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Kenya decisions
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Jubilee Insurance Company of Kenya Ltd v Liberty Auto Mart Ltd [2025] KEHC 5886 (KLR)
The High Court set aside summary judgment entered on alleged admissions, holding the email correspondence was without prejudice and the defence raised triable issues.
Mae Properties Limited v Kibe & another [2024] KEHC 12458 (KLR)
The High Court dismissed a review application, holding there was no apparent error in entering judgment after the defence was struck out and no basis to reopen costs.
Shoppers Sacco Society Limited v Siror [2024] KECPT 1507 (KLR)
The Cooperative Tribunal dismissed a motion to strike out a defence and for summary judgment, finding repayment evidence was not proved but allowing the matter to proceed.
Mabuu v National Hospital Insurance Sacco Society Limited [2024] KECPT 976 (KLR)
The Cooperative Tribunal dismissed an application to strike out a defence, holding that the amount of refunds claimed was a bona fide triable issue.
Kariru v National Hospital Insurance Sacco Society Limited [2024] KECPT 935 (KLR)
The Tribunal found that the only substantive issue raised in the Respondent's Statement of Defence was whether the Claimant's deposits had accumulated to the amount claimed. The Tribunal held that the amount of refunds due is a material issue that requires further interrogation and evidence at trial. Therefore, the defence raises a bona fide triable issue, and the application to strike out the defence does not meet the threshold for summary judgment or striking out. The Tribunal declined to consider the 'without prejudice' letter as an admission for the purposes of this application, noting th…
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Kinyua v National Hospital Insurance Sacco Society Limited [2024] KECPT 926 (KLR)
The Tribunal dismissed an application to strike out a SACCO’s defence, holding that a dispute over the amount of refundable deposits raised a triable issue.
Githei v National Hospital Insurance Sacco Society Limited [2024] KECPT 920 (KLR)
The Tribunal found that the only issue raised in the respondent's defence was whether the claimant's deposits had accumulated to the amount claimed. The Tribunal held that the 'amount' of refunds is a material issue requiring further interrogation and evidence, thus constituting a bona fide triable issue. The Tribunal further noted that the letter relied upon by the claimant, allegedly containing an admission, was not relevant to the present application for striking out the defence, as the test is whether the defence raises any triable issue, not whether there is an admission. Consequently, t…
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Superfoam Limited v Haria t/a Deep Super Stores [2024] KEHC 6001 (KLR)
The High Court entered summary judgment for Superfoam Limited for the Defendant’s admitted debt of Kshs. 10,800,610.60, leaving the balance to trial.
Gitobu v Kencom Sacco Society Limited [2024] KECPT 233 (KLR)
The tribunal struck out the respondent’s defence as a sham, entered judgment for Kshs. 220,000, and awarded interest and costs to the claimant.
Mwendwa v Transcom Co-operative Society Ltd [2024] KECPT 210 (KLR)
The Tribunal struck out the co-operative society’s bare-denial defence and entered summary judgment for the claimant for Kshs. 205,060 plus costs.
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