Kenya Case Law

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

Ngambaa v Kimani

Ngambaa v Kimani [2025] KEELC 3696 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E102 of 2022

Judge

LC Komingoi

The court allowed the defendant’s application to amend the defence, recall the plaintiff’s witness, and call an advocate witness, finding no prejudice to the plaintiff.

• Amendment Of Pleadings
• Leave To Amend Defence
• Recall Of Witness
• Cross Examination
• Admissibility Of Evidence
• Amendment-of-pleadings

Rahemtulla & another v Irrico International Limited

Rahemtulla & another v Irrico International Limited [2025] KEHC 3759 (KLR)

Court

High Court

Case number

Civil Suit E93 of 2021

Judge

RC Rutto

The court denied the application to set aside proceedings, reopen the case, or order a de novo hearing because the applicant failed to demonstrate that reopening the case would have a significant impact on the outcome, the application was filed with inordinate and unexplained delay, and the applicant had already had an opportunity for comprehensive cross-examination and would have a further opportunity to present evidence during the defence case.

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• Reopening Of Case
• Recall Of Witness
• Cross Examination Rights
• Court Record Management

Kenya Power and Lighting Company Limited v Mwangi

Kenya Power and Lighting Company Limited v Mwangi [2024] KEHC 16128 (KLR)

Court

High Court

Case number

Civil Appeal Suit E012 of 2023

Judge

MA Odero

The High Court allowed an appeal after finding the trial court should have reopened proceedings to let the appellant cross-examine and present its defence.

• Recall Of Witness
• Ex Parte Proceedings
• Judicial Discretion
• Right To Be Heard
• Civil-procedure
• Recall-of-witnesses

Lwande & 66 others v Registered Trustees of Telposta Pension Scheme

Lwande & 66 others v Registered Trustees of Telposta Pension Scheme [2024] KEELC 6878 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 1321 of 2013

Judge

OA Angote

The court held that it was not functus officio in respect of incidental post-judgment matters such as review or execution. However, the applicant failed to comply with mandatory procedural requirements for change of advocate post-judgment under Order 9 Rule 9, as there was neither consent from previous counsel nor evidence of service. The court found no basis to re-open the case or recall witnesses, as the applicant was one of many plaintiffs represented at trial, and her failure to testify was a matter of litigation strategy, not a ground for setting aside judgment. The application for revie…

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• Review Of Judgment
• Change Of Advocate Post Judgment
• Reopening Of Case
• Recall Of Witness
• Sale Of Land Disputes

Muiruri v Director of Public Prosecutions & another

Muiruri v Director of Public Prosecutions & another [2024] KEHC 13170 (KLR)

Court

High Court

Case number

Criminal Revision E1219 of 2024

Judge

AM Muteti

The High Court allowed a criminal revision, ordering PW3 to be recalled, lifting a warrant of arrest, and directing the trial file back to court.

• Adjournment Of Hearing
• Fair Trial Rights
• Judicial Discretion
• Recall Of Witness
• Warrant Of Arrest
• Criminal-revision

West Kenya Sugar Company Limited v Nyongesa & another

West Kenya Sugar Company Limited v Nyongesa & another [2024] KEHC 12191 (KLR)

Court

High Court

Case number

Civil Appeal E126 of 2023

Judge

S Mbungi

The High Court struck out an appeal for want of jurisdiction after finding leave to appeal was required but not obtained.

• Leave To Appeal
• Recall Of Witness
• Jurisdiction Of Court
• Appealable Orders
• Leave-to-appeal
• Recall-of-witness

Japeth v Homeland Express Limited & 6 others

Japeth v Homeland Express Limited & 6 others [2024] KEELC 6163 (KLR)

Court

Environment and Land Court

Case number

Civil Suit 51 of 2019

Judge

LL Naikuni

The Environment and Land Court allowed the plaintiff’s unopposed motion to reopen her case, call a forensic document examiner, and recall a witness for further cross-examination.

• Reopening Of Case
• Recall Of Witness
• Admissibility Of Evidence
• Forensic Document Examination
• Reopening-of-case
• Recall-of-witness

Mbaabu (The duly appointed Attorney of Gerald Kithinji Mwiricha) v Abdulrahim & 4 others

Mbaabu (The duly appointed Attorney of Gerald Kithinji Mwiricha) v Abdulrahim & 4 others [2024] KEELC 6080 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 319 of 2021

Judge

AE Dena

The court dismissed an application to recall the plaintiff for further evidence after amendments to the plaint, finding the amendments only clarified the pleadings.

• Amendment Of Pleadings
• Recall Of Witness
• Land Title Consolidation
• Interlocutory Injunctions
• Recall-of-witness
• Amendment-of-pleadings

Republic v Isabwa & 6 others

Republic v Isabwa & 6 others [2024] KEHC 10350 (KLR)

Court

High Court

Case number

Criminal Case 29 of 2015

Judge

K Kimondo

The High Court allowed the prosecution to recall PW34 to produce call data reports, holding objections on admissibility and disclosure were premature at that stage.

• Recall Of Witness
• Admissibility Of Evidence
• Disclosure Of Evidence
• Recall-of-witness
• Disclosure-of-evidence
• Admissibility-of-evidence