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Githinji v Biashara Sacco Society Limited & another [2025] KECPT 339 (KLR)
The Cooperative Tribunal dismissed an application to reinstate interim orders, holding that the underlying application had already been dismissed and could not support the orders.
Abwao & 2 others v Saham Assurance Limited [2025] KECA 1129 (KLR)
The Court of Appeal found that the statutory notice requirement under section 10(2) of the Insurance (Motor Vehicle Third Party Risks) Act does not mandate a specific form or acknowledgment of receipt, provided the insurer is sufficiently notified of the claim. The correspondence from Mercantile dated 7th July 2000 demonstrated that the insurer was aware of the accident and the potential claim prior to the institution of the primary suit. The absence of a receiving stamp or certificate of postage was not fatal in light of this acknowledgment. The court further held that the issue of leave to…
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Directline Assurance Company Limited v Nzioka [2025] KEHC 7986 (KLR)
The High Court upheld an insurer’s liability to satisfy a small claims decree, finding statutory notice was served and no valid denial or avoidance was established.
Directline Assurance Company Limited v David [2025] KEHC 7988 (KLR)
The High Court dismissed Directline Assurance’s appeal and held that the insurer was liable to satisfy the decree, finding no error in the Small Claims Court judgment.
Mburu v Karoki [2025] KEBPRT 292 (KLR)
The tribunal dismissed a landlord’s application for eviction, distress for rent, and related orders, finding no valid statutory notice and insufficient proof of arrears.
Speed Crafts Africa Limited & another v Kenya Railways Corporation [2025] KEBPRT 280 (KLR)
The Tribunal found that Kenya Railways Corporation, though a state corporation, does not fall within the statutory definition of 'Government' for purposes of exemption under Section 2 of Cap 301. Therefore, the tenancies in question are controlled tenancies subject to the protections and procedures of Cap 301. The respondent's notices of termination were issued in breach of both the statutory requirements (failure to use the prescribed form and provide the requisite notice period) and the contractual terms (which required a three-month notice). The Tribunal further found that the respondent f…
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Kanyingi & another (Suing as the Legal Representative of the Estate of Loice Gathoni Mugo - Deceased) v Kenya Orient Insurance Ltd [2025] KEHC 5580 (KLR)
The court held that the defendant insurer's liability to satisfy the decretal sum arising from the accident is limited by statute to Kshs. 3,000,000 per claim, as provided under section 5(b)(iv) of the Insurance (Motor Vehicles Third Party Risks) Act, Cap 405. Having already paid Kshs. 2,500,000, the defendant is only obligated to pay a further Kshs. 500,000 to reach the statutory cap. The plaintiffs' demand for the full decretal sum is not enforceable against the insurer beyond this limit; any excess is recoverable from the insured. The consent between the plaintiffs and the insured does not…
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Tana Group Limited v Kenya Development Corporation & another [2025] KEHC 5435 (KLR)
The court found that the plaintiff had established a prima facie case with a probability of success on the basis that the defendants failed to issue a renewed and updated statutory notice as required under section 90(1)(a) and (b) of the Land Act after a subsequent default. The statutory notice must specify the nature and extent of the default and the amount required to cure it. The absence of such notice deprived the plaintiff of the opportunity to redeem the property, thus raising a serious legal issue. The court further held that damages would not be an adequate remedy given the nature of…
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Kenya Orient Insurance Co Ltd v Ndalila [2025] KEHC 5388 (KLR)
High Court appeal in an insurer-liability dispute was allowed after the court found the respondent had not proved the appellant insured the subject vehicle.
Omonya v Mandala [2025] KEBPRT 254 (KLR)
The Tribunal held it had jurisdiction over a controlled tenancy dispute, found the landlord unlawfully evicted the tenant without statutory notice, and awarded compensation.
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