Kenya Case Law

Ethics and Anti-Corruption Commission v Testimony Enterprises Limited & 7 others

Ethics and Anti-Corruption Commission v Testimony Enterprises Limited & 7 others [2025] KEHC 9156 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit 1 of 2020

Judge

LM Njuguna

The court found that the 2nd defendant could not have filed the additional documents earlier because the criminal proceedings only became available in March 2025, after the conclusion of the related criminal case. The court acknowledged that the evidence sought to be introduced is crucial to the 2nd defendant's defence and may assist in resolving the issues in dispute. While the plaintiff argued that it would suffer prejudice due to the late introduction of evidence after closing its case, the court held that the 2nd defendant's right to a fair trial under Article 50 of the Constitution outwe…

Source excerpt

• Adduction Of Additional Evidence
• Fair Trial Rights
• Admissibility Of Evidence
• Delay And Case Management
• Cross Examination Rights

Ogutu v Kenya Airports Authority

Ogutu v Kenya Airports Authority [2025] KEELRC 1411 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E561 of 2020

Judge

L Ndolo

The court found that the documents the Respondent sought to introduce arose from a clearance process ordered by the court during the proceedings, making it impossible for them to have been produced earlier. The court determined that serious allegations regarding the authenticity of the documents required evidence to be taken, and that admitting the documents and recalling the Claimant for cross examination would not prejudice either party. The court exercised its discretion to allow the application, guided by established principles on the admission of additional evidence after close of pleadi…

Source excerpt

• Adduction Of Additional Evidence
• Forgery Of Documents
• Employee Clearance Process
• Procedural Fairness

Onyango v Rateng

Onyango v Rateng [2025] KEHC 5080 (KLR)

Court

High Court

Case number

Succession Cause E002 of 2023

Judge

DK Kemei

The High Court dismissed an application to adduce additional evidence on appeal, holding the appellant should first have sought review in the trial court.

• Adduction Of Additional Evidence
• Appeals Procedure
• Succession And Inheritance
• Review Of Trial Court Orders
• Adduction-of-additional-evidence
• Appeals-procedure

Kigoi v Kabiru

Kigoi v Kabiru [2025] KEELC 3396 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2023

Judge

MN Gicheru

The court allowed an application to adduce additional evidence on appeal and to file a supplementary record, holding that justice favored admitting the material in a land dispute.

• Adduction Of Additional Evidence
• Appeals Procedure
• Land Ownership Disputes
• Adverse Possession
• Adduction-of-additional-evidence
• Appeals-procedure

Nyakwara v Housing Finance Company of Kenya Limited & another

Nyakwara v Housing Finance Company of Kenya Limited & another [2025] KEELRC 1171 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E953 of 2023

Judge

L Ndolo

The court declined to reopen the respondents’ case to admit additional evidence after the hearing closed, finding unexplained delay and likely prejudice to the claimant.

• Adduction Of Additional Evidence
• Reopening Of Case
• Procedural Fairness
• Prejudice To Opposing Party
• Reopening-of-case
• Additional-evidence

Mwachandi v Safaricom Limited; Kathuri (Third party) (The Administrator of the Estate of Keith Kathuri - Deceased)

Mwachandi v Safaricom Limited; Kathuri (Third party) (The Administrator of the Estate of Keith Kathuri - Deceased) [2025] KEELC 3343 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E010 of 2023

Judge

CG Mbogo

The Environment and Land Court allowed a plaintiff to reopen his case and file a county letter said to confirm ownership of the suit property.

• Reopening Of Case
• Adduction Of Additional Evidence
• Leave Of Court
• Ownership Of Land
• Production Of Documents
• Reopening-case

Kirionki & another v Olodaru & 2 others

Kirionki & another v Olodaru & 2 others [2025] KEELC 3091 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 17 of 2021

Judge

MN Mwanyale

The Environment and Land Court dismissed a post-judgment motion for review and leave to adduce additional evidence, finding the reports were not new evidence.

• Review Of Judgment
• Adduction Of Additional Evidence
• Land Registration Disputes
• Sufficient Cause
• Boundary Disputes
• Review-of-judgment

Keli v Matiku

Keli v Matiku [2025] KEELC 2904 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E022 of 2022

Judge

EO Obaga

The Environment and Land Court dismissed an application to adduce additional evidence on appeal, finding the applicant had not shown relevance or necessity.

• Adduction Of Additional Evidence
• Appellate Procedure
• Land Boundary Disputes
• Replotting Of Land
• Injunctions
• Mesne Profits

Kamotho v Wamwaya

Kamotho v Wamwaya [2025] KEELRC 954 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E275 of 2024

Judge

DKN Marete

The ELRC granted leave to adduce additional evidence on appeal after finding the appellant’s illness prevented her from participating at trial.

• Adduction Of Additional Evidence
• Appellate Procedure
• Natural Justice
• Right To Be Heard
• Adduction-of-additional-evidence
• Appeals

Kamau v Wanyoike & 16 others

Kamau v Wanyoike & 16 others [2025] KECA 493 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E741 of 2021

Judges

SG Kairu, F Tuiyott, LA Achode

The Court has the discretion to admit additional evidence on appeal if it meets the established criteria, particularly where it shows a potential nexus to the dispute, such as a finding of fraud by another court in criminal proceedings related to the property in question, provided it is credible, manageable, and does not unfairly prejudice the other party who will have an opportunity to respond.

Source excerpt

• Adduction Of Additional Evidence
• Review Of Judgment
• Fraud In Land Transactions
• Ownership Disputes
• Appellate Practice