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Kenya decisions
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Mutahi & another v Gitonga & 3 others [2025] KEHC 7789 (KLR)
The High Court held that an unsigned joint venture agreement was enforceable on the parties’ conduct and partial performance, and awarded the Appellants Kshs.6,110,000.
Word of Life Center Church and Ministries (Suing through their Officials Namely; George O Akelo & Samuel E Asumwa) v Ecobank Kenya Limited [2025] KEHC 16892 (KLR)
The High Court held Ecobank breached its duty of care to the Church, causing a proven loss of Kshs.21,520,700, reduced for contributory negligence.
Co-operative Bank of Kenya Limited v Amasi (Suing as the Administratratix of the Estate of Dorcas Amasi Mwima) [2024] KEHC 12691 (KLR)
The High Court found that the hire purchase and security agreements between the deceased and the appellant were valid and binding, expressly permitting the appellant to repossess the motor vehicle without notice upon the hirer's death or default. There was no evidence that the deceased was coerced into the agreements, nor that the respondent offered to settle outstanding arrears which the appellant rejected. The court held that the respondent failed to prove any illegality in the repossession or entitlement to damages for loss of user or illegal attachment, as such damages must be specificall…
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Kihoro v Qatar Airways [2024] KENCCART 1008 (KLR)
The Tribunal dismissed a passenger’s claim against Qatar Airways, finding no breach of contract after Canadian immigration authorities denied boarding in Doha.
Premier Daffodil Limited v Kenya Ports Authority & another [2024] KEELC 4998 (KLR)
The court found that there was no valid or enforceable contract between the plaintiff and the 1st defendant for the sale of the suit property, as required for an order of specific performance. The negotiations were informal and non-binding, and no agreement was produced in evidence. Furthermore, the plaintiff failed to prove ownership of the suit property, as the title produced showed Wrigley Company Limited as proprietor, and no recent search or transfer documents were provided. The court also held that general damages are not recoverable for breach of contract, and the plaintiff failed to s…
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Mwenda v Climate and Energy Advisory Limited [2024] KEELRC 606 (KLR)
The court held that the claimant was an independent contractor, not an employee, but awarded damages for the respondent’s premature termination of the consultancy contract.
Boniface Ndirangu Njuguna t/a Goods Import and Exports Agencies v Guaranty Trust Bank of Kenya Limited [2024] KEHC 1029 (KLR)
High Court appeal over wrongful dishonor of cheques by a bank. The court awarded general damages for injury to business reputation, upheld special damages, and ordered an apology.
Ngige & another v Nyakairu [2024] KECA 5 (KLR)
The Court of Appeal dismissed an application for stay of execution, finding the applicants had not shown their intended appeal would be rendered nugatory.
Fredico Investments Limited v Graphic Investments Limited [2024] KEELC 200 (KLR)
The court found that the defendant, by its letter dated 7th September 2009 and subsequent acceptance of rent, unequivocally represented to the plaintiff that the lease would be renewed for a further term. This representation, coupled with the plaintiff's reliance and actions, created a binding agreement to renew and a legitimate expectation. The defendant's subsequent refusal to renew and eviction of the plaintiff, especially in the face of subsisting court orders, constituted a breach of this agreement. The court held that the plaintiff suffered quantifiable loss of business profits, as evid…
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Nyamai v Mbaluka & another [2023] KEHC 26215 (KLR)
The court found that the High Court had jurisdiction as the amount claimed exceeded the pecuniary jurisdiction of the Magistrates' Courts. The plaintiff proved, on a balance of probabilities, that she advanced Ksh.2,000,000 to the defendants as a friendly loan, not as payment for hotel services. This was supported by WhatsApp messages in which the 1st defendant admitted the debt. The defence that the sum was for hotel bills was found to be a fabrication, as the invoice was produced late and not corroborated by independent evidence. The court held that a money-lending agreement need not be in…
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