Kenya Case Law

Simple Pay Capital Limited v Kioko & another

Simple Pay Capital Limited v Kioko & another [2025] KEHC 10206 (KLR)

Court

High Court

Case number

Commercial Suit E162 of 2023

Judge

BM Musyoki

The court found that the plaintiff was entitled to proceed directly against the guarantors without first pursuing the borrower, as the deeds of guarantee and indemnity did not require prior enforcement against the principal debtor. The court also held that the contracts between the plaintiff and the defendants did not contain an arbitration clause, so the plaintiff was not bound to refer the dispute to arbitration. Regarding interest, the court determined that the plaintiff failed to prove entitlement to 10% per month as claimed, since the agreement did not clearly incorporate the letter of o…

Source excerpt

• Loan Guarantees
• Enforcement Of Guarantee
• Interest Rate Disputes
• Contractual Liability

Kuenche+Nagel Limited v Integra Supply Chain Solutions Ltd

Kuenche+Nagel Limited v Integra Supply Chain Solutions Ltd [2025] KEHC 10010 (KLR)

Court

High Court

Case number

Commercial Appeal E207 of 2023

Judge

RC Rutto

High Court appeal over unpaid transport invoices, a counterclaim for special damages, interest, and costs. Main appeal dismissed; cross-appeal allowed on interest only.

• Breach Of Contract
• Contractual Liability
• Special Damages
• Interest Award
• Costs Of Suit
• Breach-of-contract

Aluanga v Mokaya

Aluanga v Mokaya [2025] KECPT 362 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case E941 of 2023

Judges

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

The tribunal found the claimant had not proved a guarantee agreement or causal link for deductions from her salary, but ordered reconciliation and disclosure of loan records.

• Loan Guarantees
• Burden Of Proof
• Contractual Liability
• Account Reconciliation
• Burden-of-proof
• Loan-guarantees

National Water Conservation & Pipeline Corporation v Assembled Enterprises Limited

National Water Conservation & Pipeline Corporation v Assembled Enterprises Limited [2025] KEHC 9487 (KLR)

Court

High Court

Case number

Civil Appeal E775 of 2021

Judge

JN Njagi

The High Court dismissed a civil appeal over unpaid transport services, upholding a reduced special damages award of Ksh. 2,168,040 based on the evidence.

• Contractual Liability
• Special Damages
• Proof Of Debt
• Corporate Agency
• Documentary Evidence
• Special-damages

Ndungu t/a Welcome Car Hire and Transport v National Water Conservation & Pipeline Corporation

Ndungu t/a Welcome Car Hire and Transport v National Water Conservation & Pipeline Corporation [2025] KEHC 8723 (KLR)

Court

High Court

Case number

Commercial Case 775 of 2010

Judge

JWW Mong'are

The High Court entered judgment for the plaintiff for unpaid transport and equipment hire services, finding the LPOs and invoices proved a binding contract and debt.

• Contractual Liability
• Local Purchase Orders
• Burden Of Proof
• Uncontested Claims
• Contract-law
• Local-purchase-orders

Equity Bank Limited v Wells Fargo Limited

Equity Bank Limited v Wells Fargo Limited [2025] KEHC 8907 (KLR)

Court

High Court

Case number

Civil Case E018 of 2022

Judge

FG Mugambi

The High Court dismissed Equity Bank’s claim against Wells Fargo over a cash-in-transit theft, finding no negligence, no subrogation liability, and no basis for res ipsa loquitur.

• Contractual Liability
• Negligence
• Subrogation
• Variation Of Contract
• Res Ipsa Loquitur
• Res-ipsa-loquitur

Cool Limited v Patrick Chege Nganga t/a Chenga Auto Hardware

Cool Limited v Patrick Chege Nganga t/a Chenga Auto Hardware [2025] KEHC 8792 (KLR)

Court

High Court

Case number

Civil Appeal E064 of 2023

Judge

AN Ongeri

The High Court partly allowed the appeal, setting aside damages for lost business but upholding compensation for the lost goods and courier charges.

• Carriage Of Goods
• Contractual Liability
• Damages Assessment
• Burden Of Proof
• Carriage-of-goods
• Contractual-liability

East African Portland Cement Company Limited v Pan African Equipment (Kenya) Limited

East African Portland Cement Company Limited v Pan African Equipment (Kenya) Limited [2025] KEHC 8556 (KLR)

Court

High Court

Case number

Civil Appeal E1123 of 2023

Judge

TW Ouya

The High Court found that the respondent's claim was properly instituted under the doctrine of subrogation, as the insurer had compensated the respondent for the appellant's default under the trade credit facility. The evidence presented by the respondent, including delivery notes, invoices, and a statement of account, was not controverted by the appellant. The appellant's assertion of partial payment was unsupported by evidence and not pleaded as a counterclaim. The court held that the insurer could not sue in its own name and that the respondent was entitled to bring the suit on behalf of t…

Source excerpt

• Trade Credit Facility
• Subrogation
• Insurance Indemnity
• Contractual Liability

Strategic Investment Limited v ABC Investment Limited; Lexis International Limited (Proposed Defendant)

Strategic Investment Limited v ABC Investment Limited; Lexis International Limited (Proposed Defendant) [2025] KEHC 8804 (KLR)

Court

High Court

Case number

Civil Suit E037 of 2021

Judge

HI Ong'udi

The High Court at Nakuru allowed an application to join Lexis International Limited as a 2nd defendant, finding it was a necessary party to the dispute.

• Joinder Of Parties
• Arbitral Awards
• Contractual Liability
• Refund Of Purchase Price
• Joinder-of-parties
• Civil-procedure

Kinyili v Co-operative Bank of Kenya Limited

Kinyili v Co-operative Bank of Kenya Limited [2025] KEHC 8439 (KLR)

Court

High Court

Case number

Commercial Case E015 of 2021

Judge

AB Mwamuye

The court found that the Appellant was liable for the outstanding loan amount as the insurance policy, according to the written loan agreement and Notification of Loan Disbursement, only covered death and permanent disability, not retrenchment. The Appellant failed to produce any documentary evidence or insurer confirmation that the policy covered job loss or that the debt was discharged by insurance. Her written proposals for repayment constituted acknowledgment of liability. The parole evidence rule precluded reliance on alleged oral representations contradicting the contract. Estoppel coul…

Source excerpt

• Loan Default
• Insurance Coverage Dispute
• Contractual Liability
• Parole Evidence Rule
• Estoppel
• Unconscionable Contract