Case law
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Division and case type: Employment and Labour Relations CourtClaim/Causes
The Claimant alleged unfair and unlawful termination of employment by the Respondent, claiming the termination was based on an unproven theft allegation, violating employment laws and constitutional rights. The Claimant argued she was not allowed legal representation during the disciplinary hearing and that the termination was procedurally unfair. The Respondent maintained the termination was lawful based on CCTV evidence showing the Claimant possessed stolen detergent. The court determined the termination was procedurally fair as the Claimant was represented by a union official at the hearing and the termination followed valid procedures under the Employment Act.
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…The Petitioner, Credit Reference Bureau (Holdings) Limited, filed the present Insolvency Petition dated 23rd May 2024 seeking the liquidation of the Respondent, Credit Information Systems Company Limited, under sections 424…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Section 21 of the Privatisation Act to which reference has been made reads as follows: 21.…
…It is untenable because this Honourable Court has pronounced itself on the issues raised in the applicant’s application with particular reference to the question whether any privatisation can be done under the cover of the…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Damaris Achieng Okuto (the Claimant) sued Metropol Corporation Ltd and Metropol Credit Reference Bureau (the Respondents) on 27 February 2025, asserting unfair termination of employment, breach of contract and constitutional…
Division and case type: High Court Commercial and TaxCommercial Matters
…application dated 10/5/2023 filed pursuant to Section 3A and 63 of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules, Section 4 of the Limitation of Actions Act, Regulation 34(2) of the Banking (Credit Reference…
…The Plaintiff’s case was that the listing of his name with the 2nd Defendant had exceeded a period of 5 years and was contrary to the provisions of the Banking (Credit Reference Bureau) Regulations 2020 and that any claim…
Division and case type: High Court Commercial and TaxCommercial Matters
…The parties have also supplemented their arguments by way of written submissions which I have considered together with the pleadings and I will be making relevant references to the same in my analysis and determination below…
…As submitted by the Defendant, in a reference to the court from the taxation by the Taxing Officer, the court will not normally interfere with the exercise of discretion by the taxing officer unless the taxing officer, erred…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Kimani noted that the impugned Judgment only restrained the appellant from recovering the disputed loan and from listing the 1st respondent with the Credit Reference Bureau, orders that have been in effect since 2016 when…
…Counsel submitted that granting the orders sought herein would cause the 1st respondent to suffer prejudice as it would risk being negatively listed with the Credit Reference Bureau, thereby hindering its ability to access…
Division and case type: High Court CivilCivil Appeal
…Rashid (PM) delivered on 12/03/2025 in Kisumu CMCC No. 523 of 2019 between Margaret Atieno Osadho v KCB Bank Kenya Limited & Metropol Credit Reference Bureau Limited) 1.…
…It further contended that the entire suit was premature as there was a procedure for delistment from a Credit Reference Bureau that the plaintiff had not followed. 3.…
Division and case type: High Court Commercial and TaxCommercial Appeal
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…James Okoth Ombura t/a Okoth Ombura & Co Advocates [2013] eKLR, Reuben Kioko Mutyaene v Kenya Commercial Bank Limited; Transunion t/a Credit Reference Bureau Africa Limited (Interested Party) [2020] eKLR among others on aggravated…
…Reference was made to the decision in Selina Patani & another v Dhiranji v Patani (2019)eKLR. 27.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petition challenges the listing of the Petitioner’s Credit information with Credit Reference Bureaus. 3.…
…Jointly issue an apology in a newspaper of country wide circulation, exonerating the Petitioner from any wrong doing and clarifying his name was provided to the Credit Reference Bureau erroneously, irregularly and unlawfully…
Division and case type: High Court Commercial and TaxCommercial Matters
…I find therefore the reference to the deponent being an employee of the Plaintiff and proceeding to produce records that can only be in the custody of the 1 st Defendant not sufficient ground to strike out the affidavit.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The Applicant has not sought leave to file the reference out of time. 3.…
…Dissatisfied with the ruling, the Applicant lodged the reference herein. The Reference was filed on 16th October 2024, out of time, without leave of the Court. Hence, the preliminary objection. 6.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The issues for determination are: a) Whether the reference dated 23rd January 2025 is time barred. b) Whether the application herein should be allowed as prayed. Time barred Reference 9.…
…A reference to challenge a decision on costs by the taxing officer is only open for challenge within 14 days of the decision and not 48 days. 11.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant, therefore, filed a Reference on 12 September 2024. 3. The Respondent filed a replying affidavit in opposition to the Reference on 2 October 2024. 4.…
…The Court has considered the Reference, affidavits and submissions. 6. It is not in dispute that the Court awarded the Claimant Kshs 15,165,782/-. 7.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Taxing Officer responded on the same day, and the 1st Respondent filed a Reference on 10 May 2023, contesting the taxation of items numbers 1, 2, 4, 5, 6, 12, 24, 40, 76 and 86 of the Bill of Costs. 5.…
…The Court has considered the Reference, affidavit in support and the submissions. 8.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…It is her position that ipso Facto, the Reference dated 21st September, 2023 did not contain the new pleadings all having been filed in the year 2024 with the Reference filed in 2023.…
…That in view of the above, the Applicant states that this current Reference is not Res-Judicata or an abuse of court process in view of the earlier Reference dated 21-09-2023, and requests that the same to be deemed to be…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…Any grievance from a taxation ruling can only be addressed by way of a reference to a Judge following paragraph 11 of the Advocates Remuneration Order.…
…Where the respondent wanted to object to the ruling by the taxing master, no reference has been filed to this court. The bill of costs has since been taxed and a Certificate of Costs issued.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The advocate informed the Taxing Officer that he was ready to urge the Objection, but the Respondent objected on the ground that a Reference had not been filed. 5.…
…This is normally called a Reference. 16. The advocate raised an Objection to the taxation within 14 days as contemplated by the Rules. 17.…