Esheria Kenya Case Law
Sign in
Kenya Source-linked decisions Coverage checked

Kenya Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter Kenya case law

Results update automatically as you type.

Kenya decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2025] KECA 1264 (KLR)

Dhiman v Shah

Dhiman v Shah [2025] KECA 1264 (KLR)

Court
Court of Appeal
Case number
Civil Appeal E380 of 2023
Judges
PO Kiage, WK Korir, JM Ngugi

The Court of Appeal held that setting aside the ex parte judgment of 16th September 1999 nullified all consequential orders, including the vesting order and transfer of the suit property to the respondent. The court found the loan agreement void for unconscionability, as the interest rate of 36% compounded quarterly over decades would result in an oppressive and disproportionate liability, violating principles of fairness and equity. The court rejected the argument that the agreement was illegal under the Banking Act, finding no evidence the respondent was engaged in habitual money lending. T…

Source excerpt

  • Loan Agreements
  • Unconscionable Contracts
  • Public Auction Of Property
  • Rectification Of Land Register
  • Unjust Enrichment
Read case analysis
Commercial And Corporate [2025] KEHC 9683 (KLR)

Kinuu v Wanyonyi

Kinuu v Wanyonyi [2025] KEHC 9683 (KLR)

Court
High Court
Case number
Civil Appeal 6 of 2017
Judge
RK Limo

The High Court dismissed an appeal over a disputed loan claim, finding the appellant had not proved the alleged Kshs.320,000 debt and that the transaction appeared unlawful.

  • Money Lending
  • Loan Agreements
  • Burden Of Proof
  • Illegality Of Contract
  • Interest On Loans
  • Money-lending
Read case analysis
Commercial And Corporate [2025] KEHC 9541 (KLR)

Timau Ventures Limited v Gichuki

Timau Ventures Limited v Gichuki [2025] KEHC 9541 (KLR)

Court
High Court
Case number
Civil Appeal 223 of 2023
Judge
BK Njoroge

The High Court dismissed an appeal from the Small Claims Court, holding that the appellant failed to prove the loan was disbursed or that a binding loan contract existed.

  • Loan Agreements
  • Burden Of Proof
  • Contract Formation
  • Appeals On Points Of Law
  • Loan-agreements
  • Burden-of-proof
Read case analysis
Civil Procedure [2025] KEHC 9189 (KLR)

Diamond Trust Bank Kenya Limited v Thuranira

Diamond Trust Bank Kenya Limited v Thuranira [2025] KEHC 9189 (KLR)

Court
High Court
Case number
Commercial Miscellaneous Application E611 of 2025
Judge
BK Njoroge

The High Court determined that it has the statutory power to transfer suits to subordinate courts where the subject matter falls within the subordinate court's pecuniary jurisdiction. The Applicant's claim, being for Kshs. 2,490,416.30, is well within the Chief Magistrate's Court's jurisdictional limit of Kshs. 20,000,000. The Court found that judicial policy and the law favour the filing of matters in the lowest competent court to promote efficiency and access to justice. There was no evidence of prejudice to the Respondent, and the draft Plaint disclosed triable issues. Accordingly, the Cou…

Source excerpt

  • Transfer Of Suits
  • Pecuniary Jurisdiction
  • Loan Agreements
  • Court Jurisdiction
Read case analysis
Civil Procedure [2025] KEHC 8718 (KLR)

Diamond Trust Bank Kenya Limited v Rambeka

Diamond Trust Bank Kenya Limited v Rambeka [2025] KEHC 8718 (KLR)

Court
High Court
Case number
Commercial Miscellaneous Application E535 of 2025
Judge
BK Njoroge

The court found that the Chief Magistrates Court has the requisite pecuniary jurisdiction to hear and determine the Applicant's claim, which is for Kshs. 1,562,749.96, well within the Kshs. 20,000,000 limit for a Chief Magistrate. The High Court, vested with unlimited original jurisdiction, also has the statutory power to transfer matters to subordinate courts where appropriate. The court emphasized that judicial policy and statutory provisions favour filing matters in the lowest competent court to promote efficiency and proper allocation of judicial resources. Since the intended suit falls w…

Source excerpt

  • Transfer Of Suits
  • Pecuniary Jurisdiction
  • Loan Agreements
  • Court Jurisdiction
Read case analysis
Civil Procedure [2025] KEHC 7825 (KLR)

Ngugi v Ntinyari t/a Vantage Adventurous

Ngugi v Ntinyari t/a Vantage Adventurous [2025] KEHC 7825 (KLR)

Court
High Court
Case number
Civil Appeal 249 of 2023
Judge
FN Muchemi

The High Court dismissed an appeal over whether money advanced was a loan or a business investment, finding the loan claim unproven and bias unsubstantiated.

  • Burden Of Proof
  • Loan Agreements
  • Business Relationships
  • Standard Of Proof
  • Duress In Contracts
  • Civil-appeals
Read case analysis
Civil Procedure [2025] KEHC 7813 (KLR)

Muinde v Mbithi

Muinde v Mbithi [2025] KEHC 7813 (KLR)

Court
High Court
Case number
Civil Appeal E086 of 2024
Judge
EN Maina

The High Court dismissed a civil appeal over an alleged Kshs. 520,000 loan, holding the appellant had not proved the agreement or payment and noting possible illegality.

  • Burden Of Proof
  • Loan Agreements
  • Forgery Of Documents
  • Illegality Of Contracts
  • Burden-of-proof
  • Loan-agreements
Read case analysis
Commercial And Corporate [2025] KEHC 6066 (KLR)

Onyango v Oketch

Onyango v Oketch [2025] KEHC 6066 (KLR)

Court
High Court
Case number
Civil Appeal E043 of 2023
Judge
BM Musyoki

The High Court partly allowed a loan repayment appeal, reassessing evidence of payments and reducing the debt award to Kshs 54,812 with costs split.

  • Loan Agreements
  • Debt Recovery
  • Interest On Loans
  • Loan-agreements
  • Debt-recovery
  • Interest-on-loans
Read case analysis
Civil Procedure [2025] KEHC 6569 (KLR)

Thumbi v Karioki

Thumbi v Karioki [2025] KEHC 6569 (KLR)

Court
High Court
Case number
Civil Case E383 of 2024
Judge
F Gikonyo

The court found that the present suit and the Kiambu High Court suit involve the same parties and the same subject matter, namely the loan agreement dated 21st June 2023. The doctrine of sub judice, as codified in section 6 of the Civil Procedure Act, applies to prevent multiplicity of suits and the risk of conflicting decisions. However, the court held that striking out the suit is not always the appropriate remedy; instead, the suit should be transferred to the Kiambu High Court for consolidation or joint hearing with the earlier suit. This approach balances the need to avoid abuse of proce…

Source excerpt

  • Sub Judice
  • Striking Out Pleadings
  • Loan Agreements
  • Abuse Of Process
Read case analysis
Commercial And Corporate [2025] KEHC 5561 (KLR)

Barak Fund SPC Limited (Acting on Behalf of Barak Structured Trade Finance Segregated Portfolio) v Tron Enterprise Limited

Barak Fund SPC Limited (Acting on Behalf of Barak Structured Trade Finance Segregated Portfolio) v Tron Enterprise Limited [2025] KEHC 5561 (KLR)

Court
High Court
Case number
Civil Appeal E560 of 2024
Judge
RC Rutto

The court found that the applicant had satisfied all statutory requirements for recognition and enforcement of a foreign judgment under the Foreign Judgments (Reciprocal Enforcement) Act. The United Kingdom is a reciprocating country, and the judgment arose from a contractual dispute to which both parties had submitted to the exclusive jurisdiction of the English courts. The respondent was duly served but failed to participate in the foreign proceedings or challenge the judgment within the prescribed time. The respondent's objections regarding public policy and excessive sums were unsubstanti…

Source excerpt

  • Foreign Judgment Enforcement
  • Loan Agreements
  • Contractual Interest
  • Public Policy Exception
Read case analysis

About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.