Kenya Case Law

Muli v Kenya Commercial Bank Kenya Limited & another

Muli v Kenya Commercial Bank Kenya Limited & another [2025] KEHC 10511 (KLR)

Court

High Court

Case number

Civil Case E016 of 2021

Judge

RC Rutto

The court found that the 1st Defendant failed to provide sufficient proof of proper service of the mandatory statutory notices required under the Land Act and the terms of the charge. File copies of notices without valid certificates of postage or credible evidence of dispatch do not satisfy the legal requirement for service. The burden of proving service lies with the chargee, and in the absence of such proof, the Applicant established a prima facie case warranting injunctive relief. Although the Applicant admitted indebtedness, the court held that non-compliance with statutory prerequisites…

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• Statutory Power Of Sale
• Service Of Statutory Notices
• Injunctive Relief
• Loan Default
• Mortgage Enforcement
• Valuation Of Security

Ajwang t/a Milambo Bajaj Spares & Services v SBM Bank & another

Ajwang t/a Milambo Bajaj Spares & Services v SBM Bank & another [2025] KEHC 10061 (KLR)

Court

High Court

Case number

Commercial Case E008 of 2024

Judge

A Mabeya

The court found that the applicant had defaulted on his loan obligations and that the 1st respondent had duly served all requisite statutory notices as required by the Land Act. The applicant's claim of not being served was disproved by documentary evidence annexed to the respondents' affidavit, which went unchallenged. The court held that financial constraints do not constitute a valid ground for restraining a lender from exercising its statutory power of sale. The applicant failed to establish a prima facie case with a probability of success, nor did he demonstrate that he would suffer irre…

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• Statutory Power Of Sale
• Injunctive Relief
• Loan Default
• Service Of Statutory Notices
• Contractual Obligations
• Irreparable Harm

Kinyanjui & 4 others v County Secretary, The County Government of Nairobi & another

Kinyanjui & 4 others v County Secretary, The County Government of Nairobi & another [2025] KEELC 5272 (KLR)

Court

Environment and Land Court

Case number

Judicial Review Miscellaneous Application E001 of 2024

Judge

JA Mogeni

The court found that the Applicants had complied with all statutory requirements under Section 21 of the Government Proceedings Act, including proper service of the Certificate of Order against the Government, as evidenced by an uncontested Affidavit of Service. The Respondents failed to provide any credible evidence to the contrary or to justify their continued non-payment of the decretal sum. The court held that the Respondents, as accounting officers of the County Government of Nairobi, have a public legal duty to settle the judgment debt and costs awarded in ELC No. 372 of 2017. The court…

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• Mandamus Against Government
• Enforcement Of Decree
• Certificate Of Order Against Government
• Public Duty To Pay Judgment Debt
• Service Of Statutory Notices
• Vicarious Liability

Ngoru & another v Letshego Kenya Limited

Ngoru & another v Letshego Kenya Limited [2025] KEHC 9283 (KLR)

Court

High Court

Case number

Civil Case E048 of 2025

Judge

F Gikonyo

The High Court granted a temporary injunction over charged land after finding no proof of proper statutory notice under section 96 of the Land Act.

• Statutory Power Of Sale
• Service Of Statutory Notices
• Injunctive Relief
• Loan Default
• Secured Transactions
• Balance Of Convenience

Njer v Kenya Commercial Bank Limited & another

Njer v Kenya Commercial Bank Limited & another [2025] KEHC 8705 (KLR)

Court

High Court

Case number

Civil Case 24 of 2018

Judge

JRA Wananda

The Plaintiff admitted the existence of the debt and default in repayment but failed to substantiate claims of excessive or unlawful charges, unconscionable interest rates, or improper computation of the outstanding amount. The 1st Defendant demonstrated, through documentary evidence and credible testimony, that all requisite statutory notices were served on the Plaintiff in accordance with the Land Act and Auctioneers Rules. The Plaintiff's denials regarding service were found to be evasive and lacking candour. The court held that computation of notice periods must be based on calendar days,…

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• Statutory Power Of Sale
• Loan Default
• Service Of Statutory Notices
• Interest Rate Capping
• Auction Procedure
• Counterclaim Procedure

Waweru (Suing as the Legal Representative of the Estate of Kenneth Waweru Wanjau (Deceased)) v Family Bank Limited

Waweru (Suing as the Legal Representative of the Estate of Kenneth Waweru Wanjau (Deceased)) v Family Bank Limited [2025] KEHC 8888 (KLR)

Court

High Court

Case number

Civil Case E002 of 2023

Judge

A Mshila

The High Court granted an interim injunction stopping Family Bank from selling charged land, finding the statutory notices were addressed to a deceased chargor rather than the estate representative.

• Interlocutory Injunctions
• Statutory Power Of Sale
• Service Of Statutory Notices
• Mortgage Enforcement
• Estate Administration
• Interlocutory-injunctions

Paramount Bank Limited & another v Onyona

Paramount Bank Limited & another v Onyona [2025] KEHC 8431 (KLR)

Court

High Court

Case number

Civil Appeal E050 of 2022

Judge

BM Musyoki

The High Court found that the appellants failed to prove, on a balance of probabilities, that the statutory notices required under the Lands Act were properly served on the respondent. The evidence presented, including certificates of postage and a purported certificate of service, was inconsistent and did not establish actual receipt of the notices by the respondent. The court held that service of statutory notices is a mandatory precondition to the exercise of the statutory power of sale, and mere posting is insufficient without proof of delivery. The valuation relied upon by the appellants…

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• Statutory Power Of Sale
• Service Of Statutory Notices
• Injunctive Relief
• Loan Default
• Valuation Of Security
• Court Mandated Audit

Economy Network Limited & 2 others v Equity Bank & 2 others

Economy Network Limited & 2 others v Equity Bank & 2 others [2025] KECA 1051 (KLR)

Court

Court of Appeal

Case number

Civil Application E007 of 2025

Judges

MSA Makhandia, HA Omondi, LK Kimaru

The Court found that the applicants satisfied both limbs required for the grant of an injunction pending appeal under Rule 5(2)(b) of the Court of Appeal Rules. First, the intended appeal was found to be arguable, as the applicants raised substantial grounds regarding alleged procedural irregularities and possible fraud in the sale of the suit property by public auction, including non-service of statutory notices and non-compliance with section 99(3) of the Land Act. Second, the Court held that if the injunction was not granted, the appeal would be rendered nugatory because the property could…

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• Statutory Power Of Sale
• Public Auction Procedure
• Injunction Pending Appeal
• Fraud In Property Sale
• Service Of Statutory Notices
• Remedies For Unlawful Sale

Excellent Logistics Limited & 2 others v Kenya Commercial Bank Limited

Excellent Logistics Limited & 2 others v Kenya Commercial Bank Limited [2025] KEHC 8633 (KLR)

Court

High Court

Case number

Commercial Case E070 of 2024

Judge

JWW Mong'are

The court found that the plaintiffs were indebted to the defendant bank and that the bank had properly served the requisite statutory notices under section 90 of the Land Act. The evidence provided by the bank, including dispatch records and postal endorsements, established a presumption of proper service, which the plaintiffs failed to rebut. The court held that the conditions for granting an interlocutory injunction as set out in Giella v Cassman Brown were not met, as the plaintiffs did not establish a prima facie case. The court further held that the contractual clause cited by the plaint…

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• Statutory Power Of Sale
• Injunctive Relief
• Service Of Statutory Notices
• Loan Default
• Contractual Obligations

Oluchiri v Rafiki Microfinance Bank Limited & another

Oluchiri v Rafiki Microfinance Bank Limited & another [2025] KEHC 8123 (KLR)

Court

High Court

Case number

Civil Case E007 of 2024

Judge

CW Meoli

The High Court declined a temporary injunction over a charged property, found the applicant had not established a prima facie case, and ordered a fresh section 96(2) notice before sale.

• Statutory Power Of Sale
• Service Of Statutory Notices
• Injunctive Relief
• Valuation Of Charged Property
• Pecuniary Jurisdiction
• Redemption Rights