Gachehu v Wathigo (Environment & Land Case E160 of 2023) [2024] KEELC 3266 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the defendant should be condemned to pay interest from 12/10/2018
Key legal issues
#Whether the defendant should pay interest on the consented refund of Ksh. 3,975,000 and from what date
Interest awarded at court's rate from the date of the ruling, not from the alleged completion date of 12/10/2018
The court found no provision for interest in the sale agreement dated 13/07/2018. The special conditions contemplated delay without vendor liability. A court cannot re-write contracts absent coercion, fraud or unconscionability, none of which was pleaded. However, the plaintiff's money was retained without refund or demonstrated intention to refund, and section 26 of the Civil Procedure Act confers discretion to award interest, which was exercised in the plaintiff's favour from the date of the ruling.
Legal principles established
#- A court cannot re-write a contract between parties; parties are bound by their terms absent coercion, fraud or undue influence
- Courts may award interest on a decree for payment of money under section 26 of the Civil Procedure Act where fairness demands it
Court orders
#- 1.Interest on the Consented Sum of Ksh. 3,975,000 at Court's rate until payment in full from the date of this ruling
- 2.File is now closed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil suit; court exercising discretion under section 26 of the Civil Procedure Act
Relief refused
#Interest from 12/10/2018 (the completion date claimed by the plaintiff)
Interest awarded only from the date of the ruling, not from the completion date as sought
Costs
No costs order made beyond the consented costs; consent judgment had included the cost of the suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Interest on the Consented Sum of Ksh. 3, 975,000 at Court’s rate until payment in full from the date of this ruling.
A Court of law cannot re-write a contract between the parties. The parties are bound by the terms of their contract, unless coercion, fraud or undue influence are pleaded and proved.
I have read the terms of the Agreement dated 13/07/2018 and I have not come across any provision for payment of interest.
This means that a Court of law will not interfere with a contract entered into between two consenting parties and the interest agreed upon unless the same is illegal, unconscionable or fraudulent.
Issues in the judgment
#The judgment internally conflicts on the completion date - paragraph 4 records counsel citing 12/10/2018 while paragraph 17 refers to 12/10/2019
Paragraph 17 describes the completion date as cancellation date with an inconsistent year
The judgment does not state the case number, court name or parties' names, and does not expressly identify the disposing court
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Omukoto v Shah (Employment and Labour Relations Appeal E011 of 2024) [2025] KEELRC 2887 (KLR)[2025] KEELRC 2887 (KLR)24 Oct 2025
Cite this brief
#Cite this brief
Caselaw, "Gachehu v Wathigo (Environment & Land Case E160 of 2023) [2024] KEELC 3266 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3266/eng@2024-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.