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Kenya decisions
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Wekesa v Matata [2024] KEHC 8284 (KLR)
The High Court allowed an appeal over a loan dispute, holding the respondent had not proved waiver of interest or unconscionability and that the appeal court could not rewrite the contract.
Tea Warehouse Limited v Khaemba [2024] KEELRC 118 (KLR)
The court held the dismissal was unfair for lack of a fair disciplinary process, but set aside claims for notice pay, house allowance, overtime, and holiday pay because the employee had signed a discharge.
Rana Auto Selection Ltd v Nyamosi [2023] KECA 1075 (KLR)
The Court of Appeal held that the vendor's repeated acceptance of late and irregular payments constituted a waiver of the 'time is of essence' clause, as properly pleaded and proved by the respondent. The purported notice to repossess did not fix a reasonable time for remedying the default and demanded immediate payment of a substantial outstanding sum, which was unreasonable and thus ineffective to revive the 'time is of essence' provision. Consequently, the repossession of the vehicle was unlawful. However, the appropriate remedy was not a refund of the entire purchase price, as the respond…
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Kamau v Kevian Kenya Limited [2023] KEELRC 627 (KLR)
The court found that the claimant's probation period, including the validly extended period, lapsed on March 1, 2019. The respondent neither confirmed nor terminated her employment at that time, and the claimant continued working until April 12, 2019. By operation of law, this amounted to constructive confirmation of her employment. The respondent failed to provide evidence of agreed performance targets, objective evaluation, or that the claimant was given an opportunity to improve or respond to allegations of poor performance, contrary to sections 41, 43, and 45 of the Employment Act. The te…
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Raceguards Limited v Chea & 4 others [2022] KEELRC 3784 (KLR)
The court allowed an appeal against an award of terminal dues, holding that signed discharge vouchers were binding absent fraud, mistake, coercion, undue influence, or misrepresentation.
Formax Insurance Brokers Limited v Grory Hotels & Investments Limited [2019] KEHC 5299 (KLR)
High Court appeal over alleged unpaid insurance premium arrears was dismissed for failure of proof and because the 25 March 2010 memorandum was upheld.
Mogas Kenya Limited v Galana Oil Limited [2019] KEHC 5993 (KLR)
The High Court ordered Galana Oil to release AGO paid for by Mogas, holding that any lien was limited and had been satisfied. The counterclaim was dismissed.
Kenya Alliance Insurance Company Ltd v Parklands Shade Hotel Limited & Brokers (K) Limited [2015] KECA 352 (KLR)
Court of Appeal upheld liability under a fidelity guarantee policy, holding the insurer could not repudiate for immaterial non-disclosure and dismissing the appeal.
Steel Plus Limited v Joseph Omina [2015] KEHC 4032 (KLR)
The High Court partly allowed an appeal in a workplace injury case, holding that liability should be apportioned 80% to the employer and 20% to the employee.
PENT APHARM LTD v PETER MURIITHI GITHUI & another [2013] KEHC 3259 (KLR)
The High Court stayed shareholder litigation and referred the dispute to arbitration under the company’s Articles of Association, finding the arbitration clause binding.
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