Nguruman Limited v Attorney General (on Behalf of The Cabinet Secretary Ministry of Interior and Coordination of National Government)
The bottom line
#Kenya's Court of Appeal corrected its own omission and ordered that Nguruman's Kshs.16.675 billion compensation now earns interest from July 2021 until fully paid.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court's silence on interest on general damages was an accidental omission correctable under the slip rule
Yes. The Court had consciously declined interest on special damages, but said nothing about interest on general damages; that silence was an accidental omission, not a deliberate decision.
The Court distinguished between its conscious conclusion on special damages, where it declined to interfere with the judge's discretion, and general damages, where it merely halved the quantum without addressing interest. The omission was accidental and fell within the Supreme Court jurisprudence on slip-rule review to award interest, giving full effect to the compensation awarded.
Rationale for interest on damages awarded for violation of rights
Interest preserves the value of the compensation where the judgment debtor delays payment.
Delay in settling a decretal sum erodes its real value through inflationary forces, diluting and whittling down the compensation. Awarding interest from the date of the judgment below maintains the compensatory force of the damages and meets the ends of justice, consistent with the Supreme Court's jurisprudence.
Legal principles established
#- Once damages for violation of rights are adjudged payable, interest at court rates should run to maintain the compensatory force of the award against delay and inflation, and an accidental omission to award such interest may be corrected on the slip rule.
Court orders
#- 1.The judgment dated 28th February 2025 is reviewed
- 2.The sum of Kshs.16,675,000,000 awarded as general damages shall attract interest at court rates with effect from 28th July 2021, being the date of the judgment of the Environment and Land Court, until payment in full
- 3.No order as to costs
- On appeal from
- Court of Appeal
- Judgment dated and delivered on 28th February 2025
- Jurisdiction invoked
- Rule 37 of the Court of Appeal Rules, 2022 (slip rule)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nguruman Limited v Attorney General (on Behalf of The Cabinet Secretary Ministry of Interior and Coordination of National Government)", Case Analysis (2026). Motion dated 20.3.25 (Civil Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/562/eng@2026-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.