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Supreme CourtPartially AllowedPETITION (APPLICATION) NO. E015 OF 2025

Attorney General on behalf of the Cabinet Secretary, Ministry of Interior and Coordination of National Government v Nguruman Limited

Supreme Court of Kenya
15 May 2026
1,600 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Court let part of the government's late filing stand but struck out a second response filed without permission.

What this practically means

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The Attorney General asked the Supreme Court to fix a late response to a cross appeal. The Court said a mixed application is not automatically thrown out; it can split the requests and keep the valid part. The government got leave to amend its first response within seven days. A second response filed late without leave was struck out as invalid. Costs will follow the final appeal result.

Executive summary

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This was an application by the Attorney General (applicant) in SC Petition No. E015 of 2025 seeking extension of time or leave to amend its response to a cross appeal . The respondent objected that the motion was omnibus and fatally defective . The Court (Koome CJ and 5 SCJJ) held that omnibus motions are not automatically struck out; invoking Section 3A inherent jurisdiction, it severed single-Judge reliefs and sustained the motion before the six-judge bench . The prayer to set aside Deputy Registrar's directions was not pronounced upon, and urgency was overtaken . The Court granted the alternative prayer: leave to amend the first response within 7 days, and struck out the second response filed out of time as a nullity per Salat . The motion was thus partially allowed . Costs abide outcome of appeal . Binding propositions: out-of-time filings without leave are nullities; omnibus motions may be severed and sustained via inherent jurisdiction .

Questions the Court framed

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

  1. 1.Whether the omnibus motion is fatally defective and should be struck out
  2. 2.Whether the applicant should be granted extension of time or leave to amend its response to the cross appeal

Key legal issues

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01

Whether an omnibus motion is fatally defective and should be struck out

Holding

An omnibus motion is not automatically struck out; court may sever reliefs and sustain motion via inherent jurisdiction under Section 3A.

Reasoning

The Court observed that omnibus applications seek reliefs under different benches. Rather than strike out, it invoked Section 3A to sever single-Judge reliefs from bench reliefs, sustaining the motion. This avoids injustice and handles jurisdiction appropriately on case-by-case basis.

02

Whether leave to amend out-of-time response is appropriate

Holding

Leave to amend first response granted; second out-of-time response struck out as nullity.

Reasoning

Respondent did not oppose amendment. Court found Rule 17A suited amendment. Second response filed out of time without leave is nullity per Salat case and struck out. Alternative prayer granted within 7 days.

Legal principles established

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  • A court response filed out of time without leave is a nullity and must be struck out.
  • An omnibus application is not automatically struck out for seeking reliefs under different benches.
  • The Supreme Court may use inherent jurisdiction under Section 3A to sustain a motion by severing reliefs.
  • Single-Judge reliefs can be separated from six-Judge Bench reliefs within one omnibus motion.
  • Leave to amend a response may be granted where the other side does not oppose.
  • Costs of a preliminary motion can abide the outcome of the main appeal.

Court orders

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  1. 1.Motion dated 15th August 2025 allowed to extent that applicant's alternative prayer granted
  2. 2.Applicant granted leave to amend its response dated 16th May 2025 and filed on 21st May 2025 within seven days of ruling
  3. 3.Applicant's grounds of objection dated 16th May 2025 and filed on 30th May 2025 struck out
  4. 4.Costs of this Motion shall abide by the outcome of the appeal

The bench

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

Martha Karambu Koome
M. K. KoomeCJ
Currently serving
majority

Wrote the judgment

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
Jurisdiction invoked
Sections 3 and 21(2) of the Supreme Court Act, Cap 9B; Rules 3, 15(2) and 31 of the Supreme Court Rules, 2020; Section 3A and 23 of the Supreme Court Act

Relief refused

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Prayer for setting aside Deputy Registrar's directions of 11th July 2025

Court severed relief for single Judge and elected not to pronounce itself on that prayer

Prayer for extension of time to file response to cross appeal (primary prayer)

Court granted alternative prayer for leave to amend instead; respondent did not oppose but amendment was better suited

Prayer for certification as urgent

Overtaken by events

Costs

The costs of this Motion shall abide by the outcome of the appeal

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.

Cognizant that our paramount duty as a Court is to do justice, we invoke our inherent jurisdiction under Section 3A of the Supreme Court to sustain the Motion as opposed to striking it out in its entirety.
Inherent jurisdiction to sustain omnibus motion

Issues in the judgment

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minorparas 1, 3

Judgment dated 15th May 2026 but references events of August/September 2025 and motion filed August 2025; also internal numbering shows '190499...' artifacts. No contradiction in legal content but date sequence acceptable. However, paragraph [1] references directions of 11th July 2025 suspending compliance pending determination of application for joinder dated 16th April 2025, while para [3] says Deputy Registrar suspended pending Notice of Motion dated 16th April 2025 seeking joinder — consistent. No material contradiction found.

Key timeline

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2025-05-16
Applicant's response and grounds of objection dated
2025-05-21
Applicant's response filed
2025-05-30
Applicant's grounds of objection filed
2025-08-15
Applicant's motion for extension or leave to amend filed
ruling date
Court partially allowed motion, struck out late response, granted 7-day amendment leave

Practical implications

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For lawyers

Manage omnibus filings carefully

When drafting omnibus motions in the Supreme Court, anticipate objection on bench-split grounds. Rely on Section 3A to sever and sustain. File amendments promptly; a late second response without leave will be struck as a nullity per Salat.

For businesses

Government filings can be fixed

If your matter involves state parties, know that late responses may be cured by amendment leave within a short window. A second out-of-time filing without court leave adds no value and will be struck out at cost risk abiding appeal.

For individuals

Late court papers risk nullity

If you file a response after the deadline without asking the court first, it is treated as nothing and removed. You may still get leave to amend an earlier paper within days if the other side does not object.

Frequently asked questions

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What happens to a late court response in Kenya?+

In Kenya, a response filed after the deadline without the court's leave is a nullity. The Supreme Court will strike it out, as confirmed in the Salat case and applied here.

Can an omnibus application be struck out in Kenya?+

No, not automatically. Kenyan courts may use inherent jurisdiction under Section 3A to split reliefs between benches and keep the valid part of the motion alive instead of striking it out.

How do I amend a response in Kenya Supreme Court?+

You can apply for leave to amend, especially if the other side does not oppose. The Court may grant a short window, such as seven days, to file the amended response under Rule 17A.

What does costs abide outcome mean in Kenya?+

It means the costs of the preliminary motion are not decided now. The losing party on the final appeal will later pay those costs as ordered by the court.

Cite this brief

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Cite this brief

Caselaw, "Attorney General on behalf of the Cabinet Secretary, Ministry of Interior and Coordination of National Government v Nguruman Limited", Case Analysis (2026). PETITION (APPLICATION) NO. E015 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kesc/2026/37/eng@2026-05-15

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