Kenya Case Law

Gas Kenya Limited v Technology Today Limited

Gas Kenya Limited v Technology Today Limited [2025] KEHC 8237 (KLR)

Court

High Court

Case number

Civil Appeal E919 of 2022

Judge

REA Ougo

The High Court found that the trial magistrate erred in holding the appellant liable for the respondent's loss. The evidence revealed gaps in the respondent's case, particularly regarding the chain of custody and the periods when the consignment could have been tampered with outside the appellant's control. The court determined that the respondent failed to prove, on a balance of probabilities, that the loss occurred while the consignment was in the appellant's custody or due to the appellant's negligence. Furthermore, the limitation of liability clause was found to be clear, unambiguous, and…

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• Carriage Of Goods
• Limitation Of Liability
• Contractual Breach
• Negligence In Transport
• Insurance Subrogation

Maingi v Cfc Stanbic Bank

Maingi v Cfc Stanbic Bank [2025] KEHC 7512 (KLR)

Court

High Court

Case number

Civil Suit E409 of 2020

Judge

FG Mugambi

The court found that the facility agreement expressly permitted the bank to vary interest rates upon issuance of notice and to apply default interest in the event of default. The plaintiff admitted to defaulting on repayments, and the audit report relied upon by the plaintiff failed to account for the impact of such default. The court determined that the bank issued the requisite notices for interest rate variation and acted within the contractual terms. The plaintiff failed to prove, to the required standard, that the bank breached the contract or unlawfully overcharged interest. The audit r…

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• Mortgage Facility Disputes
• Interest Rate Variation
• Loan Default
• Contractual Breach
• Banking Regulation

Nicmac Crest Limited v Ng’ang’a & another

Nicmac Crest Limited v Ng’ang’a & another [2025] KEELC 2977 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E010 of 2025

Judge

JA Mogeni

The court grants the interim injunction to preserve the subject matter of the dispute, which is the subdivided land parcels, pending the commencement and determination of the arbitration proceedings agreed upon by the parties, as failure to do so would render the arbitral process and award nugatory.

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• Interim Injunctions
• Arbitration Agreements
• Sale Of Land
• Contractual Breach
• Preservation Of Subject Matter

Owners of Motor Vessel "Dolphin Star" v ET Timbers PTE Limited & another

Owners of Motor Vessel "Dolphin Star" v ET Timbers PTE Limited & another [2025] KECA 891 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E131 of 2024

Judges

KI Laibuta, GWN Macharia, LA Achode

The Court of Appeal upheld admiralty jurisdiction, found the vessel owner liable on the carriage claim, and dismissed both consolidated appeals.

• Charterparty Disputes
• Bills Of Lading
• Admiralty Jurisdiction
• Agency And Principal Liability
• Port Charges Liability
• Contractual Breach

Ali v Faraj & 2 others

Ali v Faraj & 2 others [2025] KEELC 1023 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 154 of 2016

Judge

LL Naikuni

The Plaintiff's suit has merit due to the Defendants', particularly the 1st, 2nd, and 3rd Defendants', fraudulent actions and negligence in a land sale transaction where the vendor lacked title to pass, leading to a breach of a valid sale agreement and resulting in the Plaintiff's entitlement to a refund of the purchase price with interest and costs.

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• Sale Of Land
• Fraud In Land Transactions
• Professional Negligence
• Contractual Breach
• Remedies And Damages

Jozef & another v Kizondo & another

Jozef & another v Kizondo & another [2025] KEELC 524 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 3 of 2024

Judge

AE Dena

The court cannot determine complex factual disputes or grant substantive relief at the interlocutory stage, particularly mandatory injunctions or vesting orders. However, the court can issue orders that preserve the status quo of the property in dispute pending the full hearing and determination of the case, such as an inhibition order and placing the original title deed in court custody, where both parties have demonstrated a prima facie interest in the property and there is a risk of the property being alienated.

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• Sale Of Land
• Security For Completion
• Mandatory Injunctions
• Interlocutory Inhibition
• Contractual Breach
• Status Quo Orders

Shopper Sacco Limited v Mwatha

Shopper Sacco Limited v Mwatha [2025] KECPT 130 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 375/E114 of 2021

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Cooperative Tribunal entered judgment for the SACCO on an unpaid loan balance, dismissed the respondent’s counter-claim, and ordered payment with Tribunal-rate interest.

• Loan Default
• Guarantor Liability
• Contractual Breach
• Loan Recovery
• Counter Claims
• Loan-default

Ndegwa v Asila & another

Ndegwa v Asila & another [2025] KEELC 132 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 9 of 2024

Judge

OA Angote

An interlocutory mandatory injunction for the payment of a contractual sum based on an alleged agreement cannot be granted where the nature of the agreement and whether the Applicant fulfilled their part of the bargain are unclear, and there is insufficient evidence to demonstrate clear or special circumstances warranting such an order at this preliminary stage.

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• Contractual Breach
• Interlocutory Injunctions
• Decretal Sum Enforcement
• Commission Agreements

Nyakirario & 2 others (As Officials of One Family Dandora Phase II Association) v Nakeel

Nyakirario & 2 others (As Officials of One Family Dandora Phase II Association) v Nakeel [2025] KEHC 295 (KLR)

Court

High Court

Case number

Civil Appeal E125 of 2022

Judge

H Namisi

The Appellants were in breach of the land sale agreement by failing to pay the second instalment within the stipulated 90 days as per the contract terms, and the court will not rewrite the contract to introduce conditions not agreed upon by the parties. Therefore, the Appellants were only entitled to a refund of the deposit paid, not performance of the original contract or additional expenses.

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• Sale Of Land
• Contractual Breach
• Refund Of Purchase Price
• Specific Performance
• Special Damages
• Interest On Judgment Debt

Shah & another v I & M Bank Limited

Shah & another v I & M Bank Limited [2024] KEHC 16303 (KLR)

Court

High Court

Case number

Commercial Case 435 of 2017

Judge

JWW Mong'are

The High Court dismissed the borrowers’ claim, upheld the bank’s statutory sale, and entered judgment for the bank on its counterclaim for Kshs. 51,887,051.23.

• Loan Facility Disputes
• Statutory Power Of Sale
• Interest Rate Computation
• Mortgage Enforcement
• Valuation And Forced Sale
• Contractual Breach