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Kenya decisions
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Ethics & Anti-Corruption Commission v Amailo Investment Company Limited & 7 others [2025] KEHC 9791 (KLR)
The High Court declined a late application by defendants to file supplementary documents during trial, finding no sufficient explanation and noting prejudice to the plaintiff.
Njogu v Mburu & another [2025] KEELC 4774 (KLR)
The Environment and Land Court dismissed an appeal against leave to file supplementary documents, finding no prejudice and that the hearing had not substantially progressed.
County Government of Bungoma & another v Attorney General & 2 others [2025] KEELC 4757 (KLR)
The court partly allowed a late-stage application to admit documents, but dismissed requests for injunctions, witness-compulsion orders, and other procedural relief.
Maestro Credit Management Ltd & 2 others v Kawangware Cinema Ltd & 4 others [2025] KEELC 4427 (KLR)
The court allowed a motion seeking leave to file additional documents out of time, finding that justice was better served by permitting all parties to respond.
Wanderi & another v Madisurp Investments & 7 others; Kamau (Intended Interested Party) [2025] KEELC 4262 (KLR)
The court found that although the Plaintiffs had closed their case and the trial was at an advanced stage, the documents sought to be introduced by the 3rd Defendant had already been alluded to in the proceedings and were not likely to cause prejudice or ambush. The court emphasized the constitutional imperative of a fair hearing and the need to allow parties to present their cases fully, provided no undue prejudice is caused. The court exercised its discretion to allow the late filing and admission of the documents, with directions for service and opportunity for rejoinder. Regarding the int…
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Kilongu (Chairman) & 2 others v Sanoe (Chairman) & 10 others [2025] KEELC 3674 (KLR)
The court partly allowed a post-judgment review application, correcting a typographical error in the respondent’s name but rejecting all other review and variation prayers.
Mbongo v Karani [2025] KEHC 6270 (KLR)
The High Court found that the trial court properly exercised its jurisdiction to review its own judgment under the Small Claims Court Rules, as the omission to consider a document already on record amounted to an error on the face of the record. The evidence in question was filed and available before judgment, and the appellant had the opportunity to challenge its admission at trial but failed to attend. The review was thus justified under Rule 29 of the Small Claims Court Rules. The appellant's claims of being denied a hearing were unfounded, as he was present when the hearing date was set a…
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Frigoken Limited v Commissioner of Customs & Border Control [2025] KEHC 3364 (KLR)
The High Court declined leave to adduce additional evidence on appeal, finding the documents were available earlier and the omission was not sufficiently explained.
Grand Muraille Investments Limited v Maingey on Behalf of Ack Church Kwa Maingey [2025] KEBPRT 181 (KLR)
The Tribunal allowed a tenant’s interlocutory application to file supplementary documents, finding no undue prejudice to the landlord at that stage.
Oruuko c/o Vinny Hardware v Rudra Digital Enterprise [2025] KEHC 3070 (KLR)
The Adjudicator erred in law by improperly exercising her discretion to review the judgment and admitting new evidence after judgment without allowing the Appellant an opportunity to challenge it, which resulted in a miscarriage of justice. A judgment based on unauthenticated or insufficient evidence also constitutes an error of law.
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