Kenya Case Law

County Government of Nandi v Morong & another

County Government of Nandi v Morong & another [2025] KEELC 5007 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E015 of 2024

Judge

CK Nzili

The court found that it has jurisdiction to determine whether the sale agreement offends statutes and public policy on procurement and disposal of assets by the plaintiff. The 1st defendant admitted entering the sale agreement, receiving consideration, and allowing possession and development of the land. The court held that the 1st defendant did not plead lack of cause of action or abuse of process in her defence, nor did she offer to refund the consideration or take steps to rescind the contract before filing the application. The court emphasized that striking out a suit is a drastic remedy…

Source excerpt

• Sale Of Land
• Specific Performance
• Public Procurement Compliance
• Temporary Injunctions
• Cause Of Action
• Public Policy

Sasa Contractors Ltd v Jaramogi Oginga Odinga University of Science and Technology & another; Equity Bank (Garnishee)

Sasa Contractors Ltd v Jaramogi Oginga Odinga University of Science and Technology & another; Equity Bank (Garnishee) [2024] KEHC 16011 (KLR)

Court

High Court

Case number

Civil Case E002 of 2023

Judge

DK Kemei

The High Court dismissed a preliminary objection challenging external counsel’s appointment for a public university, holding the issue should be pursued in the proper forum.

• Advocate Appointment
• Public Procurement Compliance
• Representation Of Public Entities
• Advocate-appointment
• Public-procurement
• Civil-procedure

Board of Management Kagumo High School v Weaverbird Garment Manufacturers

Board of Management Kagumo High School v Weaverbird Garment Manufacturers [2024] KEHC 8614 (KLR)

Court

High Court

Case number

Civil Appeal E004 of 2022

Judge

DKN Magare

The High Court allowed an appeal in a garment-supply dispute, finding the respondent failed to prove a contract, procurement basis, and special damages.

• Contract Existence
• Special Damages Pleading
• Burden Of Proof
• Public Procurement Compliance
• Special-damages
• Burden-of-proof

Gonzaga Construction Limited v Insurance Regulatory Authority

Gonzaga Construction Limited v Insurance Regulatory Authority [2024] KEHC 7848 (KLR)

Court

High Court

Case number

Civil Case 363 of 2016

Judge

JWW Mong'are

The High Court dismissed a quantity surveyor’s claim for alleged unpaid fees, finding the plaintiff failed to prove any outstanding balance after technical opinions and payment.

• Professional Fees Dispute
• Consultancy Contracts
• Contractual Variations
• Public Procurement Compliance
• Professional-fees
• Consultancy-contracts

Anti-Counterfeit Agency v Sherman Nyongesa & Mutubia Advocates

Anti-Counterfeit Agency v Sherman Nyongesa & Mutubia Advocates [2024] KEELC 1016 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E046 of 2022

Judge

NA Matheka

The court dismissed a challenge to taxation of an advocate-client bill of costs, holding the lease required the tenant to pay legal costs and no error of principle was shown.

• Taxation Of Costs
• Advocate Client Relationship
• Privity Of Contract
• Public Procurement Compliance
• Taxation-of-costs
• Advocate-client-relations

John Bwire & Associates Advocates v Maghanga, Speaker of the County Assembly of Taita Taveta

John Bwire & Associates Advocates v Maghanga, Speaker of the County Assembly of Taita Taveta [2023] KEHC 18444 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E007 of 2021

Judge

OA Sewe

The High Court held that an advocate-client retainer existed and dismissed the respondent’s motion challenging taxation of the advocate’s bill of costs.

• Advocate Client Relationship
• Retainer Dispute
• Taxation Of Costs
• Public Procurement Compliance
• Advocate-client-relationship
• Retainer-dispute

Oloo & Oloo Advocates v County Government of Kitui

Oloo & Oloo Advocates v County Government of Kitui [2023] KEELC 17417 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Civil Application E004 of 2022

Judge

LG Kimani

The court found that the applicant failed to prove the existence of an advocate-client relationship with the respondent in respect of Machakos ELC 109 of 2018. The only letter of instruction produced related to a different suit (ELC 76 of 2003), and there was no evidence of consolidation or that instructions extended to the suit in question. As the respondent is a public entity, procurement of legal services must comply with Article 227 of the Constitution and the Public Procurement and Asset Disposal Act, requiring a written contract following a competitive process. The applicant did not dem…

Source excerpt

• Advocate Client Relationship
• Public Procurement Compliance
• Taxation Of Costs
• Retainer Requirements

Owiti, Otieno, Ragot Advocates v Board of Directors Lake Victoria South Water Services Board

Owiti, Otieno, Ragot Advocates v Board of Directors Lake Victoria South Water Services Board [2022] KEELRC 13228 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Civil Cause E038 of 2022

Judge

S Radido

The court dismissed an advocate’s application to adopt a fee undertaking as a certificate of costs, finding no exhibited retainer agreement and directing recovery under section 48.

• Advocate Remuneration
• Retainer Agreements
• Fee Certification
• Public Procurement Compliance
• Advocate-remuneration
• Retainer-agreements

Africality CIO t/a Africality Maralal Safari Lodge Limited v Samburu County Government

Africality CIO t/a Africality Maralal Safari Lodge Limited v Samburu County Government [2022] KEELC 2460 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 14 of 2018

Judge

YM Angima

The court held there was no binding lease for Maralal Safari Lodge, as only a head of terms was signed and procurement law was not shown to have been followed. The suit was dismissed.

• Lease Agreements
• Public Procurement Compliance
• Eviction
• Binding Contracts
• State Entities Liability
• Lease-agreements

Mungania Tea Factory Company Ltd & 50 others v Attorney General

Mungania Tea Factory Company Ltd & 50 others v Attorney General [2021] KEHC 8270 (KLR)

Court

High Court

Case number

Petition E002 of 2021

Judge

LM Njuguna

The court found that the Agriculture and Food Authority was not a necessary or proper party to the petition, as the Tea Act 2020 established the Tea Board of Kenya as the regulatory authority for the tea sector, and the applicant had no statutory mandate over tea regulation following the Act's commencement. The petitioners had no claim against the applicant, and the issues before the court concerned the legality and constitutionality of certain provisions of the Tea Act, not their implementation. The court further held that the application was incurably defective due to lack of board authoriz…

Source excerpt

• Joinder Of Parties
• Locus Standi
• Public Procurement Compliance
• Regulatory Authority Mandate
• Procedural Irregularities
• Costs Award