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ELCDismissedNot stated in the judgment text provided· [2025] KEELC 6634 (KLR)

Njambi v Waweru (Environment and Land Case 719 of 2016) [2025] KEELC 6634 (KLR)

Environment and Land Court
2 October 2025
4,388 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to let a defendant add new evidence after trial closed, ruling the late application was a gap-filling afterthought that would unfairly prejudice the other side.

What this practically means

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Executive summary

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This interlocutory ruling of the Environment and Land Court at Nairobi (O. A. Angote, J) determined the Defendant's Notice of Motion dated 26th May 2025 seeking leave to file additional evidence after both parties had closed their cases in a land dispute over Plot No. 675, Kayole Spring Valley Settlement Scheme. The Defendant sought to introduce a certified map of Nairobi Block 190, a map allegedly used fraudulently by scheme officials, and a Nairobi City Council map, contending the documents could not have been obtained earlier due to delays at the Survey of Kenya and the City Council, and that they showed the suit property falls on riparian land and does not exist. The Plaintiff opposed, contending the Defendant knew of the alleged fraud since 2017-2018, was guilty of serial delay, and that admission would breach fair trial rights and require reopening the hearing. The court isolated a single issue: whether to exercise discretion to admit additional evidence after the close of the hearing. Guided by Susan Wavinya Mutavi, Mohammed Abdi Mahamud, Raila Odinga and Samuel Kiti Lewa, the court held the discretion must be exercised judiciously and only in exceptional circumstances. It found no court direction to certify the map had been issued, that the Defendant had known of the alleged riparian status since 2017/2018, that the certified map was illegible with no demonstrated nexus to Plot No. 675, and that admission would deprive the Plaintiff of cross-examination and his Article 50(1) fair hearing rights. The application was dismissed with costs on 2nd October 2025.

Key legal issues

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01

Whether the Defendant should be granted leave to adduce additional evidence after the close of the hearing

Holding

The application was dismissed; the Defendant failed to meet the threshold of reasonable diligence, materiality and credibility, and the application was a late attempt to fill evidentiary gaps

Reasoning

The court applied the principles in Susan Wavinya Mutavi, Mohammed Abdi Mahamud and related authorities. It found the Defendant knew of the alleged riparian character and fraud as early as 2017/2018, had ample opportunity to marshal his evidence before the hearing, and that no court direction to certify the map existed. Admitting untested maps would deprive the Plaintiff of cross-examination and his Article 50(1) right to a fair hearing, and would offend the finality of the trial process.

p. 9
02

Whether the documents sought to be adduced are material and credible

Holding

The documents were neither credible nor probative: the certified Nairobi Block 190 map was illegible and no nexus to Plot No. 675 was shown

Reasoning

The court held the evidentiary process demands documents be subjected to scrutiny through cross-examination and procedural safeguards. The certified map was illegible and of little probative value, and the Defendant failed to demonstrate any connection between Nairobi Block 190 and the suit property, Plot No. 675, so the documents could not assist in resolving the real controversy.

p. 9

Legal principles established

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  • The jurisdiction to re-open a case and admit additional evidence is discretionary, to be exercised judiciously and only in exceptional circumstances where the ends of justice demand and the opposing party will not suffer prejudice incapable of compensation by costs
  • A plea to re-open a case to fill gaps in evidence, or founded on inordinate and unexplained delay, will be rejected
  • The applicant must show the additional evidence could not have been obtained with reasonable diligence at the time of hearing, that it would probably have an important influence on the result, and that it is apparently credible

Court orders

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  1. 1.The Defendant's Notice of Motion dated 26th May 2025 is dismissed
  2. 2.Costs of the application are awarded to the Plaintiff

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure ActSection 63(e)
  • Civil Procedure Rules, 2010Order 7 Rule 5(d)
  • Civil Procedure Rules, 2010Order 51 Rule 1
  • Evidence ActSection 107(1)
  • Constitution of Kenya, 2010Articles 50 and 159(2)(d)

Cases cited (11)

  • Jirongo vs Soy Developers Ltd & 9 Others
    [2020] KESC 38 (KLR)
  • Steyn vs Nsense
    [2025] KEELC 3693 (KLR)
  • Mohammed Abdi Mohamud vs Ahmed Abdullahi Mohamed & 3 others
    [2018] eKLR
  • Samuel Kiti Lewa vs Housing Finance Co. of Kenya Limited & Another
    [2015] KEHC 3930 / [2015] eKLR
  • Rajni Kant Nathoo vs Edward Nthuli & 4 Others
    [2020] KEELC 2341 (KLR)
  • Beatrice Ngonyo Ndungu & another vs Samuel K. Kanyoro & 2 others
    [2017] KEELC 3025 (KLR)
  • Too vs Tum
    [2014] KEELC 512 (KLR)
  • Susan Wavinya Mutavi vs Isaac Njoroge & another
    [2020] eKLR
  • Raila Odinga & 5 Others vs Independent Electoral and Boundaries Commission & 3 Others
    [2013] eKLR
  • Simba Telecom –v- Karuhanga & Anor
    (2014) UGHC 98
  • Smith –versus- New South Wales
    [1992] HCA 36; (1992) 176 CLR 256
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act; Order 7 Rule 5(d) and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Articles 50 and 159(2)(d) of the Constitution

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, "Njambi v Waweru (Environment and Land Case 719 of 2016) [2025] KEELC 6634 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6634/eng@2025-10-02

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