[2023] KEELC 20670 (KLR)
The court found that the interests of the plaintiffs and the 14th and 15th defendants were closely aligned, as they were members of the same self-help group. However, since the 14th and 15th defendants were named as defendants, their counsel (Mr Osoro) retained the right to cross-examine any witness. To avoid...
Source-derived case information.
- Citation
- [2023] KEELC 20670 (KLR)
- Parties
- Plaintiff: Newton Wanjala & 12 others; Defendant: Joseph Ziro Musioma & others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 300 of 2004
- Procedural Posture
- Environment and Land Case / Ruling on Order of Cross Examination Sequence During Trial
- Outcome
- Order on sequence of cross-examination granted; directions issued for ongoing and future witness examination.
- Judges
- LN Mbugua
- Legal Topics
- Order of Witness Examination, Cross Examination Rights, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Newton Wanjala & 12 others
Plaintiff
Joseph Ziro Musioma & others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Order of Cross Examination Sequence During Trial
Legal Issues
- 1 Whether the defendants are prejudiced if not allowed to clarify questions put forth by counsel for the 14th and 15th defendants.
- 2 Whether the order of cross-examination should be clarified and enforced for fairness in the proceedings.
Ratio Decidendi
The court found that the interests of the plaintiffs and the 14th and 15th defendants were closely aligned, as they were members of the same self-help group. However, since the 14th and 15th defendants were named as defendants, their counsel (Mr Osoro) retained the right to cross-examine any witness. To avoid prejudice and ensure fairness, the court clarified the order of cross-examination: after the plaintiffs' witness gives evidence in chief, Mr Osoro (for the 14th and 15th defendants) will cross-examine first, followed by the 1st to 5th defendants. Since this order was not followed for PW1, Mr Osoro is permitted to continue cross-examining PW1, and the 1st to 5th defendants may further...
Court Disposition
Order on sequence of cross-examination granted; directions issued for ongoing and future witness examination.
Orders
- Going forward, after the plaintiffs' witness gives evidence in chief, Mr Osoro will cross-examine first, followed by the 1st to 5th defendants.
- Since the order was not followed for PW1, Mr Osoro may continue cross-examining PW1 unhindered, and the 1st to 5th defendants may further cross-examine for clarifications.
Full Case Text
Judgment text and source record
20 paragraphs
Wanjala & 12 others v Musioma & others (Environment & Land Case 300 of 2004) [2023] KEELC 20670 (KLR) (11 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20670 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 300 of 2004
LN Mbugua, J
October 11, 2023
Between
Newton Wanjala & 12 others
Plaintiff
and
Joseph Ziro Musioma & others
Defendant
Ruling
1. An issue has been raised by Mr Mwangi supported by counsels for the rest of the defendants that they stand to be prejudiced if they don’t get an opportunity to clarify questions put forth by Mr Osoro. It is argued that the witness on the dock is on the side of the 14th and 15th defendants.
2. Mr Ndiso and Mr Osoro on the other hand contend that the 3rd defendant is the one who brought all these parties on board.
3. I have keenly observed the testimony of PW1. Without a doubt, their issues (plaintiffs) are tied to the hip as Siamese twins with those of the 14th and 15th defendants as the plaintiffs were members of the entity knows as disciples self help group.
4. However, on the other hand and having been named as defendants in this suit Mr Osoro has latituted to cross examine any witness who comes on the dock.
5. In that regard I give the following orders:i.Going forward, the order of tendering evidence is that the plaintiffs witness in the main suit shall give their evidence in chief. Then the 1st cross examination shall be done by Mr Osoro, then followed by 1st – 5th defendants.ii.Since this order was not followed during the testimony of PW1 then Mr Osoro will still continue to cross examine the witness (PW1) unhindered. However, the defendants (1st -5th) shall be at liberty to further cross examine the witness for any clarifications.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE