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ELCDismissedNot stated in the judgment

Waso Trading Co Limited & another v Epuyo & 277 others (Environment and Land Case E027 of 2021) [2026] KEELC 122 (KLR)

Environment and Land Court
19 January 2026
1,123 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Meru refused to convert a land trial to a virtual hearing, confirming Kenyan courts will insist on physical hearings where documents are contested.

What this practically means

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Executive summary

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By a notice of motion dated 19/9/2025, the plaintiffs sought review of trial directions issued on 30/6/2025 by the trial judge, which required the suit to be heard denovo in physical/open court from 1/10/2025. The plaintiffs, whose advocates had changed after the directions were issued, explained that their main witness, the 2nd plaintiff, resided in the United States where he worked as a medical practitioner, and that they were unaware of the directions due to loss of communication with their previous advocate. They sought a virtual hearing, an alternative open-court date, and an order condemning defendants who insisted on open court hearing to pay their witness's travel and upkeep expenses. The 3rd, 4th, 6th, 7th and 8th defendants, through the Attorney General, and the 9th to 270th defendants opposed, contending that the suit involved voluminous bundles of documents, many alleged forgeries, requiring physical attendance for efficient hearing and cross-examination. The court noted that prayers 1 and 2 of the application were spent, leaving only prayer 3. Framing two questions - whether a proper basis for review had been demonstrated and whether the defendants should be condemned to witness expenses - the court held that physical attendance was the appropriate trial mode given the contested documents, and that under Section 27 of the Civil Procedure Act costs follow the event, so the 2nd plaintiff's residence abroad could not justify shifting witness costs to the defendants. The application was dismissed for lack of merit on 19 January 2026.

Questions the Court framed

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

  1. 1.Whether a proper basis has been demonstrated to warrant a review of the order of 30/6/2025 requiring physical/open court hearing
  2. 2.Whether a proper case has been made to warrant condemning any of the defendants to bear travelling and upkeep expenses of the plaintiffs' witnesses at this point

Key legal issues

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01

Whether review of trial directions ordering physical hearing was warranted

Holding

Review refused; no proper basis demonstrated

Reasoning

The plaintiffs were willing to have the matter heard in open court and only sought a convenient date. The dispute involves voluminous documents alleged by Government officers to be forgeries, requiring physical cross-examination of the plaintiffs' witnesses. Residence of the 2nd plaintiff in the USA did not justify disturbing the directions issued on 30/6/2025.

p. 3
02

Whether defendants insisting on open court hearing should bear plaintiffs' witness expenses

Holding

Refused

Reasoning

The defendants were brought to court by the plaintiffs; the suit land is in Kenya and the 1st plaintiff is a Kenyan-registered company. The general rule under Section 27 of the Civil Procedure Act is that costs follow the event, and the 2nd plaintiff's residence abroad is not a proper basis to depart from that principle at this stage.

Legal principles established

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  • Costs follow the event as a general principle under Section 27 of the Civil Procedure Act
  • Where documents are voluminous and contested as forgeries, physical attendance in court is the appropriate trial mode

Court orders

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  1. 1.The application dated 19/9/2025 is rejected and dismissed for lack of merit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; application for review under the Civil Procedure Act (Section 27 cited on costs)

Relief refused

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Review of the 30/6/2025 trial directions requiring physical/open court hearing

No proper basis demonstrated; given the voluminous and contested documents, physical attendance is the appropriate trial mode

p. 3

Condemnation of defendants insisting on open court hearing to pay plaintiffs' witness travel and upkeep expenses

Costs follow the event under Section 27 of the Civil Procedure Act; the 2nd plaintiff's residence in the USA is not a proper basis to depart from that principle

Costs

No express costs order made; the application was dismissed for lack of merit.

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.

The result is that the application dated 19/9/2025 is rejected and dismissed for lack of merit.
p. 3Final orders - dismissal of the application
the court comes to the finding that no proper basis has been demonstrated to warrant a review of the order of 30/6/2025.
p. 3Review of trial directions
the general principle on costs is contained in Section 27 of the Civil Procedure Act and provides that costs follow the event.
p. 3Costs principle

Issues in the judgment

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minor

The judgment states 'the 2nd defendant resides in Minnesotta in the United States of America' when the context indicates it is the 2nd plaintiff who resides in the USA

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, "Waso Trading Co Limited & another v Epuyo & 277 others (Environment and Land Case E027 of 2021) [2026] KEELC 122 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/122/eng@2026-01-19

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