Kenya Case Law

Cirtex Kenya Limited & another v Leparakwo & 6 others

Cirtex Kenya Limited & another v Leparakwo & 6 others [2025] KEELC 5171 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 152 of 2018

Judge

OA Angote

The court found that Corporal Nicolaus Osuri is a competent witness under the Evidence Act, as there was no evidence of incapacity. The admissibility of his evidence is determined by its relevance to the issues in dispute, specifically the ownership of the suit property. The fact that he is a DCI officer does not render his evidence inadmissible in civil proceedings. The existence of parallel criminal proceedings does not preclude the continuation of civil proceedings or the admission of evidence gathered in criminal investigations, unless it is shown that such proceedings are oppressive or a…

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• Admissibility Of Evidence
• Competence Of Witnesses
• Parallel Civil And Criminal Proceedings
• Late Filing Of Documents

Kenya Engineering Workers Union v Metal Crowns Limited

Kenya Engineering Workers Union v Metal Crowns Limited [2025] KEELRC 1824 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E145 of 2022

Judge

JW Keli

The court found that the matter had not been determined nor had a judgment date been set, distinguishing it from authorities cited by the claimant. In the interests of substantive justice and in accordance with Section 20(1) of the Employment and Labour Relations Court Act and Article 159(2)(d) of the Constitution, the court held that the applicant should be allowed to file its documents and witness statement out of time. The court reasoned that any prejudice to the claimant could be remedied by an award of throw away costs, specifically Kshs. 15,000 payable within 30 days, failing which the…

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• Late Filing Of Documents
• Procedural Fairness
• Union Dues Dispute
• Witness Statement Admission

Wanderi & another v Madisurp Investments & 7 others; Kamau (Intended Interested Party)

Wanderi & another v Madisurp Investments & 7 others; Kamau (Intended Interested Party) [2025] KEELC 4262 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 13 of 2024

Judge

MC Oundo

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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• Admission Of Evidence
• Recall Of Witness
• Joinder Of Parties
• Late Filing Of Documents

Mburu & another v Kengere & 3 others

Mburu & another v Kengere & 3 others [2025] KEHC 7531 (KLR)

Court

High Court

Case number

Civil Appeal E008 of 2025

Judge

FN Muchemi

The High Court at Thika declined to admit new evidence after submissions had closed, holding that reopening pleadings would delay the amended motion.

• Admissibility Of Evidence
• Procedural Fairness
• Late Filing Of Documents
• Civil-procedure
• Admissibility-of-evidence
• Procedural-fairness

Marriot Africa International Limited v Murigu & 3 others; Ukombozi Holdings Ltd (Interested Party); Kangaita Coffee Estates Limited (Counter Claimer); Trendseters Investments Ltd & 4 others (Defendant to the Counterclaim)

Marriot Africa International Limited v Murigu & 3 others; Ukombozi Holdings Ltd (Interested Party); Kangaita Coffee Estates Limited (Counter Claimer); Trendseters Investments Ltd & 4 others (Defendant to the Counterclaim) [2025] KEELC 1453 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 4 of 2021

Judge

JO Mboya

The court lacks jurisdiction to validate pleadings, documents, and witness statements filed out of time and without leave of the court, as such filings are a nullity. Furthermore, admitting such documents and evidence after the close of a party's case, without providing an opportunity to respond, constitutes a violation of the right to a fair trial and causes undue prejudice.

Source excerpt

• Late Filing Of Documents
• Leave Of Court
• Right To Fair Hearing
• Expungement Of Documents
• Litigation By Ambush

Onyango v Lessonet & another

Onyango v Lessonet & another [2025] KEELC 1230 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E002 of 2020

Judge

A Ombwayo

The Environment and Land Court allowed an application to file a further list of documents late, finding no prejudice to the plaintiff and ordering certified copies of public documents.

• Late Filing Of Documents
• Supplementary Evidence
• Admissibility Of Evidence
• Public Documents
• Late-filing-of-documents
• Supplementary-evidence

Mutinda (Suing as the legal representative of the Estate of Felicicia Wanjiru - Deceased) v Karani & another; Attorney General (Third party)

Mutinda (Suing as the legal representative of the Estate of Felicicia Wanjiru - Deceased) v Karani & another; Attorney General (Third party) [2025] KEMC 33 (KLR)

Court

Magistrate's Court

Case number

Civil Case 4 of 2017

Judge

PA Ndege

An application filed in a civil court by a deceased defendant is a nullity and incompetent.

Source excerpt

• Joinder Of Parties
• Death Of Party
• Competency Of Application
• Late Filing Of Documents

Otieno v Kenya Medical Women Association

Otieno v Kenya Medical Women Association [2025] KEELRC 687 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 709 of 2018

Judge

CN Baari

The court allowed the respondent to file witness statements and amended response out of time, finding the delay inordinate but excusable in the interests of justice.

• Amendment Of Pleadings
• Late Filing Of Documents
• Mistake Of Advocate
• Overriding Objective
• Witness Statements
• Amendment-of-pleadings

Miguna v Standard Group PLC & 2 others

Miguna v Standard Group PLC & 2 others [2025] KEHC 1181 (KLR)

Court

High Court

Case number

Civil Case 6 of 2016

Judge

LP Kassan

The court dismissed the Defendants' application to admit additional evidence and recall the Plaintiff because the Defendants failed to demonstrate reasonable diligence in obtaining the evidence earlier, the evidence was not properly pleaded or included in witness statements, lacked proper authentication, and admitting it at this stage would prejudice the Plaintiff by disrupting trial management and depriving him of prior notice.

Source excerpt

• Admissibility Of Evidence
• Recall Of Witnesses
• Late Filing Of Documents
• Authentication Of Electronic Evidence

Dee-Em Investments Ltd v Siimbol Investments Limited & 7 others

Dee-Em Investments Ltd v Siimbol Investments Limited & 7 others [2025] KEELC 767 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 306 of 2019

Judge

JA Mogeni

The court dismissed the 1st Defendant's application to file supplementary documents because it was made after the plaintiff had substantially presented its case, the documents were in the 1st Defendant's custody for a long time before filing the suit, allowing the filing would prejudice the plaintiff, and it would cause undue delay, contradicting the Overriding Objective of the court.

Source excerpt

• Late Filing Of Documents
• Prejudice To Opposing Party
• Case Management
• Land Title Disputes