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ELCPartially Allowednot_stated_in_extract

Kirera v M’mwongo & 4 others (Land Case Appeal E099 of 2025) [2026] KEELC 3685 (KLR)

Environment and Land Court
9 June 2026
BEB M Eboso
245 words in judgment
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The bottom line

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A Kenyan land court let late-filed legal arguments stand but barred new evidence filed against its direct orders.

What this practically means

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Executive summary

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This is an ex-tempore ruling by B M Eboso, ELC Judge, at Meru, delivered on 9th June 2026, in an unspecified land dispute between an applicant and respondents. Two interlocutory concerns were addressed. First, the respondents had been given 7 days to file and serve supplementary affidavit and written submissions, and the applicant sought to have their submissions struck out. The court declined, holding that in the context of a land dispute it would be draconian to strike out the submissions at that point; instead it gave the applicant 10 days to file and serve rejoinder submissions should need arise. Second, the applicant objected to new evidence introduced through the respondents' supplementary affidavit. The court noted that it had earlier given a firm direction that no new evidence be introduced - a direction necessitated because the applicant himself had introduced new evidence through his own supplementary affidavit. Although the applicant failed to identify the specific paragraphs to be struck out, the court held that any new evidence introduced through the respondents' supplementary affidavit does not form part of their evidence, and ordered accordingly. The net effect was partially in favour of each side: the respondents' submissions survived, but their new evidence was neutralised. No authorities or statutes were cited, and no costs order appears in the extract.

Questions the Court framed

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

  1. 1.Whether the respondents' written submissions, filed out of the directed timeline, should be struck out
  2. 2.Whether new evidence introduced through the respondents' supplementary affidavit should be expunged

Key legal issues

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01

Whether late-filed submissions should be struck out

Holding

The court declined to strike out the submissions, instead allowing the applicant time to file rejoinder submissions

Reasoning

The court weighed the nature of the dispute (a land dispute) and the prejudice to the applicant, holding that striking out the respondents' submissions at that point would be draconian. It preferred a case-management solution: giving the applicant 10 days to file and serve rejoinder submissions should need arise, thereby curing any prejudice.

p. 1
02

Effect of new evidence introduced contrary to the court's direction

Holding

Any new evidence introduced through the respondents' supplementary affidavit does not form part of their evidence

Reasoning

The court had firmly directed that no new evidence be introduced, a direction made necessary because the applicant himself had introduced new evidence through a supplementary affidavit. Although the applicant failed to identify the specific offending paragraphs, the court neutralised the new material by declaring that it does not form part of the respondents' evidence.

p. 2

Legal principles established

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  • New evidence introduced contrary to a firm direction that no new evidence be introduced forms no part of a party's evidence
  • Where a party has introduced new evidence through a supplementary affidavit, the court may direct that the opposing side not introduce further new evidence
  • Striking out submissions for late filing may be draconian where the opposing party can be given time to respond

Court orders

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  1. 1.The respondents' submissions were not struck out; the respondents were given 10 days to file and serve rejoinder submissions for the applicant should need arise
  2. 2.Any new evidence introduced through the respondents' supplementary affidavit does not form part of their evidence

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
not stated in the extract; the court exercises its case-management directions powers in a land dispute before the Environment and Land Court

Relief refused

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Striking out of the respondents' submissions for non-compliance with the timeline

The court held it would be draconian in the circumstances of the land dispute

p. 1

Identification and striking out of specific paragraphs of the supplementary affidavit

The applicant did not identify the specific paragraphs to be struck out, though the court still neutralised the new evidence

p. 2

Costs

No costs order made in the extract

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 court takes the view that it would be draconian to strike out the submissions of the respondents at this point
p. 1case management - striking out late submissions
The view of the court is that the applicant should be given reasonable time to file and serve rejoinder submissions should need arise
p. 1curial relief for late filing
any new evidence introduced through the respondent’s supplementary afidavit does not form part of their evidence. It is so ordered.
p. 2final order - expungement of new evidence introduced contrary to direction

Issues in the judgment

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minor

The judgment is dated 9th June 2026, a future date, which may be a typographical error for 2025

material

The extract does not state the case number, party names or the cause in which the ruling was made

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, "Kirera v M’mwongo & 4 others (Land Case Appeal E099 of 2025) [2026] KEELC 3685 (KLR)", Case Analysis (2026). not_stated_in_extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3685/eng@2026-06-09

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