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Kenya decisions
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Junction Forex Bureau Limited v Rafique [2025] KEELRC 2136 (KLR)
The court awarded the employer KES 16.5 million after finding the employee misappropriated funds, breached employment duties, and was unjustly enriched.
Dhiman v Shah [2025] KECA 1264 (KLR)
The Court of Appeal held that setting aside the ex parte judgment of 16th September 1999 nullified all consequential orders, including the vesting order and transfer of the suit property to the respondent. The court found the loan agreement void for unconscionability, as the interest rate of 36% compounded quarterly over decades would result in an oppressive and disproportionate liability, violating principles of fairness and equity. The court rejected the argument that the agreement was illegal under the Banking Act, finding no evidence the respondent was engaged in habitual money lending. T…
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Upperhill Chambers Limited v Nyana Engineering Company Limited [2025] KEHC 9499 (KLR)
The High Court held that a contract rate of Kshs 11,000 per hour applied to five excavators as a unit, not per machine, and ordered repayment of overpaid sums.
Morara t/a Ladder Publications & another v Longhorn Publishers PLC [2025] KEHC 9251 (KLR)
The High Court dismissed a small claims appeal over an unpaid books debt, holding the appellants failed to prove alleged returns or unauthorized transactions.
Giesen v Wamukowa [2025] KEELC 4627 (KLR)
The Environment and Land Court allowed the appeal, holding the land sale agreements void but ordering refund of Kshs. 500,000 to avoid unjust enrichment.
Ethics and Anti-Corruption Commission v Murage & another [2025] KEHC 7570 (KLR)
The court found that the advice of the Salaries and Remuneration Commission (SRC) regarding payment of allowances is binding on all public entities, and any payment of allowances to public officers must strictly comply with SRC circulars and approvals. The Defendants, as employees of the National Treasury, received substantial sums as allowances under various heads, including taskforce, extraneous, entertainment, and unspecified allowances, without the requisite SRC approval and in contravention of established rates and procedures. The court determined that the Defendants were aware, or ought…
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Masaai Mara Council University & another v Walingo [2025] KEHC 7824 (KLR)
The court found that the issues raised by the applicant—res judicata, limitation, locus standi, and jurisdiction—were not clear-cut and required factual determination at trial. The suit was not res judicata as it was based on unjust enrichment, a civil cause of action distinct from the prior criminal and constitutional proceedings. The limitation period began at the end of the defendant's tenure in September 2023, making the suit timely. The plaintiffs, as the aggrieved institution and its council, had sufficient interest and standing to bring the suit. The High Court had jurisdiction to hear…
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Mose v Cooperative Bank of Kenya Limited & another [2025] KEHC 7238 (KLR)
The court held that although the appellant did not have a direct contract with the 2nd respondent, he was nonetheless obligated to indemnify the 1st respondent for the amount received from the insurance company, as the funds were intended for payment to the 2nd respondent for repairs. The discharge voucher signed by the appellant was found to be an enforceable contract, and even if it were not, the doctrine of unjust enrichment applied, as the appellant had received and retained money meant for another party. The appellant's arguments regarding lack of contractual relationship and incomplete…
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Njenga v Rajmuk Investments Limited & 3 others [2025] KEELC 4023 (KLR)
The court found both sides breached a land sale agreement and refused specific performance. It ordered a refund of Ksh 4,026,000 less set-offs.
Kigio Group Company Ltd v Sichuan Huashi Enterprises Corporation (EA) Ltd [2025] KEHC 6843 (KLR)
The court held that the application to set aside part of the arbitral award, filed on 15th August 2024, was out of time as the statutory three-month period under section 35(3) of the Arbitration Act lapsed on 13th August 2024. The court therefore lacked jurisdiction to entertain the application, which was struck out. On the merits of the applicant's challenge to the arbitral award, the court found that the grounds advanced—alleged public policy violations, unjust enrichment, contract re-writing, and failure to consider relevant issues—were unsubstantiated. The arbitrator's findings were based…
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