Kenya Case Law

Noor Aluminium & General Hardware Ltd v Hydro Aluminium Ltd

Noor Aluminium & General Hardware Ltd v Hydro Aluminium Ltd [2025] KEHC 10690 (KLR)

Court

High Court

Case number

Civil Appeal E749 of 2023

Judge

DKN Magare

The High Court held that the 60-day timeline under section 34 of the Small Claims Act is directory and not mandatory, and that the Act does not prescribe any penal consequences for non-compliance. The issue of delayed judgment was not raised at trial and cannot be introduced for the first time on appeal. Even if it had been raised, established jurisprudence holds that delayed delivery of judgment does not, by itself, render the judgment a nullity unless prejudice is demonstrated or the statute expressly provides for such a consequence. The court emphasized that the purpose of the Small Claims…

Source excerpt

• Appeals On Points Of Law
• Statutory Timelines
• Small Claims Court Procedure
• Consequences Of Judicial Delay

Ombi Rubber Rollers Limited v Wef Logistics Limited

Ombi Rubber Rollers Limited v Wef Logistics Limited [2025] KEHC 10055 (KLR)

Court

High Court

Case number

Miscellaneous Application E1026 of 2024

Judge

PM Mulwa

The High Court dismissed an application to transfer a Small Claims Court suit so the applicant could file a counterclaim exceeding that court’s Kshs. 1 million limit.

• Pecuniary Jurisdiction
• Transfer Of Suits
• Counterclaims
• Small Claims Court Procedure
• Small-claims-court
• Pecuniary-jurisdiction

Helasabili Mobile Capital Limited v Chameleon Solutions Limited

Helasabili Mobile Capital Limited v Chameleon Solutions Limited [2025] KEHC 9465 (KLR)

Court

High Court

Case number

Miscellaneous Application E153 of 2023

Judge

PN Gichohi

The High Court held that it cannot transfer a suit from the Small Claims Court to the Magistrates Court where the Small Claims Court lacks jurisdiction due to the value of the counterclaim. The applicant, by expressly waiving recovery of sums above Kshs. 1,000,000 in its counterclaim, invoked Rule 14 of the Small Claims Court Rules and thereby limited the court's jurisdiction to the statutory maximum. The law is settled that a suit filed in a court without jurisdiction is incompetent and cannot be transferred to a court with jurisdiction; it must be struck out or withdrawn. The court cited bi…

Source excerpt

• Transfer Of Suits
• Pecuniary Jurisdiction
• Counterclaims
• Small Claims Court Procedure

Somotex (K) Limited v Powerstar Superstar Hyper Limited

Somotex (K) Limited v Powerstar Superstar Hyper Limited [2025] KEHC 8497 (KLR)

Court

High Court

Case number

Civil Appeal E231 of 2024

Judge

F Gikonyo

High Court appeal from the Small Claims Court on costs assessment. The court held no error of principle was shown and dismissed the appeal.

• Costs Assessment
• Appeals On Points Of Law
• Advocates Remuneration Order
• Small Claims Court Procedure
• Small-claims-court
• Costs-assessment

Koros v Miriuki & another

Koros v Miriuki & another [2025] KEHC 5498 (KLR)

Court

High Court

Case number

Civil Appeal E229 of 2023

Judge

PN Gichohi

The High Court found that there was no sufficient evidence that the Appellant had been served with the pleadings in the trial court, as required by the Small Claims Court Rules. The certificates of service did not annex the pleadings allegedly served, and there was no proof of service on the Appellant, only mention notices. The trial court erred in relying on these certificates to enter interlocutory and default judgment. As a result, the default judgment was irregular and should have been set aside as a matter of right, regardless of the merits of the defence. Furthermore, the draft defence…

Source excerpt

• Service Of Process
• Setting Aside Default Judgment
• Small Claims Court Procedure
• Triable Issues
• Execution Of Judgments

Mbongo v Karani

Mbongo v Karani [2025] KEHC 6270 (KLR)

Court

High Court

Case number

Civil Appeal E049 of 2024

Judge

WM Musyoka

The High Court found that the trial court properly exercised its jurisdiction to review its own judgment under the Small Claims Court Rules, as the omission to consider a document already on record amounted to an error on the face of the record. The evidence in question was filed and available before judgment, and the appellant had the opportunity to challenge its admission at trial but failed to attend. The review was thus justified under Rule 29 of the Small Claims Court Rules. The appellant's claims of being denied a hearing were unfounded, as he was present when the hearing date was set a…

Source excerpt

• Review Of Judgment
• Small Claims Court Procedure
• Admission Of Evidence
• Burden Of Proof

Crossbridge Kenya Limited v Emerge Developments Limited

Crossbridge Kenya Limited v Emerge Developments Limited [2025] KEHC 4355 (KLR)

Court

High Court

Case number

Appeal E195 of 2023

Judge

BK Njoroge

High Court appeal from the Small Claims Court dismissed. The court held the review application was time-barred and that the grounds raised did not justify review.

• Contractual Disputes
• Review Of Judgments
• Small Claims Court Procedure
• Pecuniary Jurisdiction
• Small-claims-court
• Review-of-judgment

Oruuko c/o Vinny Hardware v Rudra Digital Enterprise

Oruuko c/o Vinny Hardware v Rudra Digital Enterprise [2025] KEHC 3070 (KLR)

Court

High Court

Case number

Civil Appeal E033 of 2023

Judge

AC Bett

The Adjudicator erred in law by improperly exercising her discretion to review the judgment and admitting new evidence after judgment without allowing the Appellant an opportunity to challenge it, which resulted in a miscarriage of justice. A judgment based on unauthenticated or insufficient evidence also constitutes an error of law.

Source excerpt

• Review Of Judgment
• Admission Of Evidence
• Burden Of Proof
• Small Claims Court Procedure

Maganga v Ongwayu

Maganga v Ongwayu [2025] KEHC 2631 (KLR)

Court

High Court

Case number

Civil Appeal E011 of 2025

Judge

AN Ongeri

The High Court at Voi dismissed an application to stay Small Claims Court proceedings pending appeal, holding that stay was not justified and joinder of the applicant was proper.

• Stay Of Proceedings
• Joinder Of Parties
• Small Claims Court Procedure
• Stay-of-proceedings
• Joinder-of-parties
• Small-claims-court-procedure

Geminia Insurance Company Limited v Sabulei

Geminia Insurance Company Limited v Sabulei [2025] KEHC 2112 (KLR)

Court

High Court

Case number

Civil Appeal E006 of 2023

Judge

JM Nang'ea

A declaratory suit against an insurer for material damages arising from a traffic accident is permissible under the Insurance (Motor Vehicle) Third Party Risks Act, provided the claimant satisfies the four-fold test under Section 10, and the insurer fails to prove that the policy does not cover material damage claims.

Source excerpt

• Declaratory Suits Against Insurers
• Material Damage Claims
• Third Party Risks
• Statutory Notice Requirements
• Privity Of Contract In Insurance
• Small Claims Court Procedure