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ELCAllowedNot stated in the extract

Miano & another v Chief Land Registrar & 3 others (3rd and 4th Defendants sued as personal representatives of the Estate of Kaakua Ole lekakua - Deceased) (Environment and Land Case E061 of 2022) [2026] KEELC 2812 (KLR)

Environment and Land Court
7 May 2026
650 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court allowed a landowner to add a witness late in trial, saying fairness in high-stakes land cases outweighs procedural objections.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (Judy Omange, J) determined an application dated 22nd December 2025 by the 1st Plaintiff seeking leave to file a supplementary list of witnesses and introduce the statement of Racheal Muthoni Ndumba, who served as the 1st Plaintiff's Personal Assistant from April 1983 to December 2006. The Plaintiff explained that contact with the witness was only re-established in September 2025 after efforts dating to the filing of the suit in 2022. The 3rd and 4th Defendants opposed, arguing the application was an afterthought and an abuse of process designed to fill gaps exposed in cross-examination, since the 1st Plaintiff had already testified and closed her case and the witness was never mentioned in the pleadings or initial witness statements. The Court framed a single issue: whether to exercise its discretion to allow the additional witness. It observed from the record that after PW2's testimony, Plaintiff's counsel had sought an adjournment to call a final witness without objection from the Defendants, the later objection resting only on the procedural irregularity of filing the statement without leave. Anchored in Sections 1A, 1B and 3A of the Civil Procedure Act, the Court held that the interest of justice and fair trial, and the high stakes in a land matter, justified granting leave, with prejudice mitigated by cross-examination. Leave was granted to both sides to file supplementary lists and statements within set timelines; costs of the application were to abide the outcome of the main suit.

Questions the Court framed

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

  1. 1.Whether the Court should exercise its discretion to allow the Plaintiff to introduce an additional witness (Racheal Muthoni Ndumba) and file a supplementary witness statement after the Plaintiff's case was substantially heard

Key legal issues

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Whether the Court should allow the Plaintiff to introduce an additional witness and supplementary witness statement after the Plaintiff had substantially testified

Holding

Yes. The Court exercised its discretion under Sections 1A, 1B and 3A of the Civil Procedure Act in favour of allowing the witness, holding the interest of justice and fair trial outweighed the objection, especially given the high stakes of a land matter and the availability of cross-examination to cure prejudice.

Reasoning

The Court noted that no objection was raised when counsel for the Plaintiff sought an adjournment to call a final witness after PW2's testimony; the later objection was grounded only on the procedural irregularity of filing the witness statement without leave. The discretion to admit additional witnesses is anchored in the Civil Procedure Act's mandate for just, expeditious, proportional and affordable resolution. Prejudice to the Defendants was considered mitigated by the right to cross-examine the new witness and their reciprocal leave to file supplementary statements.

p. 2

Legal principles established

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  • The power to allow additional evidence or witnesses is discretionary and must be exercised judiciously in the interest of justice, guided by the overriding objective under Sections 1A, 1B and 3A of the Civil Procedure Act
  • Prejudice to the opposing party from a late witness is mitigated where that party retains the opportunity to cross-examine the intended witness

Court orders

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  1. 1.Leave granted to the Plaintiffs to file a supplementary list of witnesses and documents, if any, within 14 days of the Ruling
  2. 2.The Plaintiff ordered to serve the Defendants within 14 days of filing
  3. 3.The Defendants granted corresponding leave to file any supplementary witness statements and documents, if necessary, within fourteen (14) days of service
  4. 4.Costs of the application to abide the outcome of the main suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act (inherent and overriding objective powers to regulate proceedings)

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 power of the Court to allow additional evidence or witnesses is discretionary and must be exercised judiciously in the interest of justice.
p. 2Discretion to admit additional witnesses
in the interest of justice, and fair trial, and considering the high stakes in a land matter, there are suficient grounds for the court to exercise its discretion and allow the Plaintifi to file the witness statement and call their last witness.
p. 2Court's exercise of discretion
Leave is hereby granted to the Plaintifis’ to file a supplementary list of witnesses and documents if any within 14 days of this Ruling.
p. 2Final orders – leave granted
Costs of the application shall abide outcome of the main suit.
p. 2Costs of the application

Issues in the judgment

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minor

The judgment refers to a 'Ruling' delivered in 2026 determining an application dated December 2025, yet it is styled as a judgment; the cause number and full party names are absent from the extract.

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, "Miano & another v Chief Land Registrar & 3 others (3rd and 4th Defendants sued as personal representatives of the Estate of Kaakua Ole lekakua - Deceased) (Environment and Land Case E061 of 2022) [2026] KEELC 2812 (KLR)", Case Analysis (2026). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2812/eng@2026-05-07

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