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Commercial law [2026] KEHC 11240 (KLR)

HFC Ltd v Kagete

HFC Ltd v Kagete (Commercial Appeal E012 of 2025) [2026] KEHC 11240 (KLR) (24 July 2026) (Judgment)

Court
High Court
Case number
Commercial Appeal E012 of 2025
Judge
["J Ngaah"]

The respondent’s claim was barred by limitation because the cause of action accrued in 2007 when the alleged failure to deliver vacant possession occurred, and suit was filed only in 2022 well outside the six-year contractual and three-year tort limitation periods. The doctrines of continuing breach and lis pendens could not suspend or extend time under the Limitation of Actions Act. The trial court therefore had no jurisdiction to enter judgment on the claim, and its judgment was a nullity.

Source excerpt

  • Breach of contract
  • Vacant possession under sale agreement
  • Limitation of actions
  • Jurisdictional effect of limitation
  • Continuing breach argument
  • Lis pendens
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Civil procedure [2026] KECA 1507 (KLR)

South Nyanza Sugar Company Limited v Ongonga

South Nyanza Sugar Company Limited v Ongonga (Civil Appeal 178 of 2020) [2026] KECA 1507 (KLR) (24 July 2026) (Judgment)

Court
Court of Appeal
Case number
Civil Appeal 178 of 2020
Judge
["MS Asike-Makhandia", "HA Omondi", "LK Kimaru"]

The Court held that the High Court properly re-evaluated the evidence and correctly upheld the trial court because the respondent had proved breach of the sugarcane farming contract and consequent loss on a balance of probabilities. The awards for the first and second ratoon crops were supported by the acreage, yield report, cane price schedules, and contractual/statutory deductions. The appellant’s mitigation and jaggery-sale defences were unavailable because they were not properly pleaded or proved. Interest from the date of filing suit was lawful under section 26 of the Civil Procedure Act…

Source excerpt

  • Second appeal scope
  • Breach of sugarcane farming contract
  • Compensation for lost ratoon crops
  • Special damages and proof
  • Mitigation of loss
  • Interest on damages
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Employment and labour law [2026] KEELRC 1990 (KLR)

Nekono v Pada Security & Alarm System

Nekono v Pada Security & Alarm System (Employment and Labour Relations Appeal E117 of 2024) [2026] KEELRC 1990 (KLR) (15 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E117 of 2024
Judge
["DKN Marete"]

The trial court had already made a binding finding of unfair, un-procedural and unlawful termination, so the only live question was remedy. By denying compensation altogether without engaging the mandatory Section 49(4) factors, the trial court committed an error of law. Immediate re-employment mitigated loss and reduced quantum, but it did not extinguish the statutory right to compensation. The appropriate award was three months' gross salary.

Source excerpt

  • Unfair termination
  • Section 49 compensation
  • Section 41 procedural fairness
  • Mitigation of loss
  • First appeal re-evaluation
  • Leave pay claim
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Civil litigation [2026] KEMC 295 (KLR)

Ndambuki v Bahari Forwarders Ltd

Ndambuki v Bahari Forwarders Ltd (Civil Case E185 of 2023) [2026] KEMC 295 (KLR) (2 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Civil Case E185 of 2023
Judge
["YA Shikanda"]

The plaintiff proved the material damage claim through an assessment report and receipts, but not every pleaded item. The court accepted repair and related proven expenses, rejected unsupported special damage items, and found the claimed three-month loss of income excessive because the evidence showed the vehicle could have been repaired much sooner. Applying mitigation and the evidence on repair duration, the court awarded loss of user for 10 days only, then reduced the total by the agreed 15% contribution.

Source excerpt

  • Liability apportionment
  • Special damages
  • Loss of income/loss of user
  • Proof of damages
  • Mitigation of loss
  • Interest on damages
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Civil procedure [2026] KEHC 9826 (KLR)

Atunga v Monyenye

Atunga v Monyenye (Civil Appeal E075 of 2025) [2026] KEHC 9826 (KLR) (2 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E075 of 2025
Judge
["RK Koech"]

The respondent failed to strictly prove the alleged daily income and the extent of loss of user. He produced no sufficient records such as schedules, payments, bank or Mpesa statements, and his evidence on earnings was a bare assertion. The vehicle was kept in a garage for an unjustified year, contrary to mitigation. The trial court therefore erred in adopting the claimed income and period, and the High Court was entitled to interfere with the award as it was inordinately high and unsupported by evidence. The award for loss of user was reduced from Ksh. 1,424,000/= to Ksh. 300,000/=.

Source excerpt

  • Loss of user
  • Special damages proof
  • Appellate interference with damages
  • Mitigation of loss
  • Vicarious liability
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Landlord-tenant [2026] KEHC 7820 (KLR)

Eens Ltd v Dac Motors Ltd

Eens Ltd v Dac Motors Ltd (Civil Suit E001 of 2021) [2026] KEHC 7820 (KLR) (4 June 2026) (Judgment)

Court
High Court
Case number
Civil Suit E001 of 2021
Judge
["RC Rutto"]

The Court found that a valid and binding lease existed because the Defendant failed to prove non-execution and its conduct in occupying and paying rent confirmed assent. It held that the Defendant breached the lease by vacating before expiry without lawful justification or proved notice. However, the Plaintiff failed to prove legal fees and restoration costs, and could not recover rent for the entire unexpired term. The proper remedy was compensatory damages equivalent to one year’s rent, plus only proven rent arrears, with interest.

Source excerpt

  • Lease validity
  • Breach of lease
  • Rent arrears
  • Damages for premature vacation
  • Proof of special damages
  • Mitigation of loss
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Employment and labour law [2026] KECA 971 (KLR)

Kuria v Kenya Broadcasting Corporation

Kuria v Kenya Broadcasting Corporation (Civil Appeal 382 of 2018) [2026] KECA 971 (KLR) (15 May 2026) (Judgment)

Court
Court of Appeal
Case number
Civil Appeal 382 of 2018
Judge
["F Tuiyott", "P Nyamweya", "WK Korir"]

The Court of Appeal held that the appellant could not recover anticipatory salaries, pension, or other future benefits up to retirement because such claims lack a legal foundation, especially under the repealed Employment Act applicable at the time of termination. The only recoverable remedies were limited terminal entitlements, and the trial court correctly dismissed the lost earnings and exemplary damages claim while upholding the leave days award and the respondent’s counterclaim.

Source excerpt

  • Unlawful termination
  • Anticipatory salaries
  • Leave days dues
  • Burden of proof
  • Quantum of damages
  • Counterclaim
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Civil procedure [2026] KEHC 6554 (KLR)

Mortex Limited v Kavita & 2 others

Mortex Limited v Kavita & 2 others (Civil Appeal E111 of 2020) [2026] KEHC 6554 (KLR) (Civ) (11 May 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E111 of 2020
Judge
["FR Olel"]

The trial court applied the wrong legal approach by insisting on strict proof for a loss of user claim arising from a commercially used truck that had been written off. The governing Kenyan position is that such a claim is in the nature of general damages, to be assessed on a balance of probabilities using the available evidence and reasonable judicial estimation. On the evidence, the appellant was entitled to compensation, but only for a reasonable period reflecting commercial realities and the duty to mitigate loss. The court therefore substituted the lower court’s dismissal with an award o…

Source excerpt

  • Loss of user
  • Special damages
  • General damages
  • Burden of proof
  • First appeal re-evaluation
  • Vicarious liability
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Civil procedure [2026] KEHC 6294 (KLR)

Karigi v Explico Insurance Company Limited & another

Karigi v Explico Insurance Company Limited & another (Civil Appeal E105 of 2024) [2026] KEHC 6294 (KLR) (7 May 2026) (Judgment)

Court
High Court
Case number
Civil Appeal E105 of 2024
Judge
["HM Nyaga"]

The appellant proved breach by the 1st respondent only: the insurer had a valid policy and failed to settle the repair debt in time, causing the vehicle to remain detained. The 2nd respondent was entitled to retain the vehicle under lien for unpaid repairs and was not liable to the appellant. Although the receipts supporting transport expenses were procedurally defective, the court still awarded reasonable loss of use compensation against the 1st respondent, but limited the period to 60 days because the appellant failed to mitigate loss promptly.

Source excerpt

  • First appeal re-evaluation
  • Breach of insurance contract
  • Lien over repaired motor vehicle
  • Loss of user damages
  • Mitigation of loss
  • Stamp duty admissibility of receipts
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Employment law [2026] KEELRC 967 (KLR)

Magma Holdings Limited v Musembi

Magma Holdings Limited v Musembi (Employment and Labour Relations Appeal E024 of 2025) [2026] KEELRC 967 (KLR) (17 April 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E024 of 2025

The trial court was correct in awarding compensation for unfair termination under Section 49(1)(c) of the Employment Act, but failed to consider the Respondent’s duty to mitigate loss by declining reinstatement. Therefore, the compensation was excessive and revised to five months’ salary.

Source excerpt

  • Unfair termination
  • Compensatory damages
  • Mitigation of loss
  • Employment contract
  • Notice pay
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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.