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Kenya decisions
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Titus Githinji Nderitu t/a Timau Ventures v Ng’ang’a & another [2025] KEHC 4871 (KLR)
The High Court struck out an appeal for a defective record of appeal because key evidentiary documents were omitted, preventing review on the merits.
Auto Hauliers (K) Limited v Ministry of Lands and Physical Planning & 4 others [2024] KEELC 7411 (KLR)
The court found that Order 5 of the judgment contained an arithmetical error in the calculation of general damages for loss of use. The award of KES 90,000,000 as 5% of KES 360,000,000 was incorrect, as 5% of that sum is KES 18,000,000. Applying section 99 of the Civil Procedure Act and the slip rule, the court held it has jurisdiction to correct such errors to reflect its true intention. The court clarified that the petitioner is entitled to KES 18,000,000 per year for six years (2017–2022), totaling KES 108,000,000, with interest as previously ordered. The application for rectification was…
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Britam General Assurance Company (K) Limited v Makau t/a Wharton Consultants [2024] KEHC 9944 (KLR)
The High Court held that under Section 203(1) of the Insurance Act, an insurer is required to pay a claim within ninety days of reporting, with a possible extension of thirty days if granted by the Commissioner. The issuance of a discharge voucher by the insurer is sufficient proof that payment is due. If the insurer fails to pay within the statutory period and does not seek an extension, a new cause of action arises for any loss suffered by the insured due to the delay, including loss of use. The court found that awarding damages for loss of use in addition to the pre-accident value does not…
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Njuguna v Ndungu; Startruck Auctioneers Investment Ltd (Interested Party) [2024] KEHC 7726 (KLR)
The court found that the applicant failed to provide sufficient evidence to substantiate the alleged illegality of the proclamation and attachment of the motor vehicle or to prove loss of use and entitlement to damages. The only affidavit in support was sworn by the applicant's counsel, which was improper as it contained contentious matters outside her personal knowledge, contrary to the Civil Procedure Rules and Advocates (Practice) Rules. The court also held that, under the Auctioneers Rules, the debtor is responsible for auctioneers' charges unless specific exceptions apply, which were not…
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Jackson Ruiru v Kenya Revenue Authority [2017] KEHC 2044 (KLR)
The court found that the seizure of the plaintiff's lorry by the Kenya Revenue Authority was irregular and unlawful. The Notice of Seizure was not properly served, was addressed incorrectly, and the lorry itself was not uncustomed as all duties had been paid. The plaintiff was acquitted in related criminal proceedings, which was conclusive evidence that he did not acquire uncustomed goods or divert goods into the local market. The defendant's counterclaim for penalties and warehouse rent was dismissed as the seizure was not justified. The plaintiff was entitled to general damages for unlawful…
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Marshall’s East Africa Limited v Wilson Osoro [1993] KECA 92 (KLR)
The Court of Appeal held that a repairer’s lien had been lost after delivery of the vehicle, reduced damages for loss of use, and allowed the repairer’s counterclaim.
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