Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherEnvironment and Land Petition E002 of 2025

Mwangi & 3 others v Kenya National Highway Authority & another

Environment and Land Court
30 September 2026
LMLucy N. Mbugua
534 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This is an interlocutory ruling in a constitutional petition filed at the Environment and Land Court at Nanyuki by four petitioners, who sue as administrators of the estate of Ben Mwangi Kihia (deceased), against the Kenya National Highway Authority and the State Law Office. The petition, lodged with an application dated 9.6.2025, alleges violations of Articles 40, 60, 64 and 68 of the Constitution concerning land and compensation. The ruling concerns case management rather than the merits. The 1st respondent failed to meet timelines for filing its response, filing its replying affidavit on 30.9.2025, well beyond the 13.8.2025 deadline; the court nonetheless admitted the documents in the interest of justice. The respondent was then given until 13.11.2025 to file clear copies, as the initial filings were illegible, and the petition was set down for written submissions; the interlocutory application was compromised by the parties. At a mention on 22.9.2026 it emerged that the 1st respondent had still not filed its annexure 3. Petitioner's counsel urged its expungement; the respondent sought more time, alleging prejudice. Mbugua J found that over a year of indulgence was ample, questioned the deponent's reference to 'annexure GNN3' as proof of the compensation schedule, declined further time, and expunged annexure 3 from the record. No costs order was made. The substantive petition remains pending.

Questions the Court framed

#

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

  1. 1.Whether the 1st respondent should be granted more time to file/retrieve its annexure 3
  2. 2.Whether annexure 3 should be expunged from the record for non-compliance with court directions

Key legal issues

#
01

Whether to grant the 1st respondent more time to file its missing annexure

Holding

The court declined further time and expunged annexure 3, finding the respondent had had ample opportunity to comply.

Reasoning

The 1st respondent was directed on 23.7.2025 to file a response and given time to 13.8.2025, but filed out of time on 30.9.2025. The court indulged it and admitted the documents, then gave time to 13.11.2025 to file clear copies. A year later, annexure 3 remained unfiled. The court found the delay inexcusable and that expungement would not unfairly prejudice the petitioner's case; the respondent's claim of prejudice did not outweigh its persistent non-compliance.

Legal principles established

#
  • A party who fails to comply with timelines for filing documents despite indulgence cannot expect further time; non-compliant documents may be expunged.

Court orders

#
  1. 1.The 1st respondent is denied further time to avail further documents
  2. 2.Annexure 3 is expunged from the records

The bench

#

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

LM
majority

Wrote the judgment

Jurisdiction invoked
Articles 2, 19(1), 20, 22, 23, 24, 27, 40, 47, 60, 64, 68, 162(2)(b), 258(2) and 259 of the Constitution of Kenya

Relief refused

#

More time for the 1st respondent to retrieve annexure 3

The respondent had had over a year to comply with directions on filing its documents

Costs

No costs order made

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.

I find that the 1st respondent has had ample time, more than a year and counting to avail their relevant documents.
Indulgence exhausted - delay inexcusable
In that regard, I decline to grant the 1st respondent more time to avail further documents. Thus annexure 3 is expunged from the records.
p. 2Final orders - expungement

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mwangi & 3 others v Kenya National Highway Authority & another", Case Analysis (2026). Environment and Land Petition E002 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6156/eng@2026-09-30

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