Kenya Case Law

King’ori v Kenya National Library Services; County Government of Nyeri (Third party)

King’ori v Kenya National Library Services; County Government of Nyeri (Third party) [2025] KEELRC 2118 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E019 of 2024

Judge

ON Makau

The court found that the claimant was entitled to salary arrears as calculated under the applicable CBAs, less amounts already paid. The respondent and the third party failed to expressly allocate liability for pre-existing salary arrears in the IPA executed upon transfer of library functions. Article 187(2) of the Constitution requires arrangements for transfer of resources but does not automatically transfer liabilities unless expressly provided. In the absence of such provision, both the respondent and the third party are held jointly and severally liable for the outstanding arrears. The c…

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• Salary Arrears
• Collective Bargaining Agreements
• Transfer Of Functions
• Joint And Several Liability

I & M Bank Limited v Kabew Kenya Limited & 2 others

I & M Bank Limited v Kabew Kenya Limited & 2 others [2025] KEHC 8905 (KLR)

Court

High Court

Case number

Civil Suit 193 of 2018

Judge

FG Mugambi

The court found that the plaintiff bank had established, on a balance of probabilities, that it advanced various credit facilities to the 1st defendant, which were secured by guarantees from the 2nd and 3rd defendants and debentures over the 1st defendant's assets. The defendants admitted receipt of the facilities but failed to adduce evidence to rebut the plaintiff's claim or substantiate their allegation that the bank failed to account for repossessed assets. The court held that the liability of the 2nd and 3rd defendants as guarantors was joint and several but limited to the guaranteed sum…

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• Loan Default
• Guarantee Liability
• Debenture Security
• Joint And Several Liability
• Recovery Of Debt

Speedex Logiistics Limited v Kifaru Enterprises Limited & another

Speedex Logiistics Limited v Kifaru Enterprises Limited & another [2025] KEHC 7221 (KLR)

Court

High Court

Case number

Civil Appeal E057 of 2024

Judge

RC Rutto

High Court appeal from the Small Claims Court concerned liability for missing and damaged manhole covers and whether damages beyond the pleadings could be awarded.

• Breach Of Contract
• Carriage Of Goods
• Burden Of Proof
• Special Damages
• Joint And Several Liability
• Special-damages

Simple Pay Capital Limited v Gems National Academy Limited & 5 others

Simple Pay Capital Limited v Gems National Academy Limited & 5 others [2025] KEHC 5694 (KLR)

Court

High Court

Case number

Commercial Case E204 of 2024

Judge

AA Visram

The High Court dismissed a 3rd defendant’s bid to be struck out, holding that his signed personal guarantee and indemnity made him a necessary party.

• Guarantee Liability
• Personal Guarantee
• Joint And Several Liability
• Loan Enforcement
• Personal-guarantee
• Guarantee-liability

Mugacia & 4 others v Makindi Banks Limited

Mugacia & 4 others v Makindi Banks Limited [2025] KEELC 3583 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 183 of 2017

Judge

MN Gicheru

The court apportioned costs equally among five plaintiffs rather than enforcing the decree only against the 1st plaintiff, and allowed nine months to pay.

• Execution Of Decree
• Apportionment Of Costs
• Joint And Several Liability
• Pro Rata Payment
• Execution-of-decree
• Apportionment-of-costs

Abdalla & another v Seyoum

Abdalla & another v Seyoum [2025] KEHC 2020 (KLR)

Court

High Court

Case number

Civil Appeal 73 of 2020

Judge

JK Ng'arng'ar

The High Court partly allowed an appeal over vehicle clearance and demurrage, finding an agency relationship and lien issues but rejecting joint liability for all defendants.

• Agency Relationships
• Lien And Security Interests
• Fraudulent Transfer
• Demurrage Charges
• Joint And Several Liability
• Agency-law

Occidental Insurance Company Limited v Ibrahim & another

Occidental Insurance Company Limited v Ibrahim & another [2025] KEHC 16886 (KLR)

Court

High Court

Case number

Civil Appeal E044 of 2024

Judge

JK Ng'arng'ar

The High Court upheld joint and several liability over a burnt vehicle but reduced compensation from Kshs. 600,000 to Kshs. 250,000 after deducting salvage value.

• Insurance Liability
• Joint And Several Liability
• Assessment Of Damages
• Indemnity
• Breach Of Contract
• Duty Of Care

Occidental Insurance Company Limited v Ibrahim & another

Occidental Insurance Company Limited v Ibrahim & another [2025] KEHC 1497 (KLR)

Court

High Court

Case number

Civil Appeal E044 of 2024

Judge

JK Ng'arng'ar

The Appellant and the 2nd Respondent were held jointly and severally liable because their actions, while based on different legal grounds (contract for the insurer, duty of care/tort for the garage), combined to cause the same damage (total loss of the vehicle). The compensation awarded to the 1st Respondent was the difference between the pre-accident value of the vehicle and its salvage value, consistent with established legal principles for calculating damages for a written-off vehicle.

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• Insurance Contracts
• Joint And Several Liability
• Assessment Of Damages
• Indemnity
• Duty Of Care
• Apportionment Of Liability

Nyane v Western Steel Mills Ltd & another

Nyane v Western Steel Mills Ltd & another [2024] KEELRC 13396 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 156 of 2017

Judge

MA Onyango

The court found that the Claimant was employed by the 2nd Respondent, Jokali Handling Services Ltd, which was contracted by the 1st Respondent, Western Steel Mills Ltd, to provide manpower. There was insufficient evidence to establish that the 1st Respondent was the employer or exercised sufficient control to be liable for the Claimant's termination. The 2nd Respondent, having failed to participate in the proceedings despite proper service, was found liable for the unfair termination and ordered to pay the Claimant specific terminal dues and compensation. The court dismissed claims against th…

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• Unfair Termination
• Employment Relationship
• Contract Of Service
• Terminal Benefits
• Joint And Several Liability

Ndetei & 2 others (All Suing in Representative Capacity for 56 others) v Director of Lands and Urban Planning County Government of Makueni & another

Ndetei & 2 others (All Suing in Representative Capacity for 56 others) v Director of Lands and Urban Planning County Government of Makueni & another [2024] KEELC 7518 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 321 of 2017

Judge

TW Murigi

The court dismissed an application to apportion taxed costs among representative plaintiffs, holding the liability was joint and several and the court was functus officio.

• Costs Apportionment
• Joint And Several Liability
• Execution Of Decree
• Taxation Of Costs
• Costs-apportionment
• Joint-and-several-liability