Flexilease Limited v Mwangi & another; Kotecha (Intended Defendant) (Environment and Land Case E499 of 2024) [2025] KEELC 5569 (KLR)
The bottom line
#The High Court of Kenya dismissed a bid to strike out an application because its supporting affidavit was sworn three days before it, ruling the date error a harmless technicality.
What this practically means
#Executive summary
#Key legal issues
#Whether an affidavit sworn before the application it supports is incurably defective
No. The defect is a mere procedural technicality curable under Order 19 Rule 7 and Article 159(2)(d); striking out is not justified absent prejudice.
The court relied on Section 5 of the Oaths and Statutory Declarations Act, Order 19 Rule 7 of the Civil Procedure Rules allowing reception of affidavits despite irregularity of form, and Article 159(2)(d). Precedent (Kabansora Flour Mills; Bakex Millers) shows striking out should be exceptional. No prejudice was shown, the deponent's personal knowledge was unchallenged, and the affidavit's authenticity and veracity were not disputed.
Legal principles established
#- An affidavit sworn before the application it supports is not fatally defective; courts may receive it under Order 19 Rule 7 notwithstanding irregularity in form, absent demonstrated prejudice
Court orders
#- 1.The application dated 25th March, 2025 is dismissed
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Civil Procedure Rules, 2010 (Order 19 Rule 9; Order 51 Rule 4) and Article 159(2)(d) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Flexilease Limited v Mwangi & another; Kotecha (Intended Defendant) (Environment and Land Case E499 of 2024) [2025] KEELC 5569 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5569/eng@2025-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.