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ELCOtherNot stated in the excerpt

United Care Limited v Macharia & 2 others (Environment and Land Case Civil Suit 320 of 2019) [2025] KEELC 5049 (KLR)

Environment and Land Court
8 July 2025
1,890 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled that uncertified copies of government documents are inadmissible in court—you must obtain certified copies first.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nairobi (Christine Ochieng, J) determines an evidentiary objection raised during trial by counsel for the 1st Defendant against the Plaintiff's production of copies of documents listed on 30th September 2019. The objection targeted six items of correspondence from government offices, including letters from the National Land Commission, the Director of Survey and the Ministry of Lands, none authored by or addressed to the Plaintiff. The Plaintiff argued that no Notice to Produce was served under section 69 of the Evidence Act, that no objection was raised at pre-trial, and that the 2025 ELC Practice Directions allowed production of secondary evidence. The Defendants countered that the documents were public documents requiring certification under section 80 of the Evidence Act and that the Plaintiff had not brought itself within the section 68 exceptions. The court framed a single issue: whether the Plaintiff could produce uncertified copies of public documents from government offices. Applying sections 67, 68 and 80 of the Evidence Act and relying on re the Estate of Charles Ndegwa Kiragu and Kenya Railways Corporation v Okoiti (SC), the court held that only certified copies of public documents are admissible as secondary evidence and that the ELC Practice Directions of 21st March 2025 cannot supersede the Evidence Act or the Access to Information Act. The objection was found merited and sustained.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the Plaintiff can produce uncertified copies of public documents emanating from government offices

Key legal issues

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Admissibility of uncertified copies of public documents held by government offices

Holding

The objection is merited; the Plaintiff may not produce uncertified copies of public documents not authored by or addressed to it

Reasoning

Sections 67 and 68 of the Evidence Act permit secondary evidence only within defined exceptions; for public documents under section 68(1)(e) and (f), only a certified copy under section 80 is admissible. The plaintiff did not bring itself within the exceptions, did not obtain the documents under the Access to Information Act, and the ELC Practice Directions of 2025 cannot override the Evidence Act.

p. 4

Legal principles established

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  • Secondary evidence of a public document may only be given by certified copy, and the ELC Practice Directions cannot supersede the Evidence Act or the Access to Information Act

Court orders

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  1. 1.The objection by the Defendants to the production of uncertified copies of public documents is sustained

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original trial jurisdiction of the Environment and Land Court (evidentiary objection during trial)

Relief refused

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Plaintiff's request to produce secondary/uncertified copies of public documents

Documents are uncertified copies of public documents neither addressed to nor copied to the Plaintiff; must be obtained and certified per the Evidence Act and Access to Information Act

p. 5

Costs

No costs order stated

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Based on the facts before me while relying on the legal provisions cited above and associating myself with the decisions quoted, I opine that since the documents sought to be produced are uncertified copies of public documents, which were neither addressed to the Plaintifi nor copied to it, the Plaintifi should adhere to the provisions set out in the Access to Information Act and Evidence Act before doing so.
p. 5Admissibility of uncertified public documents
In the foregoing, I find the Objection merited and will sustain it.
p. 5Final orders - objection sustained

Issues in the judgment

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minor

Second defendant's counsel argued Joash Oindo was a former NLC employee but the judgment does not resolve this point separately

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "United Care Limited v Macharia & 2 others (Environment and Land Case Civil Suit 320 of 2019) [2025] KEELC 5049 (KLR)", Case Analysis (2025). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5049/eng@2025-07-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.