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ELCOtherNot stated in judgment

Kihara (Suing as the administrator of the Estate of Alice Nduta Kihara) & another v Patmos Investment Limited & 14 others (Environment and Land Case E159 of 2024) [2026] KEELC 2413 (KLR)

Environment and Land Court
29 April 2026
1,939 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This Ruling by the Environment and Land Court at Thika (Mogeni J) arose from a Notice to Show Cause issued by the Court sua sponte after the 2nd Plaintiff admitted during cross-examination on 23/02/2026 that he had lied on oath and initially declined to purge the perjury. The Court halted the proceedings and directed him to show cause why he should not be prosecuted for perjury. At the hearing, Counsel for the 2nd Plaintiff (Mr. Mboha) pleaded for mercy, describing his client as contrite and fallible. Counsel for the 1st, 8th, 9th, 11th and 13th Defendants urged firm action, submitting that the lie was deliberate, that both Plaintiffs already faced criminal charges, and that perjury was being used as a tactical instrument in land disputes in the jurisdiction. Counsel for the 9th Defendant emphasised that genuine remorse required correcting the false record at the Gatundu Court, which could not have issued the grant had it known the truth. The Court found that the 2nd Plaintiff wilfully lied on oath and that his initial refusal to correct it was a deliberate affront to the administration of justice. Applying authorities on the sanctity of the oath and the statutory framework of sections 108 and 109 of the Penal Code, the Court declined, as an act of conditional judicial grace, to refer the matter for immediate prosecution. It ordered the 2nd Plaintiff to correct the false Gatundu record within 30 days, file an affidavit of confirmation within 14 days thereafter, and personally pay throw away costs of Kshs 50,000, with prosecution to follow automatically on default or any further falsehood.

Questions the Court framed

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

  1. 1.Whether the 2nd Plaintiff wilfully lied on oath during the proceedings of 23/02/2026 and refused to purge the perjury
  2. 2.Whether the Court should set in motion his prosecution for perjury
  3. 3.What conditions, if any, should attach to the Court's exercise of mercy

Key legal issues

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01

Whether a litigant who lies on oath and declines to purge the perjury should be prosecuted

Holding

The Court found the 2nd Plaintiff wilfully lied on oath and initially refused to purge the perjury, but exercised discretion to withhold immediate prosecution, extending conditional mercy

Reasoning

The Court held that the sanctity of the oath underpins adversarial justice and that perjury is not a victimless offence. However, it recognised human fallibility and the 2nd Plaintiff's subsequent contrition expressed through Counsel. Mercy was therefore extended once, on strict conditions requiring correction of the false record at Gatundu, with prosecution to follow automatically on default or any further lie.

p. 4
02

Nature and gravity of perjury under Kenyan law

Holding

Perjury under section 108 of the Penal Code is punishable by imprisonment of up to seven years; section 109 criminalises wilful false statements on oath

Reasoning

The Court set out the statutory framework, emphasising that these provisions protect the integrity of the justice system rather than oppress litigants. A deliberate departure from truth on oath is a cognisable criminal act that strikes at the foundation of adjudication.

p. 3

Legal principles established

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  • Perjury strikes at the foundation of the judicial system and the administration of justice depends on witnesses telling the truth
  • Perjury is not a victimless offence; it deprives parties of justice and corrupts the court record
  • Genuine remorse requires correcting the false record at its source, not merely an apology in court

Court orders

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  1. 1.Finding that the 2nd Plaintiff wilfully lied on oath on 23/02/2026 and that his initial refusal to purge the perjury was a deliberate affront to the administration of justice
  2. 2.Court declines at this stage to refer the matter for immediate prosecution, as an act of measured judicial grace
  3. 3.2nd Plaintiff to take all necessary steps within 30 days of the Ruling to correct the false record at the Gatundu Court
  4. 4.2nd Plaintiff to file an Affidavit within 14 days thereafter confirming the steps taken, exhibiting proof
  5. 5.Warning that any further lie or misleading of the Court will result in referral for prosecution without further hearing
  6. 6.Throw away costs of Ksh 50,000 to be paid personally by the 2nd Plaintiff to the Counsels who attended Court on 23/02/2026 before the next hearing
  7. 7.Matter to revert to normal hearing once all actions are accounted for
  8. 8.Mention to confirm and take a hearing date on 20/07/2026

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Inherent powers of the High Court/Environment and Land Court over the integrity of court proceedings; not expressly stated in the judgment

Relief refused

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Unconditional mercy / no prosecution without conditions

Court imposed conditional obligations and warned of prosecution if conditions are not met

p. 4

Excuse from paying costs

Costs of the Notice to Show Cause awarded against the 2nd Plaintiff personally as a mark of disapproval

p. 5

Costs

Costs of and incidental to the Notice to Show Cause proceedings borne by the 2nd Plaintiff personally, being throw away costs of Kshs 50,000 payable to the Counsels who attended Court on 23/02/2026 before the next hearing.

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 sanctity of the oath is not a procedural technicality. It is the cornerstone upon which the entire edifice of adversarial justice is built.
p. 3sanctity of the oath
First, this Court finds that the 2nd Plaintifi wilfully lied on oath during the proceedings of 23/02/2026, and that his initial refusal to purge the perjury constituted a deliberate afiront to the administration of justice.
p. 4finding of perjury
this Court declines at this stage to refer the matter for immediate prosecution. This is not a finding of innocence. It is an act of measured judicial grace, extended once and not to be interpreted as a standing invitation.
p. 4conditional mercy
The 2nd Plaintifi shall, within thirty (30) days of this Ruling, take all necessary steps to correct the false record at the Gatundu Court.
p. 4final orders - condition to purge perjury
the costs of and incidental to the Notice to Show Cause proceedings shall be borne by the 2nd Plaintifi personally being throw away costs of Kesh 50,000 to be paid to the Counsels who attended Court on 23/02/2026 as per the Court record before the next hearing, as a mark of the Court's disapproval of his conduct.
p. 5final orders - costs
The matter shall revert to the normal hearing once all the above actions are taken and accounted for.
p. 5final orders

Issues in the judgment

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minor

Judgment does not state the case number or citation of the main suit

minor

Conflicting dates in the judgment regarding when the hearing and perjury occurred versus when the Notice to Show Cause was directed to be canvassed

minor

Possible clerical error - 'throw away costs of Kesh 50,000' likely intended as Kshs

minor

Counsel for the 13th Defendant is named as 'Mr. Mboya' in the appearance list while Mr. Mboha appears for the Plaintiffs - potential clerical confusion

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, "Kihara (Suing as the administrator of the Estate of Alice Nduta Kihara) & another v Patmos Investment Limited & 14 others (Environment and Land Case E159 of 2024) [2026] KEELC 2413 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2413/eng@2026-04-29

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