Court of Appeal·Civil Appeal (Nairobi)8 June 2001 Kenya's Court of Appeal ruled that judges cannot rewrite loan agreements or reduce agreed interest unless a borrower proves fraud, coercion,
contract lawbanking financeland lawjurisdictionstatutory interpretation
ELC·Land Case E118 of 202623 September 2026 A Nairobi court stopped a developer from selling eleven properties a buyer had mostly paid for, ruling the developer could not add new terms
land lawcontract lawinjunctioninterlocutory reliefcivil procedure
Small Claims·Not stated in the judgment26 June 2026 A Nairobi court enforced a 2% monthly interest clause on an unpaid excavation debt, ruling the rate fair unless proven oppressive.
contract lawstatutory interpretationjudicial discretionremediesburden of proof
Small Claims·Not stated in the judgment26 June 2026 A Kenyan court ruled a signed debt acknowledgment is powerful proof you owe money — and vague claims of pressure won't undo it.
contract lawburden of proofevidencestandard of proofestoppel
ELC·Not stated in the judgment extract24 April 2026 Kenya's Environment and Land Court ruled a bank cannot be forced to consent to a property sale that doesn't fully repay the secured loan.
banking financeland lawcontract lawinjunctionstatutory interpretation
ELC·Not stated in the judgment5 November 2025 land lawcontract lawinjunctionremediesburden of proof
ELRC·Not stated in the judgment (a test suit related to ELRC Appeals No. E017, E018, E019, E020 of 2023)10 July 2025 A Kenyan court ordered a former employee to repay Kshs 409,359 in overpaid terminal dues because a signed written separation agreement could
employment labourcontract lawburden of proofdamagesremedies
ELRC·Kajiado ELRC Appeal arising from Kajiado ELRC No. 2 of 201828 January 2025 Kenya's Employment Court ruled that if your salary contract says it already includes house allowance, you cannot claim it separately.
employment labourcontract lawburden of proofevidencedamages
ELRC·Not stated in judgment9 November 2023 employment labourjurisdictioncontract lawpreliminary objectionstriking out
ELC·Environment & Land Case 264 of 201412 October 2023 A Kenyan land buyer won his case because the other side never showed up to challenge his evidence, losing his own claim entirely.
land lawcontract lawburden of proofevidenceremedies
ELRC·Not stated in the judgment as provided6 October 2023 An employer could not force an employee's claim for already-agreed terminal dues into arbitration because the money owed was settled, leavin
arbitrationemployment labourcontract lawjurisdictionpreliminary objection
ELC·Environment & Land Case E015 of 202229 March 2023 arbitrationcontract lawland lawcivil procedureinjunction
ELC·Environment and Land Appeal E104 of 202216 February 2023 land lawinjunctioninterlocutory reliefcontract lawjurisdiction
ELC·Environment and Land Judicial Review Miscellaneous Application 3 of 202213 October 2022 A canteen operator lost its court challenge because its licence had expired, and the court ruled procurement disputes belong elsewhere.
judicial reviewpublic procurementland lawjurisdictioncontract law
ELC·Not stated in the judgment as reproduced16 June 2022 A Kenyan court upheld a land sale agreement, ruling that written acreage terms cannot be changed later without proof of fraud or coercion.
land lawcontract lawevidenceburden of proofstare decisis
ELC·ELC No. 209 of 20159 June 2022 A Kenyan court ordered a land seller to transfer plots within 90 days and ruled she could not demand extra title fees beyond the original ag
land lawcontract lawinjunctiondeclaratory reliefremedies
ELC·HCC. No. 509 of 200312 May 2022 The High Court dismissed a land buyer's claim but ordered the seller to refund the Kshs. 500,000 deposit, confirming that unclear contract t
contract lawland lawremediesdamagesestoppel
ELC·ELC No. 60 of 201410 March 2022 A Kenyan landlord won forfeiture of two leases after the tenant stopped paying rent and filed a defence but offered no evidence.
land lawcontract lawremediesdamagesburden of proof
ELC·Not stated in judgment24 September 2021 A Kenyan court ruled that if you want a dispute sent to arbitration, you must raise it when you first appear in the case—not two years later
arbitrationjurisdictionpreliminary objectioncontract lawstay of proceedings
Small Claims·Not stated in the judgment26 August 2021 A Kenyan court ruled that a Kshs 60,000 loan borrower had to pay Kshs 409,185 because agreed interest and penalty terms bind you once you si
contract lawbanking financeburden of proofstatutory interpretationdamages
ELRC·Notice of Motion dated 19.8.2019 (interlocutory application within the claim)11 March 2021 A Kenyan court refused to rewrite a former bank employee's staff mortgage deal, ruling the bank lawfully kept his dues as loan security unde
employment labourcontract lawbanking financeinterlocutory reliefburden of proof
ELC·Originating Summons dated 11th June 2012 (Malindi)28 February 2020 A Kenyan court held tenants can't exit a fixed-term lease early without penalty, but landlords who sit on vacated premises lose damages clai
contract lawland lawdamagesstatutory interpretation
Court of Appeal·Civil Appeal No. 348 of 201725 October 2019 Kenya's Court of Appeal refused to overturn two lower courts that awarded a consultant only half her fee, confirming second appeals cannot r
employment labourcontract lawcivil procedureburden of proofjudicial discretion
Court of Appeal·Civil Appeal No. 115 of 201212 October 2018 Kenya's Court of Appeal ruled that a business which fails to fulfil its own contractual obligation cannot blame the other party for the deal
contract lawcommercial lawburden of proofdamagesstatutory interpretation
ELRC·Not stated in the judgment text provided8 June 2018 A Kenyan court ruled that cleaners whose contracts ended when the client's cleaning subcontract expired were fairly terminated and not owed
employment labourcontract lawstatutory interpretationburden of proofremedies