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Kenya decisions
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Mwaduna v Maina [2025] KEHC 10150 (KLR)
The High Court dismissed an appeal over alleged child maintenance arrears, holding that the appellant had not proved full payment on a balance of probabilities.
Makilya & another v Simeon & another [2025] KEELC 3931 (KLR)
The Environment and Land Court dismissed an appeal over alleged fraudulent transfer of land, finding no proof of ownership, payment, or fraud, and holding the suit was not time-barred.
China Wu Yi (Kenya) Company Limited v Ms Advocates LLP [2024] KEELC 14033 (KLR)
The Environment and Land Court dismissed an appeal over a tenancy dispute, upholding findings on rent waiver during sale negotiations and the Tribunal’s rent assessment.
Kibaru v Ithaara & another [2024] KEHC 9431 (KLR)
High Court appeal dismissed for failure to prove a liquidated claim for Ksh. 3,000,000, with the court finding no basis to disturb the trial magistrate’s evaluation of the evidence.
Mburu v Muhoro [2024] KEHC 8679 (KLR)
The High Court dismissed a commercial appeal over Kshs. 400,000 allegedly paid to process title deeds, finding the respondent proved payment and the appellant failed to rebut it.
Njuguna t/a Propensity Properties Consultants v Githunguri & another [2023] KEHC 26582 (KLR)
The High Court found an oral agency contract existed for a land sale, but held the estate agent’s claim for commission was illegal because he lacked a valid registration certificate during the relevant period.
Gids Telecommunications Services Ltd v Mwaka [2023] KEHC 26200 (KLR)
The High Court allowed the appeal, set aside the trial judgment, and ordered release of the appellant’s detained drilling equipment or payment of its market value.
Mukaisi v Mwenga [2023] KEBPRT 690 (KLR)
The Tribunal dismissed a tenant’s bid for a temporary injunction, finding no prima facie case or irreparable harm, and ordered payment of rent arrears.
Bahadul v Republic [2023] KEHC 19376 (KLR)
The High Court found that while there was no dispute that the complainant sent substantial sums of money to the appellant, the prosecution failed to prove beyond reasonable doubt that the appellant fraudulently converted the funds for his own use. The evidence showed that the transactions were based on oral and unwritten instructions, and the appellant provided plausible explanations and partial accounting for the funds. The complainant's own admissions regarding false declarations and lack of specific instructions further weakened the prosecution's case. The trial court's reliance on inconsi…
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Omune (Suing as the personal representative of the Estate of Domnicus Omune Muga - Deceased) v Oloo (sued as the Personal Representative of the estate of Lazaro Oloo Sewe - Deceased) [2022] KEELC 26 (KLR)
The court found that the only valid agreement between the parties was the written sale agreement for West Alego Komenya Kalaka/866, which complied with the statutory requirements for contracts involving land. There was no credible evidence of an oral agreement to vary the written contract to include a portion of West Alego Komenya Kalaka/903, and the respondent failed to produce documentary proof such as mutation forms or survey maps reflecting such variation. The trial court erred in applying equitable principles to override the clear statutory requirements and in granting specific performan…
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