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Kenya decisions
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Kenya Wine Agencies Limited v International Beverages Company [2025] KEHC 9954 (KLR)
The High Court recognized and enforced a final arbitral award in favour of Kenya Wine Agencies Limited and declined to shift arbitration costs to the court.
Thames Electricals Limited v Aee Power Limited [2025] KEHC 9764 (KLR)
The High Court held that the plaintiff proved an unpaid supply debt and that a payment assignment did not absolve the defendant of liability.
Morara t/a Ladder Publications & another v Longhorn Publishers PLC [2025] KEHC 9251 (KLR)
The High Court dismissed a small claims appeal over an unpaid books debt, holding the appellants failed to prove alleged returns or unauthorized transactions.
Frametech Equipment Limited v Office Dynamics Limited [2025] KEHC 8817 (KLR)
High Court appeal from the Small Claims Court over a disputed equipment-leasing debt was dismissed after the court found no legal basis to disturb the lower court's decision.
Vector Aerospace Africa (PTY) Limited Doing Business as Standard Aero v BFO Aerospace International Limited [2025] KEHC 8386 (KLR)
The court found that the alleged standard agreement referencing New York law and jurisdiction was never executed or referenced in the parties' dealings, and thus does not apply. The contract was entered into in Kenya, with the defendant being a Kenyan company, and the High Court of Kenya has jurisdiction under the Civil Procedure Act. The defendant's defence and correspondence contained clear and unequivocal admissions of the debt, with no triable issues remaining. The court held that judgment on admission is appropriate where the admission is unambiguous, and that the plaintiff is entitled t…
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Ndungu v Nderitu [2025] KEHC 6470 (KLR)
The High Court found that the trial court erred in law by entertaining and allowing the respondent's claim without proper analysis of the pleadings and evidence. The claim was not clearly pleaded as a contractual debt, and the evidence presented was insufficient and at variance with the pleadings. The trial court improperly considered issues arising from the parties' personal relationship, which were not justiciable in a contractual debt claim. Furthermore, the court failed to consider that part of the claim was time-barred under the Limitation of Actions Act, as amounts claimed before 1.3.20…
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Sea Angel Service Station Limited v Abdul [2025] KECA 172 (KLR)
An action founded on contract is subject to a six-year limitation period from the date the cause of action accrues, and the Limitation of Actions Act does not provide for the extension of time for filing such actions.
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Osienyo v Omondi [2025] KEHC 771 (KLR)
The High Court dismissed an appeal from the Small Claims Court, holding that only points of law are appealable and that the debt claim was filed within time.
Mjengo Limited v Menengai Oil Refineries Limited [2025] KECA 85 (KLR)
The Court dismissed the appeal, affirming that the respondent had strictly pleaded and proved its claim for special damages based on invoices and delivery notes which were not objected to by the appellant. The appellant's failure to file a counter-claim for the alleged commission was fatal to its defense and claim for set-off, rendering the issues of whether the commission was contractual or ex-gratia and the applicability of promissory estoppel otiose.
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Sonya Services Security Limited v Impulse Promotions Limited [2024] KEHC 16294 (KLR)
The High Court dismissed a small-claims appeal, holding that default judgment was proper where the appellant failed to file a response under the Small Claims Court Act.
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