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Kenya decisions
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Karoki v Capital Group Limited [2025] KEELRC 1884 (KLR)
The court dismissed an employment claim after finding the claimant had resigned and had not pleaded constructive dismissal, so unfair termination was not established.
Njeru v Mukurweini Technical Training Institute [2025] KEHC 6326 (KLR)
The High Court dismissed a small-claims appeal over a contract dispute, holding the agreement was fully performed in 2023 and no 2024 contract existed.
Muturi v Jepchumba & 5 others [2025] KEHC 5653 (KLR)
The High Court at Kitale struck out an application for conservatory orders over a disputed motor vehicle, finding it had no proper legal basis and was sub judice.
Ngii v Rowda Mosque & 2 others [2025] KEHC 6872 (KLR)
The High Court dismissed an appeal arising from a fatal mosque construction Řادثe, holding the lower court lacked jurisdiction because the claim fell under WIBA.
BNM v BNM [2025] KEHC 17232 (KLR)
The court found that the Originating Summons was incurably defective as it was presented under a repealed statute (the Married Women’s Property Act 1882) and under the Land Registration Act, which ousts the jurisdiction of the High Court in such matters. The court emphasized that jurisdiction is fundamental and must be determined at the outset. Since the pleadings invoked statutes that do not vest jurisdiction in the Family Division of the High Court, and the reliefs sought pertain to land matters governed by the Land Registration Act, only the Environment and Land Court has jurisdiction. The…
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Ng'ondu v Mburugu & another [2024] KEELC 6908 (KLR)
The court found that the 1st respondent did not plead or prove that the suit land was matrimonial property or that spousal consent was required for its sale. The 2nd respondent, joined as an interested party, could not introduce new issues of matrimonial property or spousal rights, as these were not pleaded by the principal parties and the Environment and Land Court lacked jurisdiction to determine such matters. The sale agreement between the appellant and 1st respondent was valid and enforceable, having complied with statutory requirements, and the appellant had paid the full purchase price…
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Simba Drilling Company Ltd v Nyambura [2024] KEHC 12571 (KLR)
The High Court dismissed a small claims appeal, holding it raised no valid point of law and upholding the trial court’s decision and costs order.
S.S. Hotels Ltd t/a Royal Court Hotel v Ondunga [2024] KEELRC 2404 (KLR)
The Employment and Labour Relations Court allowed an employer’s appeal, set aside awards for service pay and double shifts, and dismissed the employee’s claim.
Mohamed v Sheikh [2024] KECA 1211 (KLR)
The Court of Appeal held that adverse possession could not ground the ELC decision because it had not been pleaded or raised at trial, and reinstated the trial court judgment.
Nyasama v A.M. Mulwa t/a Swiftways Auctioneers [2024] KEHC 11138 (KLR)
The High Court struck out an application to enforce an Auctioneers Licensing Board order, holding it should have been filed in a subordinate court under section 24(6) of the Auctioneers Act.
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