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Kenya decisions
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SGS Kenya Limited v Fontana Enterprises Limited [2025] KEHC 8107 (KLR)
The High Court partly allowed an appeal, confirming negligence and contract findings but reducing special damages to the amount strictly proved.
Vantoh v Njuguna & another [2025] KEBPRT 272 (KLR)
The court found that the landlord's notices of termination were invalid for failure to comply with the prescribed statutory form and minimum notice period under Cap 301. The landlord failed to prove the existence or quantum of rent arrears, having provided conflicting figures and no verifiable rental accounts or rent book, and did not adduce evidence in court. The distress for rent was unlawful as there was no evidence of arrears, and the auctioneer denied involvement. The tenant's evidence regarding the loss of goods was uncontroverted, and the landlord admitted disposing of some goods. The…
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Ogeto v Korir & another (Suing as legal representatives of the Estate of Shandaphine Cherotich) [2025] KEHC 4213 (KLR)
The trial court's apportionment of liability was upheld because it considered the differing witness testimonies, the inadmissible hearsay evidence, and the deceased's own contribution to the accident by being one of two pillion passengers in violation of traffic regulations. The quantum award was upheld as fair and reasonable based on established legal principles and comparable case law for loss of dependency, pain and suffering, loss of expectation of life, and special damages.
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Ogeto v Langat & another (Suing as Legal Representatives of the Estate of Hillary Kiprotich Ngetich) [2025] KEHC 4158 (KLR)
The High Court dismissed an appeal over a fatal road accident, upholding 35% liability against the appellant and finding the damages awarded were reasonable.
Safe World Telecom Ltd v Koech [2025] KEHC 4085 (KLR)
The first appellate court found that the trial court did not act on wrong principles or take into account irrelevant factors when awarding general damages for loss of user, and the award was a fair estimate, thus upholding the award for loss of user as general damages while adjusting special damages based on pleading and proof.
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Nicolas v Wells Fargo Limited [2025] KEHC 2333 (KLR)
High Court appeal on personal injury damages allowed in part, with higher awards for general damages, special damages, and future medical expenses.
Adan & another v Commissioner General Kenya Revenue Authority & another [2025] KEHC 1383 (KLR)
High Court partly allowed a claim over impounded sugar, finding KRA liable for the loss of 1,120 bags but dismissing malicious prosecution and related claims.
Ng’ang’a v Carrington Complex Limited & another [2025] KEELC 410 (KLR)
The Environment and Land Court allowed the plaintiff leave to amend his plaint, finding the proposed changes arose from the same transaction and caused no undue prejudice.
Rural Electrification Authority v Muriithi [2025] KEHC 17089 (KLR)
The High Court partly allowed an appeal over trespass damages, upholding Kshs. 250,000 general damages but setting aside Kshs. 972,843 special damages for a forged report.
Ngao Credit Limited v Mwangi & another [2024] KEHC 16069 (KLR)
High Court appeal over ownership and alleged fraud involving a motor vehicle used as loan collateral, with mixed findings on damages and injunctive relief.
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