Kenya Case Law

Githuthu v Kenya Deposit Insurance Corporation (Sued on Behalf of Trust Finance Limited, Under Central Bank of Kenya Statutory Management & Under Liquidation of the Deposit Protection Fund) & another

Githuthu v Kenya Deposit Insurance Corporation (Sued on Behalf of Trust Finance Limited, Under Central Bank of Kenya Statutory Management & Under Liquidation of the Deposit Protection Fund) & another [2025] KEHC 7331 (KLR)

Court

High Court

Case number

Civil Case 813 of 1999

Judge

FG Mugambi

The High Court partly allowed a banking dispute, ordering a fresh statement of account and entering a reduced counterclaim judgment after crediting sale proceeds.

• Loan Facilities
• Statutory Power Of Sale
• Bank Liquidation
• Security Interests
• Res Judicata
• Account Rendering

Chomba & 3 others v Emco Steel Works Limited & another

Chomba & 3 others v Emco Steel Works Limited & another [2025] KEHC 6538 (KLR)

Court

High Court

Case number

Civil Suit 1588 of 2000

Judge

A Mabeya

The High Court dismissed a land sale dispute, holding the contract was frustrated by failure to obtain a discharge of charge, and that special damages were unproven.

• Contract Frustration
• Specific Performance
• Damages For Breach
• Sale Of Land
• Security Interests
• Injunctive Relief

Momentum Credit Limited v Oduor

Momentum Credit Limited v Oduor [2025] KEHC 5739 (KLR)

Court

High Court

Case number

Civil Appeal E001 of 2023

Judge

DK Kemei

The High Court found that the trial magistrate erred in annulling the contract and awarding general damages for breach of contract. The contractual documents explicitly placed the obligation to insure and license the vehicles on the respondent, not the appellant. The respondent defaulted on loan repayments and failed to fulfill his contractual obligations, leading to repossession of the vehicles. The trial court's decision to annul the contract relieved the respondent of his repayment obligations, resulting in unjust enrichment. The court emphasized that parties are bound by their contracts a…

Source excerpt

• Loan Facility Disputes
• Contractual Obligations
• Security Interests
• Breach Of Contract
• Unjust Enrichment

Endeavour Credit Limited v Kiarie

Endeavour Credit Limited v Kiarie [2025] KEHC 5442 (KLR)

Court

High Court

Case number

Civil Suit E490 of 2023

Judge

H Namisi

The High Court awarded Endeavour Credit Limited special damages, interest, and costs for hire purchase default, but declined repossession orders.

• Hire Purchase Agreements
• Loan Default
• Security Interests
• Repossession Of Goods
• Hire-purchase-agreements
• Loan-default

Sumac Microfinance Bank Limited v Gitau & 3 others

Sumac Microfinance Bank Limited v Gitau & 3 others [2025] KEHC 3387 (KLR)

Court

High Court

Case number

Civil Appeal E126 of 2023

Judge

BK Njoroge

The High Court dismissed a microfinance bank’s appeal against an interlocutory injunction over a disputed motor vehicle, but ordered an NTSA caveat to preserve the asset.

• Injunctions
• Security Interests
• Fraudulent Transfer
• Ownership Disputes
• Interlocutory-injunction
• Motor-vehicle-ownership-dispute

Moranga v Vision Africa Sacco Society Ltd

Moranga v Vision Africa Sacco Society Ltd [2025] KECPT 176 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 384/E567 of 2023

Judges

BM Kimemia, Janet Mwatsama, P. Gichuki, B Sawe, M Chesikaw, F Lotuiya, PO Aol

The Cooperative Tribunal granted relief partly in a Sacco loan dispute, rejecting repossession fears, allowing continued loan repayment, and awarding costs against the Sacco.

• Loan Disputes
• Cooperative Societies
• Security Interests
• Injunctive Relief
• Loan-disputes
• Cooperative-societies

Sweet R Us Limited v M’Oriental Bank Limited & another

Sweet R Us Limited v M’Oriental Bank Limited & another [2025] KEHC 1533 (KLR)

Court

High Court

Case number

Civil Suit E054 of 2024

Judge

JK Ng'arng'ar

The failure of the 1st Defendant to date its Replying Affidavit rendered it fatally defective and struck out, leaving the Plaintiff's application for a temporary injunction unopposed. Furthermore, the Plaintiff established a prima facie case with a probability of success, demonstrated potential irreparable harm not compensable by damages (specifically concerning the residential property), and the balance of convenience tilted in their favour, thus justifying the grant of the temporary injunction.

Source excerpt

• Interlocutory Injunctions
• Statutory Power Of Sale
• Credit Facilities
• Security Interests
• Statutory Notices
• Interest Rate Regulation

Ooga v Mogo Auto Limited & another

Ooga v Mogo Auto Limited & another [2025] KEHC 17192 (KLR)

Court

High Court

Case number

Civil Appeal E268 of 2023

Judge

RC Rutto

High Court appeal over ownership of a repossessed motor vehicle. The court held the 2nd respondent’s prior registered security interest prevailed, but the purchase price refund lay against the seller.

• Sale Of Goods
• Security Interests
• Priority Of Titles
• Bona Fide Purchaser
• Contractual Liability
• Motor-vehicle-sale

Ooga v Kimani & another

Ooga v Kimani & another [2025] KEHC 2283 (KLR)

Court

High Court

Case number

Civil Appeal E268 of 2023

Judge

RC Rutto

The High Court partly allowed an appeal over a motor vehicle sale dispute, setting aside judgment against a third party and awarding the appellant the purchase price against the seller.

• Sale Of Goods
• Ownership Priority
• Security Interests
• Bona Fide Purchaser
• Contractual Liability
• Motor-vehicle-sale

NCBA Bank Kenya PLC v Bowden & 2 others

NCBA Bank Kenya PLC v Bowden & 2 others [2025] KEHC 365 (KLR)

Court

High Court

Case number

Commercial Appeal E103 of 2024

Judge

PM Mulwa

The High Court dismissed NCBA Bank’s appeal and upheld release of a motor vehicle to the purchaser, finding no error in the magistrate’s mandatory injunction order.

• Mandatory Injunctions
• Hire Purchase Disputes
• Bona Fide Purchaser
• Security Interests
• Interlocutory Orders
• Mandatory-injunctions