Kenya Case Law

Merwe v Technomed Limited

Merwe v Technomed Limited [2025] KEELRC 1910 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E1029 of 2023

Judge

SC Rutto

The court found that the Respondent failed to discharge its evidential burden to prove the allegations of gross misconduct and breach of fiduciary duty against the Claimant, as required by Sections 43 and 45 of the Employment Act. No documentary or testimonial evidence was adduced to substantiate claims of excessive salary, unauthorized employment of family members, or mismanagement. Consequently, the termination was substantively unfair. However, the court found that the Respondent followed fair procedure in issuing a notice to show cause and conducting a disciplinary hearing, thus procedura…

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• Unfair Termination
• Procedural Fairness
• Fiduciary Duties
• Conversion Of Company Property

In re Estate of Stanley Lumumba Barungu Thikanyi (Deceased)

In re Estate of Stanley Lumumba Barungu Thikanyi (Deceased) [2025] KEHC 8809 (KLR)

Court

High Court

Case number

Succession Cause E003 of 2020

Judge

SM Githinji

The High Court ordered the estate administrator to render a full account of income from listed properties, finding the application properly before court and not res judicata.

• Administration Of Estates
• Duties Of Administrator
• Accounting By Personal Representatives
• Fiduciary Duties
• Grant Of Letters Of Administration
• Succession-law

Eureka Holdings v Nyachae & 5 others; Diamond Trust Bank & 2 others (Interested Parties)

Eureka Holdings v Nyachae & 5 others; Diamond Trust Bank & 2 others (Interested Parties) [2025] KEHC 8636 (KLR)

Court

High Court

Case number

Miscellaneous Cause E872 of 2024

Judge

JWW Mong'are

The court found that the preliminary objection raised by the 1st respondent was not purely a matter of law but involved disputed facts regarding shareholding and directorship, thus requiring evidence and falling outside the scope of a preliminary objection. The application to strike out the 1st respondent and join another party was dismissed because the 1st respondent remained a necessary party, as the transfer of shares and directorship was incomplete and not reflected in official records. The court held that the arbitration clause in the company constitution mandated prior consultation betw…

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• Arbitration Agreements
• Company Directors Duties
• Shareholder Disputes
• Joinder Of Parties
• Interim Measures
• Fiduciary Duties

Green Planet Initiative 2050 Foundation v Earthbanc AB & 3 others

Green Planet Initiative 2050 Foundation v Earthbanc AB & 3 others [2025] KEHC 8185 (KLR)

Court

High Court

Case number

Commercial Case E004 of 2025

Judge

RN Nyakundi

High Court granted interim preservatory orders in a climate-project dispute, directing disputed donor funds into escrow and striking out a defective supplementary affidavit.

• Interim Injunctions
• Breach Of Contract
• Fiduciary Duties
• Project Governance
• Donor Funds Preservation
• Public Interest Litigation

Karanja (Suing as a Liquidator Nkuene Farmers Co-operative Society Ltd) v Kaguru Farmers Co-operative Society Ltd

Karanja (Suing as a Liquidator Nkuene Farmers Co-operative Society Ltd) v Kaguru Farmers Co-operative Society Ltd [2025] KECPT 324 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 61 of 2018

Judges

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

The Tribunal dismissed a former liquidator’s claim for liquidation expenses, finding no sufficient accounting, transparency, or capacity after discharge.

• Cooperative Societies Liquidation
• Liquidator Powers And Duties
• Scheme Of Distribution
• Fiduciary Duties
• Accountability Of Liquidators
• Cooperative-societies-liquidation

Imperial Bank Limited (In Receivership) & another v Popat & 18 others

Imperial Bank Limited (In Receivership) & another v Popat & 18 others [2025] KECA 1013 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E395 of 2017

Judges

W Karanja, LA Achode, GV Odunga

The Court of Appeal held that the appellants failed to establish a factual basis for disqualifying the law firms from representing the respondents. The court found that mere listing of a law firm as a legal advisor or on a panel of advocates, without more, does not justify interference with an advocate's representation. The appellants did not demonstrate that any confidential information relevant to the present suit was imparted to the law firms, nor did they show that such information was likely to be used to their detriment. The court emphasized that the burden of proof lies with the party…

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• Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duties
• Confidential Information
• Banking Regulation
• Professional Ethics

Mochache v Kidiavai and Muhenge (Administrators of the Estate of Godfrey Muhenge Kivanze - Deceased) & 2 others

Mochache v Kidiavai and Muhenge (Administrators of the Estate of Godfrey Muhenge Kivanze - Deceased) & 2 others [2025] KECA 1021 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 357 of 2019

Judges

M Ngugi, FA Ochieng, AO Muchelule

The Court of Appeal dismissed a land ownership appeal, holding that the suit property was held for Liberty Care Centre Children’s Home, not the parties personally.

• Ownership Disputes
• Trusts In Land
• Fiduciary Duties
• Registration Of Title
• Partnership Property
• Land-ownership-dispute

In re Estate of Chemwok Chemitei (Deceased)

In re Estate of Chemwok Chemitei (Deceased) [2025] KEHC 7344 (KLR)

Court

High Court

Case number

Succession Cause 176 of 1996

Judge

RN Nyakundi

The High Court at Eldoret dismissed an application to disqualify petitioners’ advocate for alleged conflict of interest, finding no proof of real prejudice or misuse of confidence.

• Conflict Of Interest
• Advocate Disqualification
• Right To Counsel
• Fiduciary Duties
• Professional Ethics
• Conflict-of-interest

Kagau & another v Nyaga & another; Kangerwe Holding Company Limited (Interested Party)

Kagau & another v Nyaga & another; Kangerwe Holding Company Limited (Interested Party) [2025] KEHC 6418 (KLR)

Court

High Court

Case number

Commercial Case E003 of 2024

Judge

RM Mwongo

The court found that the dispute between the parties, all being members and directors/shareholders of the company, is governed by the Articles of Association, which contain a binding arbitration clause (Article 31). There was no evidence that the parties had attempted to resolve their differences through arbitration as required. The court emphasized that, under Article 159(2)(d) of the Constitution and the doctrine of exhaustion, it must promote alternative dispute resolution and refrain from exercising jurisdiction where parties have not pursued agreed mechanisms. As the application was not…

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• Derivative Actions
• Company Shareholding
• Articles Of Association
• Arbitration Clauses
• Fiduciary Duties
• Corporate Governance

Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others

Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others [2025] KEELC 3881 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E013 of 2024

Judge

JM Mutungi

The court dismissed an application to disqualify counsel for alleged conflict of interest, finding no доказательство of relevant confidential information or likely prejudice.

• Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duties
• Confidential Information
• Right To Counsel
• Succession Disputes