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Kenya decisions
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Ondiek v Ondiek [2025] KEELC 5386 (KLR)
The Environment and Land Court dismissed a preliminary objection on limitation, finding the dispute turned on contested facts and not a pure point of law.
Teachers Service Commission v Macharia [2025] KEELRC 2152 (KLR)
The Employment and Labour Relations Court held that section 90 of the Employment Act (now section 89) imposes a strict three-year limitation period for employment-related claims, with no statutory provision for extension. The trial court erred in granting leave to file suit out of time, as the law does not permit enlargement of time for contractual claims under the Employment Act. The respondent's medical condition and reliance on sections 27 and 28 of the Limitation of Actions Act were insufficient, as those provisions do not apply to employment contracts. The court further found that limita…
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Mwinyi v Bhai & another [2025] KECA 1309 (KLR)
The Court of Appeal held that the appellant, having purchased only a house without land, had no right to demolish and reconstruct a new structure on the respondents' land without their consent. The concept of 'house without land' does not confer proprietary rights over the land itself, and any alteration or reconstruction requires the landowner's approval. The appellant's actions in demolishing the original house and constructing a new one without consent constituted trespass. The court further found that the tort of trespass was a continuing injury, so the suit was not time-barred despite th…
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Turere v Thindu & 6 others [2025] KEELC 5443 (KLR)
The court found that although the petition was improperly brought as a constitutional petition rather than an ordinary civil suit, it proceeded to determine the merits due to the protracted history of the case. The evidence demonstrated that the petitioner had entered into valid, written sale agreements with the 1st to 4th respondents, received the agreed purchase price, and participated in the subdivision and transfer process, including obtaining Land Control Board consent. The court found no credible evidence of fraud or illegality in the transfer of the land. The petitioner's claims of ill…
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Dpl Festive Limited v Okuny [2025] KEELRC 2122 (KLR)
The Employment and Labour Relations Court allowed an employer’s appeal, set aside awards for notice pay and unpaid salary, but left the certificate of service intact.
Kitui Flor Mills Limited v Katiru [2025] KEELRC 2099 (KLR)
The ELRC allowed an appeal by Kitui Flor Mills Limited and set aside an award to a former worker, holding the claim was filed outside the 3-year limitation period.
Mbogo v Njau & another [2025] KEELC 5345 (KLR)
The court upheld an adverse possession claim over 6.30 acres in Kirinyaga, finding the plaintiff and her family had occupied the land openly and continuously for decades.
EKB v ECS & 2 others [2025] KEELC 5352 (KLR)
The court found that the cause of action, as pleaded by the Appellant, arose in 1993 when the 1st Respondent allegedly frustrated the transfer of the suit property. The suit was filed in 2021, well beyond the 12-year limitation period prescribed by Section 7 of the Limitation of Actions Act. The Appellant's argument that the cause of action arose in 2014 upon lodging a complaint at the Ministry of Lands was rejected, as the pleadings and prayers in the Plaint clearly indicated the dispute originated in 1993. The trial magistrate was correct in upholding the preliminary objection and striking…
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Njoroge v Equity Bank Kenya Limited [2025] KEELRC 2140 (KLR)
The ELRC struck out a constitutional petition against Equity Bank as res judicata, finding the claims arose from the same employment dispute previously determined.
Habashow v Hilltop Engineering and Technical Services Limited [2025] KEELC 5455 (KLR)
The court found that the Plaintiff's claim was based on breach of contract, specifically the Defendant's failure to give vacant possession of the suit properties for over ten years. The applicable limitation period for actions founded on contract is six years under Section 4(1)(a) of the Limitation of Actions Act. The Plaintiff's argument that the claim was for recovery of land and thus subject to a 12-year limitation under Section 7 was rejected, as the pleadings indicated the cause of action was breach of contract. The court held that the suit was clearly time barred and that no discretion…
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