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Kenya decisions
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Agrigreen Consulting Corp Limited v National Irrigation Board [2023] KEHC 22580 (KLR)
The High Court held it had jurisdiction despite an arbitration clause and found Agrigreen proved its claim for unpaid consultancy invoices, interest, and costs.
Baudry Evrard Malela v Whitespace Technologies Limited [2021] KEHC 13237 (KLR)
The court found that the plaintiff failed to establish a prima facie case with a probability of success for the grant of a mandatory injunction. The evidence presented did not demonstrate, even on a prima facie basis, that the plaintiff conceptualized, designed, and developed the defendant's website and IT systems as an independent consultant rather than as an employee. The court noted that the existence of an oral contract and alleged infringement of copyright are substantive issues requiring full evidence at trial and could not be determined at the interlocutory stage. Given the lack of a p…
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Victoria Insurance Brokers Limited v Jubilee Insurance Company of Kenya Limited [2020] KEHC 8076 (KLR)
The court found that while Victoria Insurance Brokers Limited did provide consultancy and technical support services to Jubilee Insurance Company of Kenya Limited in the preparation of the successful Judiciary medical insurance tender, there was no express or implied agreement for payment of a commission or fee. The evidence established offer and acceptance by conduct, but Victoria failed to prove any promise of payment or the quantum of a reasonable fee for its services. The statutory commission rates under the Insurance Act and Regulations apply only to brokerage or agency services, not con…
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Inform Creative Interior Limited v Telkom Kenya Limited [2018] KEHC 8423 (KLR)
The High Court held that ICIL’s contract with Telkom was for design and supervision, not design and build, and awarded contract-based fees for services proved.
Agency for Development Education and Communication Limited v Attornery General [2017] KEHC 10031 (KLR)
The High Court found a valid consultancy contract, held that late delivery was acquiesced in by the Ministry, and awarded ADEC the unpaid balance plus costs and interest.
L W N v J M G t/a Garam Investments Auctioneers & Gokhle Investments [2017] KEHC 5703 (KLR)
The court found that the application to strike out the suit did not present a plain and obvious case warranting such a drastic measure. The existence or non-existence of a marriage between the parties is a matter of fact that can only be established at a full trial, not at the preliminary stage. The court also held that the majority of the prayers in the plaint relate to property and business interests allegedly arising from the marriage, not employment. Only one prayer related to consultancy services, which does not amount to an employment relationship. Therefore, the High Court retains juri…
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NGUYOU NGIBUINI T/A/ NGIBUINI & ASSOCIATES, CONSULTING ARCHITECTS v CITY COUNCIL OF NAIROBI [2013] KEHC 5417 (KLR)
The High Court dismissed a summary judgment application in a fee dispute, finding unresolved issues on contract sum, interest, and supporting documentation.
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