Mbogo v Samuel & another (Environment and Land Appeal E018 of 2025) [2026] KEELC 788 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can amend any court application, not just pleadings, though the amending party pays costs.
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 court has jurisdiction to grant leave to amend an interlocutory application
- 2.Whether leave to amend the application dated 16/12/2025 should be granted
- 3.Whether an adjournment should be granted and on what costs terms
Key legal issues
#Whether an application is a proper pleading for amendment
An application can properly be amended under Order 8 rule 5(1) of the Civil Procedure Rules
The court construed Order 8 rule 5(1), which allows amendment of 'any document' to determine the real question in controversy or correct defects. It read the wide words 'any document' as covering not only principal pleadings but also interlocutory and post-disposal applications. The respondents' objection that an application is not a proper pleading for amendment therefore failed.
Whether leave to amend should be granted
Leave was granted since no proper basis for denial was shown and the respondent could be indemnified by costs
The court found no proper basis laid to deny leave to amend at that point. It balanced the parties' positions by allowing the amendment while protecting the respondent through an award of the day's costs against the appellant, who sought the adjournment and amendment.
Legal principles established
#- Order 8 rule 5(1) permits amendment of any document, including interlocutory applications, not only principal pleadings
Court orders
#- 1.Leave to amend the application dated 16/12/2025 granted
- 2.Hearing adjourned on the ground that the appellant intends to amend the application
- 3.The appellant/applicant to pay the respondent's advocate's costs of the day, assessed at Kshs 3,000/=, payable within 30 days
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 8 rule 5(1) of the Civil Procedure Rules
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.
The court’s reading of Order 8 (5) (1) is that an application can properly be amended.
For the above reasons, the oral plea for leave to amend the application dated 16/12/2025 is granted. Hearing is adjourned on the ground that the appellant intends to amend the application.
The appellant/applicant shall pay the respondent’s advocate today’s costs, assessed at Kshs 3000/=. The same is to be paid within 30 days.
Issues in the judgment
#Typographical error in the quoted rule text merging the letter 'J' into 'follows'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbogo v Samuel & another (Environment and Land Appeal E018 of 2025) [2026] KEELC 788 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/788/eng@2026-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.