Mary Wanjiku Njiri & Another & Another v Ruth Mary Wangui & 2 Others & 2 Others
The bottom line
#Kenya's Court of Appeal allowed self-represented appellants to tidy up their appeal, confirming courts freely permit amendments unless they unfairly prejudice the other side.
What this practically means
#Executive summary
#Key legal issues
#Governing principles for leave to amend pleadings on appeal
Amendment is directed at proper ventilation of the real dispute and should be freely allowed unless mala fides or prejudice uncompensated by costs is shown.
The Court traced the object of amendments to achieving justice between the parties by determining the real issues, drawing on Cobbold vs Greenwich LBC, Ochieng & Others vs First National Bank of Chicago, Kanawal Sarjit Singh Dhim vs Keshavji Jivraj Shah and Eastern Bakery vs Castelino. A memorandum of appeal is amenable to amendment. The decisive test is whether the other side suffers prejudice not compensable in costs. Since the applicants sought only to remove repetitive grounds to conform with Rule 88, no prejudice arose.
Whether the proposed amendment would prejudice the respondents
No prejudice was demonstrated; the amendment merely removes repetitive grounds to conform with Rule 88.
The 3rd respondent contended the amendment would introduce new matters and fundamentally alter the appeal's character. The Court examined the proposed amendment, which sought only to eliminate repetitive grounds, and found nothing suggesting prejudice. On that basis the amendment jurisdiction was properly invoked and leave was granted with a 14-day timeline for compliance.
Legal principles established
#- An application to amend a pleading should be allowed unless it is made in bad faith or will cause prejudice to the other party that cannot be compensated by costs.
- The discretion to amend, however wide, is a judicial discretion that must be exercised on reason rather than whim or caprice.
- Amendments sought before hearing should be freely allowed if they can be made without injustice to the other side, injustice being absent where the other side can be compensated by costs.
Court orders
#- 1.Leave granted to the applicants to file and serve their amended memorandum of appeal within 14 days from the date of the ruling
- 2.No orders as to costs
- Jurisdiction invoked
- Rule 46(1) of the Court of Appeal Rules, 2022 (leave to amend a document on appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Family Bank Limited v Step Up Holding Limited[2026] KECA 1235 (KLR)3 Jul 2026applied
Cite this brief
#Cite this brief
Caselaw, "Mary Wanjiku Njiri & Another & Another v Ruth Mary Wangui & 2 Others & 2 Others", Case Analysis (2026). Nakuru Civil Appeal No. E058 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/789/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.