Kenya Case Law

Bunusei & 2 others v Tomas

Bunusei & 2 others v Tomas [2025] KEELC 5288 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E023 of 2023

Judge

EC Cherono

The court found that the appellants failed to discharge the burden of proof required to establish a customary trust over the suit land. Although the appellants claimed occupation and entitlement based on clan resolutions and ancestral lineage, their evidence was inconsistent, particularly regarding actual occupation and the existence of a homestead on the suit land. The court noted that the appellants had purchased and settled on other parcels, and the only homestead on the suit land belonged to their mother. The documentary evidence produced by the appellants, including the letter of consent…

Source excerpt

• Customary Trust
• Ancestral Land
• Land Registration
• Overriding Interests
• Burden Of Proof
• Costs Of Suit

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

Kenya Union of Domestic, Hotels Educational Institutions & Hospitals Workers (KUDHEIHA) v Board of Management, Majango Secondary School

Kenya Union of Domestic, Hotels Educational Institutions & Hospitals Workers (KUDHEIHA) v Board of Management, Majango Secondary School [2025] KEELRC 1789 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E070 of 2024

Judge

Nzioki wa Makau

The Employment and Labour Relations Court found the respondent liable to pay a suspended employee’s unpaid half salary for 19 months, but rejected house allowance and other claims.

• Suspension Without Pay
• Terminal Benefits
• Unlawful Withholding Of Wages
• Costs Of Suit
• Suspension-without-pay
• Wages-and-salary

Basta & Sons Limited v Compact Freight Systems Limited

Basta & Sons Limited v Compact Freight Systems Limited [2025] KEHC 6911 (KLR)

Court

High Court

Case number

Civil Suit 123 of 2013

Judge

DKN Magare

The High Court at Mombasa awarded the plaintiff unpaid hire and repair sums, dismissed the defendant’s counterclaim, and granted interest from 18 May 2019.

• Oral Contracts
• Special Damages
• Burden Of Proof
• Counterclaims
• Interest Awards
• Costs Of Suit

Fadhil v Kenya Power & Lighting Company Limited

Fadhil v Kenya Power & Lighting Company Limited [2025] KEELC 2971 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 49 of 2017

Judge

FM Njoroge

The court marked the suit over relocation of an electricity pole as overtaken by events and ordered each party to bear its own costs.

• Wayleave Rights
• Mandatory Injunction
• Removal Of Electricity Pole
• Costs Of Suit
• Wayleave-rights
• Mandatory-injunction

Komu & 2 others v RRR Kenya Limited

Komu & 2 others v RRR Kenya Limited [2025] KEELRC 975 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E014 of 2024

Judge

Nzioki wa Makau

The court found that the Respondent breached the employment contracts by failing to pay the Claimants' salaries as required by law, entitling the Claimants to the proved outstanding salary arrears, but not general damages for breach of contract in employment as this is not provided for under Kenyan law, with compensation being the appropriate remedy under the Employment Act.

Source excerpt

• Salary Arrears
• Breach Of Employment Contract
• Protection Of Wages
• Interest On Awards
• General Damages
• Costs Of Suit

Ochieng v Nyanjong

Ochieng v Nyanjong [2025] KEELC 2920 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E014 of 2024

Judge

FO Nyagaka

The Environment and Land Court dismissed an appeal over alleged land encroachment, holding that the respondent had proved his claim and that costs should lie where they fell.

• Boundary Disputes
• Trespass
• Eviction Orders
• Survey Reports
• General Damages
• Costs Of Suit

Mwangi v Njoki

Mwangi v Njoki [2025] KEBPRT 157 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E564 of 2023

Judges

Gakuhi Chege, J Osodo

The Tribunal found rent arrears due, allowed a setoff for tenant renovation costs, and entered judgment for the landlord for the net balance.

• Commercial Landlord Tenant Disputes
• Rent Arrears
• Distress For Rent
• Setoff And Counterclaim
• Repairs And Renovations
• Costs Of Suit

Makokha t/a Aqumu Outfits v Malonzo t/a Mbilo Invesments

Makokha t/a Aqumu Outfits v Malonzo t/a Mbilo Invesments [2025] KEBPRT 214 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case 127 of 2021

Judges

Gakuhi Chege, J Osodo

The landlord's eviction of the tenant and removal of goods were illegal because the notice to vacate was not in the prescribed form and did not meet the statutory duration requirements under Cap. 301. Since the premises no longer exist in their original form, reinstatement is impractical, and the tenant is entitled to damages for the illegal eviction and loss of tenancy, as well as the return of their property.

Source excerpt

• Controlled Tenancy
• Illegal Eviction
• Notice To Terminate Tenancy
• Release Of Goods
• General Damages
• Costs Of Suit

Stima Investment Co-operative Society v Njenga & 3 others (Sued as the Administrators and/or the Personal Representatives of the Estate of Wambui Njenga (Deceased))

Stima Investment Co-operative Society v Njenga & 3 others (Sued as the Administrators and/or the Personal Representatives of the Estate of Wambui Njenga (Deceased)) [2025] KEELC 1199 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E020 of 2022

Judge

LC Komingoi

The court found a valid land sale agreement, held the estate in breach for failing to complete transfer, and ordered specific performance.

• Specific Performance
• Breach Of Contract
• Sale Of Land
• Contract Variation
• Remedies For Breach
• Costs Of Suit