Kenya Case Law

Regus Kenya Limited v Rock Advisors Limited

Regus Kenya Limited v Rock Advisors Limited [2025] KEHC 8464 (KLR)

Court

High Court

Case number

Appeal E162 of 2024

Judge

RC Rutto

The High Court found that the contract between the parties expressly required the Respondent to terminate the agreement through the online account or app, not by email. Despite the Respondent's attempts to terminate via email and its claims of difficulty accessing the online platform, the Appellant consistently communicated that only the online process was valid. The trial court erred by extending the mode of communication to email, effectively rewriting the contract. There was no evidence of waiver, modification, unconscionability, fraud, or coercion to justify such an extension. As the Resp…

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• Contract Termination
• Liquidated Damages
• Interpretation Of Contracts
• Freedom Of Contract
• Breach Of Contract

Mobile One to One Ltd v Safaricom Limited

Mobile One to One Ltd v Safaricom Limited [2025] KEHC 7637 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E703 of 2024

Judge

RC Rutto

The court found that the Enterprise Dealer Agreement between the parties contains a valid and binding arbitration clause, requiring disputes to be referred to arbitration. The applicant had already initiated the arbitration process. The court determined that the agreement, specifically Clause 22.2(d), provides for the continuation of contractual obligations, including access to the dealer portal, during the pendency of arbitration. There was no imminent risk to the subject matter of the dispute that would necessitate an injunctive remedy, as the contractual framework adequately preserves the…

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• Arbitration Agreements
• Interim Measures Of Protection
• Contract Termination
• Dealer Agreements
• Party Autonomy
• Status Quo Preservation

Terracraft (K) Ltd v County Government of Tharaka Nithi

Terracraft (K) Ltd v County Government of Tharaka Nithi [2025] KEHC 6842 (KLR)

Court

High Court

Case number

Civil Suit E216 of 2025

Judge

F Gikonyo

The court found that although the respondent claimed the contract had already been signed with another contractor and the project handed over, there was no conclusive proof of handover or commencement of works. The dispute between the parties is under arbitration, and the value of works already completed by the applicant remains at risk. The court determined that interim measures are warranted to preserve the subject matter of the arbitration and prevent irreparable loss. Accordingly, the court ordered a valuation of the applicant's works, required the respondent to facilitate access for this…

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• Interim Measures
• Arbitration Proceedings
• Public Procurement
• Contract Termination

Power Parts (Kenya) Limited v Kenya Ports Authority

Power Parts (Kenya) Limited v Kenya Ports Authority [2025] KEHC 4006 (KLR)

Court

High Court

Case number

Commercial Case E070 of 2024

Judge

F Wangari

The High Court at Mombasa granted interim protection and referred the dispute to arbitration over terminated supply contracts, leaving fraud issues for the arbitrator.

• Arbitration Agreements
• Interim Measures
• Contract Termination
• Public Procurement Disputes
• Arbitration
• Interim-injunctions

GIBB Africa Limited v Rent Works East Africa Limited

GIBB Africa Limited v Rent Works East Africa Limited [2024] KEHC 14396 (KLR)

Court

High Court

Case number

Civil Appeal E122 of 2023

Judge

TW Ouya

The High Court found that the Master Rental Agreement (MRA) dated 21.06.2013, together with its rental schedules, governed the relationship between the parties. Although the rental schedules expired by effluxion of time, the appellant failed to give the required notice under Clause 17 of the MRA, resulting in automatic extension of the agreement. The appellant's continued possession and use of the respondent's equipment, as well as continued payments, evidenced acquiescence to the contract's extension. The court held that the rental schedules were not independent contracts but operated under…

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• Contract Termination
• Breach Of Contract
• Equipment Leasing
• Interpretation Of Contracts
• Remedies For Breach
• Burden Of Proof

Watuku v Shanghiya Enterprises Limited (t/a Anningtex Diamong)

Watuku v Shanghiya Enterprises Limited (t/a Anningtex Diamong) [2024] KECA 1615 (KLR)

Court

Court of Appeal

Case number

Civil Application E197 of 2024

Judges

DK Musinga, JW Lessit, A Ali-Aroni

The Court of Appeal dismissed an application under rule 5(2)(b), holding that the orders sought were final in nature and could not be granted as interim relief.

• Interlocutory Injunctions
• Principle Agency Relationships
• Appeals Procedure
• Contract Termination
• Discrimination Claims
• Interlocutory-injunctions

Heineken East Africa Import Company Limited & another v Heineken International BV & 2 others

Heineken East Africa Import Company Limited & another v Heineken International BV & 2 others [2024] KESC 59 (KLR)

Court

Supreme Court

Case number

Petition (Application) E027 of 2024

Judges

MK Koome, PM Mwilu, MK Ibrahim, SC Wanjala, N Ndungu

The Supreme Court held that it lacked jurisdiction under Article 163(4)(a) of the Constitution to entertain the consolidated appeals and applications. The Court found that, although the High Court and Court of Appeal made references to constitutional provisions, particularly Article 10, such references were peripheral and did not form the basis of the final determination. The core issue before the lower courts was the validity of the termination notice under the Distribution Agreement and the resulting claim for special damages, which were resolved on the basis of contract law, specifically r…

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• Jurisdiction Of Supreme Court
• Contract Termination
• Repudiatory Breach
• Distribution Agreements
• Constitutional Threshold
• Special Damages

Kip Mcgrath Education Centres Limited v Makworo

Kip Mcgrath Education Centres Limited v Makworo [2024] KEHC 12488 (KLR)

Court

High Court

Case number

Civil Case 224 of 2018

Judge

PM Mulwa

The court found that the Franchise Agreement was validly terminated in accordance with its terms due to the Defendant's default in remitting franchise fees. The Plaintiff's entitlement to injunctive relief was considered in light of the current circumstances: the signage had already been removed, and there was no ongoing abusive communication between the parties. The Defendant did not object to the Plaintiff collecting the materials, as evidenced by his withdrawal of the counterclaim and communications indicating willingness to release the materials. Consequently, the court held that the Plai…

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• Franchise Agreements
• Contract Termination
• Injunctive Relief
• Breach Of Contract

Safaricom PLC v Kinetic Controls Limited

Safaricom PLC v Kinetic Controls Limited [2024] KEHC 11937 (KLR)

Court

High Court

Case number

Civil Appeal E900 of 2020

Judge

AA Visram

High Court dismissed a section 39 arbitration appeal, holding that the challenge sought a reassessment of damages and interest rather than a true question of law.

• Arbitration Awards
• Appeals On Point Of Law
• Contract Termination
• Special Damages
• Interest Awards
• Arbitration-awards

Avic Intl Beijing (E.A.) Co. Limited v Mellow Traders Auctioneers & another

Avic Intl Beijing (E.A.) Co. Limited v Mellow Traders Auctioneers & another [2024] KEHC 9286 (KLR)

Court

High Court

Case number

Civil Appeal 30 of 2020

Judge

BM Musyoki

The High Court dismissed the appeal, upheld liability under the security contract, and adjusted the 2nd respondent’s award for unpaid dues and notice pay.

• Contract Termination
• Security Services Liability
• Special Damages
• Negligence
• Breach Of Contract
• Breach-of-contract