Kenya Case Law

Okelo (In his capacity as Legal Representative of Ochong Okelo - Deceased) v Aguka & 2 others; Karau & 14 others (Interested Parties)

Okelo (In his capacity as Legal Representative of Ochong Okelo - Deceased) v Aguka & 2 others; Karau & 14 others (Interested Parties) [2025] KEELC 5388 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 48 of 2011

Judge

JO Mboya

The court dismissed an objection to an email and report, holding that the plaintiff could still comply with the electronic certificate requirement under Section 106B.

• Admissibility Of Evidence
• Electronic Evidence
• Documentary Evidence
• Production Of Documents
• Electronic-evidence
• Admissibility-of-documents

Njenga v Republic

Njenga v Republic [2025] KEHC 10382 (KLR)

Court

High Court

Case number

Criminal Appeal E027 of 2024

Judge

AK Ndung'u

The High Court allowed a criminal appeal for stealing by servant, holding that the prosecution’s key documentary evidence was inadmissible and insufficient.

• Stealing By Servant
• Burden Of Proof
• Admissibility Of Evidence
• Documentary Evidence
• Standard Of Proof
• Criminal Appeals

Nimoron Ventures Limited v Commissioner Legal Services & Board Coordination

Nimoron Ventures Limited v Commissioner Legal Services & Board Coordination [2025] KEHC 10454 (KLR)

Court

High Court

Case number

Tax Appeal E330 of 2024

Judge

JK Ng'arng'ar

The court found that the appellant failed to comply with the respondent's unequivocal request for specific documents necessary to review the objection to the tax assessment. The documents sought were critical to support the appellant's position, and the appellant did not demonstrate any difficulty in providing them. The tribunal and the respondent both correctly found that the appellant had not discharged its burden of proof as required by section 56(1) of the Tax Procedures Act. The court held that the appellant's arguments regarding the relevance of the documents and the shifting of the bur…

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• Burden Of Proof
• Tax Assessment
• Documentary Evidence
• Income Tax
• Vat
• Tax Appeals Tribunal Procedure

Republic v Gidion alias Sonko & 2 others

Republic v Gidion alias Sonko & 2 others [2025] KEMC 163 (KLR)

Court

Magistrate's Court

Case number

Anti-Corruption and Economic Crimes Case 1 of 2020

Judge

CN Ondieki

The court held that unless the objection to the production of documentary evidence is plain, obvious, or requires immediate determination (such as those relating to rules of examination or hearsay), the proper course is to allow the document to be produced as an exhibit, subject to cross-examination and a continuing objection. The determination of admissibility and relevancy should be deferred to the final stage of the trial, when the court will consider all evidence and arguments before making a ruling under section 215 of the Criminal Procedure Code. This approach is consistent with the con…

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• Admissibility Of Evidence
• Trial Objections
• Documentary Evidence
• Right To Fair Trial

Thomas & Piron Grand Lacs Limited v Kenya Builders & Concrete Company Limited

Thomas & Piron Grand Lacs Limited v Kenya Builders & Concrete Company Limited [2025] KEHC 10472 (KLR)

Court

High Court

Case number

Civil Appeal E855 of 2022

Judge

REA Ougo

The High Court dismissed an appeal from the Small Claims Court, holding that LPOs, invoices, and delivery notes sufficiently proved supply of goods and the debt claimed.

• Contract For Supply Of Goods
• Burden Of Proof
• Documentary Evidence
• Standard Of Proof
• Appeals Process
• Burden-of-proof

Prism Life Sciences Limited v Galaxy Pharmaceuticals Limited & another

Prism Life Sciences Limited v Galaxy Pharmaceuticals Limited & another [2025] KEHC 10038 (KLR)

Court

High Court

Case number

Commercial Case E065 of 2025

Judge

PM Mulwa

The court held that the supporting affidavit sworn in India and relied upon by the Plaintiff was inadmissible for failure to comply with the Hague Apostille Convention and the Evidence Act. The absence of an apostille certificate or sufficient proof of proper notarization and authentication rendered the affidavit incurably defective. The court found that the defect was substantive and not curable by amendment or rectification, as the foundation for admissibility was lacking. Additionally, the court noted procedural irregularities in the identification and certification of annexures, with many…

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• Admissibility Of Affidavits
• Foreign Documents Authentication
• Apostille Convention Compliance
• Preliminary Objection
• Documentary Evidence
• Procedural Irregularities

Nyingi v Thuita

Nyingi v Thuita [2025] KEELC 5135 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 214 of 2013

Judge

JO Olola

The court found that the applicant failed to demonstrate sufficient cause for the grant of stay of execution or review of the judgment. The delay of approximately four months in filing the application was unexplained. The applicant's claim that her former advocates were negligent and failed to present evidence did not constitute a ground for review, as the record showed the applicant's advocate elected not to call any witnesses. The court emphasized that the obligation to follow up on the progress of litigation rests with the client, and any negligence by the advocate gives rise to a separate…

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• Stay Of Execution
• Review Of Judgment
• Advocate Negligence
• Possession And Occupation
• Documentary Evidence
• Delay In Application

Tonui & 2 others v Prairie Co-op Society Ltd & another

Tonui & 2 others v Prairie Co-op Society Ltd & another [2025] KEELC 5082 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 127 of 2014

Judge

MAO Odeny

The Environment and Land Court at Nakuru allowed a 2nd Defendant’s application to file a further list and bundle of documents out of time.

• Extension Of Time
• Admission Of Additional Evidence
• Pre Trial Procedure
• Documentary Evidence
• Extension-of-time
• Additional-documents

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another

Juma (Suing as the Administrator of the Estate of the Late Amos Juma Abelo alias Malowa Abura) v Abura & another [2025] KEELC 5028 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E004 of 2022

Judge

AE Dena

The court found that the witness statement of Monica Otieno Oyugi could not be admitted as evidence in chief because it was not an affidavit and did not meet the requirements for admissibility under Sections 33 or 35 of the Evidence Act. Section 33 requires that the statement fit within specific exceptions, which the statement did not. Section 35 applies to documentary evidence, not to unsworn witness statements. The court emphasized that a witness statement is not evidence until adopted in court, and the adversarial system requires that evidence be tested through cross-examination. Admitting…

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• Admissibility Of Evidence
• Witness Statements
• Incapacity Of Witness
• Documentary Evidence
• Fair Hearing
• Land Disputes

National Water Conservation & Pipeline Corporation v Assembled Enterprises Limited

National Water Conservation & Pipeline Corporation v Assembled Enterprises Limited [2025] KEHC 9487 (KLR)

Court

High Court

Case number

Civil Appeal E775 of 2021

Judge

JN Njagi

The High Court dismissed a civil appeal over unpaid transport services, upholding a reduced special damages award of Ksh. 2,168,040 based on the evidence.

• Contractual Liability
• Special Damages
• Proof Of Debt
• Corporate Agency
• Documentary Evidence
• Special-damages