Kenya Case Law

United Care Limited v Macharia & 2 others

United Care Limited v Macharia & 2 others [2025] KEELC 5049 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 320 of 2019

Judge

CA Ochieng

The court held that uncertified copies of public documents emanating from government offices, which were neither addressed to nor authored by the Plaintiff, cannot be produced as secondary evidence unless the Plaintiff strictly complies with the requirements of the Evidence Act and the Access to Information Act. The Evidence Act mandates that public documents must be produced as certified copies, and secondary evidence is only admissible under specific exceptions, none of which were satisfied by the Plaintiff. The ELC Practice Directions do not override statutory requirements. The Plaintiff f…

Source excerpt

• Admissibility Of Evidence
• Public Documents
• Secondary Evidence
• Certification Requirements

Scorpion Properties Ltd & another v Mody & 8 others; Mody (Plaintiff to the Counterclaim); Scorpion Properties Limited & 4 others (Defendant to the Counterclaim)

Scorpion Properties Ltd & another v Mody & 8 others; Mody (Plaintiff to the Counterclaim); Scorpion Properties Limited & 4 others (Defendant to the Counterclaim) [2025] KEELC 1489 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 2156 of 2007

Judge

CA Ochieng

PW1 is not a competent witness to produce the objected public documents because he was not the maker, recipient, or did not demonstrate proper acquisition and certification of the documents as required by law, including Sections 80 and 81 of the Evidence Act and the principles established in relevant case law.

Source excerpt

• Admissibility Of Evidence
• Public Documents
• Production Of Documents
• Land Disputes

Marriot Africa International Limited v Murigu & 3 others; Ukombozi Holdings Limited (Interested Party)

Marriot Africa International Limited v Murigu & 3 others; Ukombozi Holdings Limited (Interested Party) [2025] KEELC 1307 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 4 of 2021

Judge

JO Mboya

The court declined an oral application to use an undisclosed affidavit from another case for cross-examination, holding that fairness and orderly discovery would be undermined.

• Discovery Of Documents
• Admissibility Of Evidence
• Judicial Notice
• Public Documents
• Cross Examination
• Fair Hearing

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

Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others

Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others [2025] KEELC 944 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 339 of 2011

Judge

OA Angote

The court dismissed an objection to producing a Gazette Notice, holding it was not res judicata and that the Plaintiff could rely on it subject to procedural fairness.

• Admissibility Of Evidence
• Joinder Of Issue
• Public Documents
• Title Disputes
• Relevance Of Evidence
• Admissibility-of-evidence

Kosgey & another v Kosgey & 3 others

Kosgey & another v Kosgey & 3 others [2025] KEELC 477 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E022 of 2023

Judge

GMA Ongondo

The plaintiffs have a fundamental right to call the 3rd defendant, a public officer, to produce public documents pursuant to a duly served notice to produce, which is supported by constitutional provisions promoting access to justice and timely resolution of disputes.

Source excerpt

• Production Of Documents
• Notice To Produce
• Public Documents
• Adjournment Of Hearing

Republic v Ochieng

Republic v Ochieng [2025] KEHC 3215 (KLR)

Court

High Court

Case number

Criminal Case 52 of 2018

Judge

AC Bett

The High Court at Kakamega sustained an objection to producing the original Firearm Movement book, finding the late attempt would prejudice the accused.

• Admissibility Of Evidence
• Primary And Secondary Evidence
• Public Documents
• Recall Of Witnesses
• Admissibility-of-evidence
• Primary-and-secondary-evidence

Republic v Limuru SPM Court & another

Republic v Limuru SPM Court & another [2024] KEHC 15197 (KLR)

Court

High Court

Case number

Criminal Revision E181 of 2022

Judge

DO Chepkwony

High Court revision allowed after the trial court refused recall of a witness to produce a birth certificate in a sexual offence case.

• Supervisory Jurisdiction
• Adjournment Of Proceedings
• Production Of Evidence
• Sexual Offences
• Public Documents
• Criminal-revision

Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others

Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others [2024] KEELC 4454 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 339 of 2011

Judge

JA Mogeni

The Environment and Land Court overruled an objection to documents produced by a clerk, holding that public documents may be produced without calling the author as a witness.

• Admissibility Of Evidence
• Production Of Documents
• Public Documents
• Business Registration Records
• Admissibility-of-evidence
• Production-of-documents

Republic v Lewis

Republic v Lewis [2024] KEHC 738 (KLR)

Court

High Court

Case number

Criminal Case E077 of 2021

Judge

K Kimondo

The High Court allowed the prosecution to adduce specified secondary evidence after finding the original IPOA file and related documents were lost, subject to fair-trial safeguards.

• Admissibility Of Evidence
• Secondary Evidence
• Fair Trial Rights
• Public Documents
• Secondary-evidence
• Admissibility-of-evidence