Republic v National Land Commission & 2 others; Kamasas Farmers Co-operative Society (Interested Party); Eastern Produce Kenya Limited (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E001 of 2023) [2025] KEELC 6210 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed late-filed court submissions, confirming that procedural deadlines should not block a party's right to a fair hearing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application and the grounds of opposition are meritorious
- 2.Whether the 1st respondent/applicant has given satisfactory explanation for the delay in filing submissions out of time
- 3.Whether the applicant's submissions filed on 26th September 2024 should be deemed properly filed
Key legal issues
#Whether out-of-time submissions should be admitted
The applicant gave a satisfactory explanation for the delay and has an unlimited right to fair hearing; the submissions filed 26th September 2024 are deemed properly filed
The court noted that following the introduction of the overriding objective and Article 159(2)(d), justice must not be sacrificed on the altar of procedural technicality. It invoked sections 3 and 19 of the Environment and Land Court Act and Articles 48, 50(1) and 25(c) on access to justice and fair hearing. The delay was attributed to counsel's involvement in a three-Judge matter at Iten and e-filing challenges, and the court found this explanation satisfactory, exercising its discretion in favour of admission.
Legal principles established
#- Courts should sustain rather than strike out pleadings or matters on purely technical grounds, per the overriding objective and Article 159(2)(d)
- The right to be heard before an adverse decision is a fundamental right permeating the justice system
Court orders
#- 1.The submissions filed on 26th September 2024 by the respondent/applicant are deemed as properly filed
- 2.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 3 and 19 of the Environment and Land Court Act 2015; Articles 159(2)(d) and (e), 48, 50(1) and 25(c) of the Constitution of Kenya 2010
Relief refused
#Costs of the application
The court granted costs in the cause rather than awarding them immediately
Costs
Costs in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Wherefore, the application dated 8th November 2024 is hereby allowed in terms of prayer number one as regards the submissions filed on 26th October 2024 with costs in the cause.
It is trite law that the general trend, following the introduction of the overriding objective in various statutes as well as Article 159 (2) (d) of the Constitution of Kenya 2010, is that the courts strive to sustain rather than strike out pleading or a matter purely on technical grounds.
the finding of this court is that the applicant has the right to access justice and an unlimited right to fair hearing of the application inclusive of the submissions duly filed pursuant to the directions of the court herein
Issues in the judgment
#The judgment states the submissions were filed on 26th September 2024 but the final order refers to submissions 'filed on 26th October 2024'
The judgment refers to leave and directions dated inconsistently - the narrative cites directions of 13th June 2024 and 15th October 2024, but the respondent's submissions refer to leave 'given on 13th June 2025' and 'on 15th October 2025'
Duplicated wording in reference to Order 50
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 2 others; Kamasas Farmers Co-operative Society (Interested Party); Eastern Produce Kenya Limited (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E001 of 2023) [2025] KEELC 6210 (KLR)", Case Analysis (2025). Notice of Motion dated 8th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6210/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.