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Epco Builders Limited v Kabuito Contractors Limited [2025] KEHC 8999 (KLR)
The High Court refused to set aside ex parte defence proceedings, holding that the applicant gave no reasonable explanation for a year-long delay in seeking relief.
Kawimbi v Modern Coast Building and Construction Ltd [2025] KEELRC 1833 (KLR)
The ELRC dismissed a respondent’s objection to copies of documents produced at trial and held that objections should be raised at pre-trial, not during hearing.
Otengo v Bidco Africa Limited [2025] KEELRC 1735 (KLR)
The court overruled an objection to a respondent’s further documents, holding they were filed in time under Rule 38 and caused no prejudice.
Karogoi v Njenga & another [2025] KEELC 3763 (KLR)
The court allowed an appeal against exclusion of an allotment letter, holding the objection should have been raised at pretrial, not at hearing.
Republic v Agwei & 9 others [2025] KEHC 5964 (KLR)
The court found that the prosecution is obligated under Article 50 of the Constitution and prior court orders to disclose all evidence it intends to rely on, including photographs. The fact that a new prosecutor is handling the case does not excuse non-disclosure by the State. Two of the four photographs were included in a report previously supplied to the defence, and the defence had not objected to their quality at the appropriate time. Therefore, the witness may identify only those two photographs. The other two photographs, which were not disclosed prior to trial, cannot be introduced, an…
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Adika & 12 others v Maina & 5 others [2025] KEELC 1357 (KLR)
A court can order discovery of records relevant to the suit land and deed plans if it will aid the fair disposal of the suit, even if there is no concrete evidence of document alteration, as long as no prejudice is caused. However, expunging evidence before a trial and ordering premature cross-examination are not permissible as these are matters to be addressed during the main trial.
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Masaku Teachers Investment Ltd v Kioko & 4 others; Kasimba & 199 others (Interested Party) [2025] KEELC 1313 (KLR)
The court's discretion to allow the late filing of documents under Order 50 Rule 6 of the Civil Procedure Rules, guided by the constitutional principles of fair hearing and the administration of justice without undue regard to procedural technicalities, is properly exercised when the applicant provides good reason and the other parties will not be unduly prejudiced.
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Mutwol v Mutwol & 4 others [2025] KEELC 43 (KLR)
The Environment and Land Court dismissed a second, near-identical stay application as res judicata and an abuse of process, with costs to the respondents.
West Kenya Sugar Company Limited v Simiyu & another (Suing as Administrators and Personal Representatives of the Estate of Victor Masibo Simiyu - Deceased) [2024] KEHC 15914 (KLR)
The High Court found that the trial magistrate erred in admitting the deceased's School Assessment Report without calling the maker, as required by section 35 of the Evidence Act. The court held that the exceptions to the requirement for production by the maker—such as the maker being unavailable or procuring their attendance causing unreasonable delay or expense—must be demonstrated by evidence. In this case, the respondent did not provide evidence that the teacher could not be traced or that it would be unreasonably difficult to procure their attendance. The court distinguished this case fr…
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Mwangi v Mwangi [2024] KEELC 6260 (KLR)
The Environment and Land Court allowed an appeal application to adduce additional documentary evidence, finding the receipts relevant, non-voluminous, and not prejudicial.
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