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Kenya decisions
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Alwang’a v Cedar Springs Limited [2025] KEELRC 2073 (KLR)
The court allowed an employment claim for unfair termination, awarding notice pay, compensation, underpayment, and house allowance after the respondent led no evidence.
Olande v Hajee [2025] KEHC 9063 (KLR)
The High Court found that the oral agreement between the parties was for property management and not for the disposition of an interest in land, rendering Section 3(3) of the Law of Contract Act inapplicable. The respondent discharged the legal burden of proof by producing M-Pesa statements and credible testimony, which the appellant failed to rebut. The court held that electronic records are admissible under Section 78A of the Evidence Act and that the trial court properly evaluated the evidence. The appellant's arguments regarding the lack of written agreement and the authenticity of the M-…
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Shihungu v Morrison [2025] KEELRC 1901 (KLR)
The Employment and Labour Relations Court allowed an appeal, found an employment relationship proved on oral and documentary evidence, and held the termination unfair.
Bachulal Popatlal (K) Limited v Midland Construction Co Limited & another [2025] KEHC 8695 (KLR)
The High Court held that a bank guarantee could secure pre-existing debt, set aside an injunction, and entered judgment for the appellant for Kshs 4,840,357.
Njuguna v Nyakinyua Investment Co Ltd [2025] KEELC 4689 (KLR)
The court found that although the Plaintiff paid Kshs 1,100,000 for two plots and was put in possession of both, the transaction for Plot 77 (Ruiru/Mugutha Block 1/6119) was void for lack of Land Control Board consent as required by the Land Control Act. The Plaintiff failed to provide sufficient documentary evidence (such as mutation forms or subdivision plans) to conclusively link Plot 77 to the registered parcel Ruiru/Mugutha Block 1/6119. However, the receipts and possession supported the Plaintiff's claim that payment was made for both plots. In accordance with Section 7 of the Land Cont…
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Warika v Luseneka [2025] KEHC 8531 (KLR)
The High Court dismissed an appeal over a refund claim for survey fees, finding the respondent proved an oral agreement and that limitation was not established.
Vibhuti Hardware Limited v Mirage Supply and Contractors Ltd [2025] KEHC 8313 (KLR)
The court found that, despite the absence of a formal written contract, the conduct of the parties—including the placement of orders, delivery and receipt of goods, issuance and acknowledgment of invoices, and the defendant's lack of protest—demonstrated the existence of an enforceable oral contract. The plaintiff discharged its burden of proof by providing consistent evidence of delivery and acknowledgment, including invoices signed and stamped by the defendant and a letter from the defendant admitting the debt. The defendant's denials were unsubstantiated, as it failed to produce LPOs or fo…
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Dhanji t/a Kak Enterprises v Mirage Supply and Contractors Ltd [2025] KEHC 8297 (KLR)
The court found that an oral contract existed between the parties for the supply of building materials, as evidenced by the consistent course of dealings, delivery notes, invoices bearing the defendant's stamp and signature, and the defendant's own admission of indebtedness in a letter. The defendant failed to rebut the plaintiff's evidence or produce contrary documentation such as LPOs or inventory records. The issuance of dishonoured cheques and the unequivocal admission of debt in correspondence further established the defendant's liability. The court held that while the invoices provided…
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Toddy Civil Engineering Limited v Adkins Equipment Supplies Limited [2025] KECA 988 (KLR)
The Court of Appeal dismissed a second appeal over payment for sand deliveries, holding that the appellant’s bare denial was insufficient against unchallenged documents.
Basta & Sons Limited v Compact Freight Systems Limited [2025] KEHC 6911 (KLR)
The High Court at Mombasa awarded the plaintiff unpaid hire and repair sums, dismissed the defendant’s counterclaim, and granted interest from 18 May 2019.
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