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Kenya decisions
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Obado v Anayo [2025] KEHC 7212 (KLR)
The High Court at Migori allowed the plaintiff to file an Mpesa printout as additional evidence, finding it had been pleaded and would not prejudice the defendant.
Kenya Anti-Corruption Commission v Gachanja & 4 others [2023] KEELC 20192 (KLR)
The court allowed 2nd to 5th defendants to file supplementary witness statements and documents out of time, finding no undue prejudice to the plaintiff.
Trust Bank Limited v Shah & 8 others [2023] KEHC 18998 (KLR)
The High Court declined to allow Trust Bank Limited to call a second witness in a 22-year-old commercial case after pre-trial disclosure and trial had begun.
Kenya Power & Lighting Company Limited v Spedag Interfreight Kenya Limited [2023] KEHC 2052 (KLR)
The court found that, while strict compliance with pre-trial disclosure rules is the norm, it retains discretion to allow additional evidence before judgment if justice so requires and no undue prejudice is occasioned. The plaintiff's request to introduce a more legible wayleave agreement was justified as it was a common document to both parties and would not prejudice the defendant. The investigation report, though not previously explained, was annexed to the application, giving the defendant an opportunity to respond. The court emphasized its duty to ensure a just decision based on all avai…
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Ruto v Kipngetich & 4 others [2023] KEELC 16392 (KLR)
The court found that the defendants failed to disclose their intention to call an expert witness or provide the expert's report at the pre-trial stage as required by the Civil Procedure Rules. This omission deprived the plaintiff of the opportunity to prepare a rebuttal, amounting to procedural ambush and potential prejudice. The court emphasized that procedural rules are designed to ensure fairness and prevent surprise at trial. The defendants had ample opportunity to comply with disclosure requirements but failed to do so. Allowing the expert evidence at this stage would undermine the plain…
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Ethics and Anti Corruption Commission v Sang & 3 others [2023] KEELC 932 (KLR)
The court held that while the Civil Procedure Rules require early disclosure of evidence to prevent ambush and prejudice, courts retain discretion to allow additional evidence or witnesses if it does not cause undue prejudice and is necessary for a fair trial. In this case, the documents and witnesses sought to be introduced by the defendants were already known to the plaintiff and formed part of the court record. The court found that allowing the additional evidence would not amount to an ambush or fundamentally alter the defendants' case, nor would it prejudice the plaintiff. Instead, it wo…
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Mijengo Limited v Njowambu (Kenya) Limited [2022] KEELC 1787 (KLR)
The court held that the plaintiff failed to demonstrate that the additional evidence it sought to introduce was unavailable despite the exercise of due diligence prior to the close of its case. The documents were in the plaintiff's archives and could have been produced earlier. Allowing the reopening of the case at this stage would undermine the principles of pre-trial disclosure and fair trial as set out in the Civil Procedure Rules. The court emphasized that its discretion to allow reopening of a case must be exercised sparingly and only in exceptional circumstances, which were not present…
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Sendy Kenya Freight Limited v Multiple Solutions Limited [2021] KEHC 1803 (KLR)
The High Court at Mombasa dismissed the defendant’s request to call a witness after failing to file witness statements and documents required by the Civil Procedure Rules.
Director of Public Prosecutions v Chief Magistrate’s Court Milimani Anti-Corruption;Kioko Mike Sonko Mbuvi Gidion,Peter Mbugua Kariuki,Patrick Mwangangi,Wambua Ndaka,Andrew Nyasiego,Samuel Mwangi Ndung’u,Edwin Kariuki Murimi,Lawrence Mwangi Mukuru,Preston Mwandiki Miriti,Hardi Enterprises Limited,Toddy Civil Engineering Limited,Anthony Mwaura Nganga,Rose Njeri Nganga,Arbab Auto Limited,Rog Security Limited,High Energy Petroleum Limited,Antony Otieno Ombok Alias Jamal,Ethics & Anti-Corruption Commission & Inspector General (Interested Parties) [2020] KEHC 2526 (KLR)
The High Court found that the trial court acted outside its jurisdiction by issuing general directions requiring pre-plea disclosure and the filing of inventories as a precondition for registering charges in all anti-corruption matters. The law does not empower a magistrate's court to make in rem orders applicable to matters not before it; such general rules or guidelines fall within the mandate of the Chief Justice. The right to disclosure under Article 50(2)(j) of the Constitution is triggered only after an accused person has taken plea, not before. The only statutory basis for rejecting a…
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Charles Wakhu Otokoma v Joyce Malala, Michael Asumba, Vincent Muyeyi, Protus Mukabana, Daniel Okello, Moses Malala & Martin Nabwire [2020] KEELC 3420 (KLR)
The court upheld an objection to new defence witness statements filed after the plaintiff had closed his case, finding the late filing prejudicial and expunging them.
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