Kirera v M’mwongo & 4 others (Land Case Appeal E099 of 2025) [2026] KEELC 3685 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEELC 3685 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU LAND CASE APPEAL E099 OF 2025 BM EBOSO, J JUNE 9, 2026 BETWEEN JACOB KIBITI KIRERA ........................................................................ APPELLANT AND FREDRICK KINOTI M’MWONGO ........................................... 1ST RESPONDENT STEPHEN LUMBWA .................................................................... 2ND RESPONDENT PETER GITUMA MAINGI .......................................................... 3RD RESPONDENT ROSEMARY KATHAMBI ............................................................ 4TH RESPONDENT AND STANLEY KIOGORA ARTHUR ........................................... INTERESTED PARTY RULING (Ex-tempore) 1. The court has considered the concern of the applicant. It is true that the respondents were given 7 days within which to file and serve their supplementary afidavit and written submissions. Taking into account the nature of the dispute that this court is dealing with [land dispute] the court takes the view that it would be draconian to strike out the submissions of the respondents at this point. The view of the court is that the applicant should be given reasonable time to file and serve rejoinder submissions should need arise. In the circumstances, the respondent is hereby given 10 days to do so. 2. On the issue of introduction of new evidence in the supplementary afidavit, the directions of the court were that no new evidence was to be introduced. The court gave that firm direction because the applicant had introduced new evidence through his supplementary afidavit. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3685/eng@2026-06-09 1
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3. Regrettably, the applicant has raised the issue of new evidence but has not identified the specific paragraphs which should be struck out. Notwithstanding the above omission, the position of the court is that any new evidence introduced through the respondent’s supplementary afidavit does not form part of their evidence. It is so ordered. DATED, SIGNED AND DELIVERED AT MERU THIS 9TH DAY OF JUNE, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Mugambi for the Respondents. Mr Otieno C for the Applicant. Court Assistant – Mr. E. Tupet. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3685/eng@2026-06-09 2
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