Kenya Case Law

Republic v Factory Unit Manager, Gianchore Tea Factory & 2 others; Ongaga & 15 others (Ex parte)

Republic v Factory Unit Manager, Gianchore Tea Factory & 2 others; Ongaga & 15 others (Ex parte) [2025] KEHC 10286 (KLR)

Court

High Court

Case number

Judicial Review Cause E003 of 2024

Judge

WA Okwany

The High Court dismissed a judicial review motion over growers’ numbers, struck out added applicants for lack of leave, and held the dispute was moot and non-disclosed.

• Judicial Review Remedies
• Misjoinder And Nonjoinder
• Public Officer Liability
• Procedural Fairness
• Shareholder Disputes
• Judicial-review

Mughal v Springtech (K) Limited & 5 others

Mughal v Springtech (K) Limited & 5 others [2025] KEELRC 1937 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E956 of 2024

Judge

BOM Manani

The court determined that it lacks jurisdiction to adjudicate disputes concerning directorship and shareholding in a company, as these are commercial matters reserved for the High Court. However, the court found that the claimant had presented preliminary evidence (such as pay slips and statutory deductions) suggesting an employment relationship with the 1st respondent in his capacity as Managing Director. Therefore, the court retained jurisdiction over the employment dispute between the claimant and the 1st respondent, but struck out all claims relating to directorship and shareholding, as w…

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• Jurisdiction Of Elrc
• Employment Status Of Directors
• Shareholder Disputes
• Termination Of Employment

Nanji & 2 others v Exobi (Finance House) Limited

Nanji & 2 others v Exobi (Finance House) Limited [2025] KECA 1119 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E434 of 2020

Judges

DK Musinga, MSA Makhandia, M Ngugi

The Court of Appeal held that the trial court did not err in its exercise of discretion in granting interim and mareva injunctions against the appellants. The court found that, although the trial court unnecessarily addressed the issue of a derivative suit, this did not affect the outcome, as the observation was obiter dictum. The facts, largely uncontested, established that the 1st and 2nd appellants, following the death of a key director, undertook actions including allotting shares to themselves, selling company assets to themselves, and excluding the respondent from management, all withou…

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• Directors Fiduciary Duties
• Shareholder Disputes
• Injunctive Relief
• Mareva Injunctions
• Company Management
• Interlocutory Orders

Eureka Holdings v Nyachae & 5 others; Diamond Trust Bank & 2 others (Interested Parties)

Eureka Holdings v Nyachae & 5 others; Diamond Trust Bank & 2 others (Interested Parties) [2025] KEHC 8636 (KLR)

Court

High Court

Case number

Miscellaneous Cause E872 of 2024

Judge

JWW Mong'are

The court found that the preliminary objection raised by the 1st respondent was not purely a matter of law but involved disputed facts regarding shareholding and directorship, thus requiring evidence and falling outside the scope of a preliminary objection. The application to strike out the 1st respondent and join another party was dismissed because the 1st respondent remained a necessary party, as the transfer of shares and directorship was incomplete and not reflected in official records. The court held that the arbitration clause in the company constitution mandated prior consultation betw…

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• Arbitration Agreements
• Company Directors Duties
• Shareholder Disputes
• Joinder Of Parties
• Interim Measures
• Fiduciary Duties

Medina Corporation Company Limited v Meridian Properties Limited & another

Medina Corporation Company Limited v Meridian Properties Limited & another [2025] KEHC 8725 (KLR)

Court

High Court

Case number

Commercial Case 183 of 2014

Judge

JWW Mong'are

The High Court held that Medina validly agreed to sell its shares, rejected claims of mistake and misrepresentation, and ordered transfer of the shares to Meridian Properties.

• Shareholder Disputes
• Contract Rectification
• Trusts In Company Law
• Misrepresentation
• Share Capital Increase
• Company Articles

Kanampiu & another v Marithi

Kanampiu & another v Marithi [2025] KEHC 7699 (KLR)

Court

High Court

Case number

Civil Case E009 of 2023

Judge

HM Nyaga

The High Court at Meru dismissed a preliminary objection on territorial jurisdiction, holding that Section 15 of the Civil Procedure Act does not oust the court’s constitutional jurisdiction.

• Territorial Jurisdiction
• Preliminary Objection
• Shareholder Disputes
• Company Law
• Transfer Of Suit
• Territorial-jurisdiction

Dibondo & another v Otigo (Suing for and on behalf of Members formerly of Bumala FSA)

Dibondo & another v Otigo (Suing for and on behalf of Members formerly of Bumala FSA) [2025] KEHC 6269 (KLR)

Court

High Court

Case number

Civil Appeal E034 of 2022

Judge

WM Musyoka

The High Court set aside a magistrate’s judgment after finding the suit was incompetent as a representative action and that the counterclaim was also not proved.

• Representative Suits
• Locus Standi
• Joinder Of Parties
• Counterclaims
• Shareholder Disputes
• Representative-suits

Republic v National Transport and Safety Authority; Nespete Enterprises Limited (Intended Interested Party); Machua (Exparte Applicant)

Republic v National Transport and Safety Authority; Nespete Enterprises Limited (Intended Interested Party); Machua (Exparte Applicant) [2025] KEHC 5804 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E880 of 2022

Judge

NW Sifuna

The court found that Peter Gaitho Machua is neither a shareholder nor a director of Nespete Enterprises Limited, as evidenced by the CR 12 and a prior High Court judgment. The issues he raised pertain to private disputes over shareholding and matrimonial property, which are not the subject of the present judicial review proceedings. The court held that Peter does not have a legal or identifiable stake in the company or the proceedings, and his presence is not necessary for the court to effectually and completely adjudicate the issues before it. Judicial review is concerned with public law iss…

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• Joinder Of Parties
• Locus Standi
• Judicial Review Procedure
• Shareholder Disputes

Cavenagh v Horsey & 2 others

Cavenagh v Horsey & 2 others [2025] KECA 702 (KLR)

Court

Court of Appeal

Case number

Civil Application E028 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal granted an injunction pending appeal to preserve disputed company shares, finding the appeal arguable and risking nugatory harm.

• Interlocutory Injunctions
• Shareholder Disputes
• Corporate Governance
• Appeals Procedure
• Injunction-pending-appeal
• Shareholder-disputes

Direct Line Assurance Company & 4 others v Mutyambai Inspector General of Police & 3 others; Kiarie & 14 others (Intended Accused)

Direct Line Assurance Company & 4 others v Mutyambai Inspector General of Police & 3 others; Kiarie & 14 others (Intended Accused) [2025] KEHC 3645 (KLR)

Court

High Court

Case number

Criminal Revision 47 of 2024

Judge

DR Kavedza

The firm of Andrew Mmbogori & Co Advocates has proper instructions to represent the 1st Applicant because their appointment was confirmed by the joint board of directors legally constituted pursuant to the orders of Justice Mabeya, whereas the resolution relied upon by Dr Kamau Kuria was passed by individuals who lacked the authority to do so under the existing court orders.

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• Legal Representation
• Company Directorship
• Shareholder Disputes
• Authority Of Advocates