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Kenya decisions
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Kageche v Kamasky Travel Ltd & another [2025] KENCCART 80 (KLR)
The Tribunal ordered Kamasky Travel Ltd to refund Ksh 466,000 for an unused air ticket, with interest and costs. General and exemplary damages were declined.
Haase v Air France & another [2025] KENCCART 78 (KLR)
The Tribunal found a contract of carriage existed, held the airlines breached it by offloading the passenger without proven justification, and awarded special damages and costs.
Vlarisco Limited v CMA – CGM SA & another [2024] KEHC 11080 (KLR)
The court found that the contract of carriage, as evidenced by the bills of lading, contained an exclusive jurisdiction clause requiring all claims between the carrier and the merchant to be brought before the Tribunal de Commerce de Marseille. The court determined that the storage and handling of the cargo at the Port of Klang were not governed by separate contracts but arose out of the contract of carriage. There was no meeting of minds to create a separate binding contract for storage and handling. The Plaintiff's arguments regarding the inability of the Tribunal de Commerce to hear the ma…
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Chepkorir v Qatar Airways [2024] KENCCART 1195 (KLR)
The tribunal held that Qatar Airways failed to prove the complainant needed a visa, awarded a refund for the aborted journey, and rejected other damages.
Mpinda v M'Rinyiru t/a Milestones Supplies [2024] KEHC 9547 (KLR)
The High Court dismissed an appeal over loss of petroleum oil in transit, holding the respondent proved the carriage agreement, loss, and the appellant’s liability.
Kihoro v Qatar Airways [2024] KENCCART 1008 (KLR)
The Tribunal dismissed a passenger’s claim against Qatar Airways, finding no breach of contract after Canadian immigration authorities denied boarding in Doha.
London Distillers (K) Ltd v Ilani Enterprises Ltd [2024] KEHC 8523 (KLR)
The High Court held a transporter liable for goods lost in transit, finding no applicable exception to common-carrier liability and allowing recovery under subrogation.
Et Timbers PTE Limited v Defang Shipping Company Limited (A claim in rem against the owners of the motor vessel ‘Dolphin Star’ of the Port of Panama); Kenya Ports Authority as the Harbour Master (Interested Party) [2024] KEHC 6270 (KLR)
The court found that it had jurisdiction to hear and determine the admiralty claim in rem against the owners of MV Dolphin Star, as the vessel was arrested within Kenyan territorial waters and the parties were subject to the court's jurisdiction. The court held that a valid contract of carriage existed between the claimant and the defendant, evidenced by the fixture recap, bills of lading issued by OBT Shipping on the master's authority, and the payment of freight. The defendant's denial of the contract and refusal to produce documents was viewed as a deliberate attempt to frustrate the proce…
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Owino v Five Forty Aviation Ltd t/a Fly 540 [2024] KENCCART 1007 (KLR)
The Tribunal found Fly 540 breached a contract of carriage by rescheduling and then denying boarding due to technical issues. It awarded KSh 2,400 and costs.
Auto Express Limited v Multiple (ICD) Kenya Ltd & another [2024] KEHC 2076 (KLR)
The High Court allowed an appeal over loss of cargo in transit, holding the carrier remained liable despite its attempt to shift blame to a security company.
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