Advocates) v Land Registrar, Kajiado North District & another; Perirose Limited (Interested Party) [2024] KEELC 5906 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 340 of 2017

Judge

MN Gicheru

The court found that the interested party never owned the suit land as there was no valid sale agreement or evidence of payment to the original owners. There was no valid sale agreement between the 2nd defendant and the interested party, as the transfer to the 2nd defendant predated the purported sale agreement. The plaintiff failed to account for Kshs. 35,530,000 received from the 2nd defendant, only remitting Kshs. 6,470,000 to the landowners. The plaintiff did not prove any fraud against the 2nd defendant or other parties to the required standard. The 2nd defendant was found to have acquir…

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• Fraudulent Conveyance
• Title Registration
• Breach Of Trust
• Land Subdivision
• Rectification Of Register

Maina v Gichimu

Maina v Gichimu [2024] KEHC 4631 (KLR)

Court

High Court

Case number

Civil Case E032 of 2021

Judge

SM Mohochi

The High Court granted a minority shareholder leave to pursue a derivative suit on behalf of Zanjeema Enterprises Limited and marked the existing suit as withdrawn.

• Derivative Actions
• Minority Shareholder Rights
• Company Director Duties
• Leave Of Court
• Breach Of Trust
• Derivative-actions

Ngeywo & another v Simiyu & another

Ngeywo & another v Simiyu & another [2024] KEHC 1698 (KLR)

Court

High Court

Case number

Civil Appeal 99 of 2019

Judge

DK Kemei

High Court dismissed a civil appeal and cross-appeal over church control, locus standi, and nominal damages arising from a disputed land and trust dispute.

• Locus Standi
• Breach Of Trust
• Ownership Of Land
• Fraudulent Transfer
• Representative Suits
• Locus-standi