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Kenya decisions
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Mwangi v Kibugu & another [2025] KEELC 5175 (KLR)
The court dismissed a land dispute application to amend pleadings and join a third defendant, holding it was res judicata because a similar application had already been decided.
Gikurumi v Nzuve & another [2025] KEHC 9616 (KLR)
The court held that the Applicant's motion was fundamentally misconceived. The issues of the insurer's liability under Section 10 of the Insurance (Motor Vehicle Third Party Risks) Act and the insurance contract were not litigated or determined at trial or on appeal. The appellate court's jurisdiction is limited to matters raised in the pleadings and cannot be expanded to entertain substantive declaratory relief by motion post-judgment. The proper procedure for seeking such relief is by instituting a substantive suit, not by motion. Furthermore, there was no evidence or judgment against the i…
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BGP Kenya Limited v Erin Energy Kenya Limited; Ministry of Energy (Garnishee) [2025] KEHC 9428 (KLR)
The High Court set aside a consent order over seismic data, held the Ministry of Energy could not be compelled through garnishee proceedings, and dismissed BGP’s application.
Kimuri Housing Company Limited & another v GC Retail Limited & 9 others [2025] KEELC 4861 (KLR)
The court found that Kimuri Housing Company Limited was not a party to the original sale agreement between Meru North Co-operative Union Limited and Mwenendo Investment Co. Ltd, and there was no valid nomination or assignment allowing Kimuri to step into the purchaser's shoes. The sale agreement did not provide for nomination, and Kimuri failed to establish any recognized exception to the doctrine of privity of contract. The purported transfer to Kimuri was effected during the pendency of litigation, contrary to the doctrine of lis pendens, and failed to comply with statutory requirements und…
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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.
Obore (Suing as the Official and Member of the Kenya Ships Contractors Association) v CECM - Environment and Solid Waste Management Mombasa County & 8 others [2025] KEHC 9182 (KLR)
The court found that the applicant failed to establish a prima facie case for the grant of conservatory orders. The applicant and its members did not have contracts with the respondents, and the County Government of Mombasa has the constitutional and statutory mandate to manage solid waste, including at the port. The court emphasized the presumption of constitutionality of county legislation and found no extraordinary reasons to depart from this presumption. The dispute was characterized as a private matter, and the court held that denial of the orders would not render the substratum of the s…
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Galaxy Merchant’s Limited & another v Kwagara & another [2025] KEELC 5024 (KLR)
The Environment and Land Court allowed the appeal, set aside orders of injunction and refund against the appellants, and held the dispute lay against the original vendor.
Namo Hardware Ltd v Cherangani Investment Co Ltd; Amar Hardware & Electricals (Interested Party) [2025] KEELC 4469 (KLR)
The court found a periodic tenancy arose by conduct, held the defendant’s lockout unlawful, awarded the plaintiff damages, and dismissed the counterclaim.
Olembo v Nalanda [2025] KEELC 4484 (KLR)
The court held that the lease expired, the defendant lacked a valid basis to stay, and the alleged new 120-acre lease was unenforceable against the plaintiff.
Solfitra Limited & another v Wairimu & another; SBM Bank Kenya (Formerly Fidelity Commercial Bank) (Guarantor) [2025] KEHC 7978 (KLR)
The High Court dismissed an application to release bank guarantee funds, finding no proof that demand was served on the guarantor bank.
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