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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.
Equator Bottlers Limited v Achieng [2025] KEHC 8393 (KLR)
The High Court dismissed a civil appeal over unaccounted cheques, upholding an order that Equator Bottlers refund Kshs 17,260,810 to the respondent.
Jovet (Kenya) Limited v Bavaria NV [2025] KESC 27 (KLR)
The Supreme Court held that it had jurisdiction to determine the appeal as the issues raised involved the interpretation and application of the Constitution, specifically whether goodwill constitutes property protected under Article 40 and whether the superior courts failed to address constitutional questions. The Court found that goodwill, when identifiable and of measurable value, is capable of constitutional protection as property under Article 40. However, the appellant failed to prove any direct contractual relationship with the respondent or that the respondent breached any constitution…
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Kenya Breweries Limited & another v Mbote Beer Distributors Limited [2025] KEHC 4122 (KLR)
The High Court at Thika dismissed an application to transfer a Small Claims Court matter to the Magistrates’ Court for a proposed counterclaim.
Bia Tosha Distributors Limited v Kenya Breweries Limited & 3 others; Cogno Ventures Limited (Interested Party) [2024] KEHC 15737 (KLR)
The High Court struck out respondents’ applications for clarification, holding it was bound by the Supreme Court’s limited remit on contempt and could not revisit settled issues.
Maxam Limited v Heineken East Africa Import Company Limited & another; Equity Bank (Kenya) Limited (Interested Party) [2024] KEHC 13213 (KLR)
The High Court allowed Maxam Limited to execute its decree before taxation, held a bank guarantee had crystallized, and dismissed the setting-aside applications.
Heineken East Africa Import Company Limited & another v Heineken International BV & 2 others [2024] KESC 59 (KLR)
The Supreme Court held that it lacked jurisdiction under Article 163(4)(a) of the Constitution to entertain the consolidated appeals and applications. The Court found that, although the High Court and Court of Appeal made references to constitutional provisions, particularly Article 10, such references were peripheral and did not form the basis of the final determination. The core issue before the lower courts was the validity of the termination notice under the Distribution Agreement and the resulting claim for special damages, which were resolved on the basis of contract law, specifically r…
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Kellogg Company of SA (Pty) Limited v Tropikal Brands (Afrika) Limited [2024] KEHC 12859 (KLR)
The court found that the relationship between the parties was governed by a distributorship agreement, not a sale of goods contract, based on the parties' conduct, correspondence, and explicit references to distributorship in their documents. The Sale of Goods Act was held inapplicable. The plaintiff proved, on a balance of probabilities, that it supplied goods valued at USD 1,790,960.12 and received only USD 823,630, leaving an outstanding balance of USD 766,155. The defendant did not dispute the unpaid invoices but justified non-payment by alleging breaches by the plaintiff. The court found…
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Keroche Breweries Limited v Coretta Limited [2024] KEHC 8902 (KLR)
The High Court found Keroche Breweries breached a super distributorship agreement by supplying defective goods and unlawfully terminating the contract.
Heineken East Africa Import Company Limited & another v Maxam Limited [2024] KECA 625 (KLR)
The Court of Appeal held that the notice of termination issued by Heineken E.A and Heineken B.V was invalid as it was issued on a 'without prejudice' basis, rendering it inadmissible as evidence of termination under the Kenyan Distribution Agreement. The doctrine of legitimate expectation does not apply to private commercial contracts; the trial court erred in relying on it and in invoking constitutional provisions where contract law sufficed. The appointment of third-party distributors by Heineken E.A and Heineken B.V during the pendency of the agreement and litigation constituted a repudiat…
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