NAIROBI, Kenya, October 4, 2025 – The High Court has ordered Allied Plumbers Limited to pay Devshibhai & Sons Limited Sh29.7 million for flood-related damages at a luxury house in Muthaiga, Nairobi.
Delivering the ruling, Justice Janet Mulwa found the plumbing firm liable for professional negligence that led to the flooding on March 9, 2015, just a day before the scheduled handover of the house.
The ruling marks a major win for Devshibhai & Sons, which sued through subrogation rights after its insurer, Occidental Insurance Company, had already compensated the client for the damage.
How the Dispute Started
Devshibhai & Sons was contracted to construct a double-storey residence in Old Muthaiga, one of Nairobi’s wealthiest neighborhoods. Allied Plumbers Limited handled plumbing and drainage installations for the project.
However, the home suffered severe water damage after roof tanks installed by the plumbers leaked. The flooding destroyed walls, fittings, and electrical systems, forcing the contractor and insurer to seek compensation.
According to court filings, the insurer claimed that Allied Plumbers failed to conduct final inspections and pressure tests, which directly caused the incident.
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Evidence of Negligence
During the trial, Devshibhai presented expert reports linking the flooding to the plumbing work. The reports showed that the system had not been inspected for a full year before the handover date.
Allied Plumbers denied wrongdoing, blaming a defective ball valve, but failed to present any manufacturer’s report to back their claim.
Justice Mulwa dismissed the explanation, saying the evidence showed a lack of professional care and due diligence.
“It is difficult to find that the defendant satisfactorily performed its contractual obligations as expected of professional plumbing contractors,” she ruled.
Court Rejects “Act of God” Claim
The firm argued that the leak was an unforeseeable accident—an “act of God.” However, the judge rejected this defense, stressing that negligence, not nature, caused the damage.
“The defence of force majeure cannot apply here. It is clearly a matter of professional negligence by the defendant’s agents,” she said.
Justice Mulwa also noted that since the plumbers still had control of the site, only they could have ensured the pumps were off.
Insurance Recovery and Legal Impact
The ruling reaffirmed the legal principle that insurers can recover damages from negligent parties after compensating clients. Occidental Insurance will now recover the Sh29.7 million through this judgment.
Legal analysts say the case highlights the importance of quality assurance in construction contracts.
