Attorney General on Behalf of the Cabinet Secretary, Ministry of Interior and Coordiantion of National Government v Nguruman Limited & 2 others
The bottom line
#Supreme Court allows National Land Commission to file submissions late to ensure fair hearing.
What this practically means
#The National Land Commission wanted to challenge a request by other parties to join a case. But the Commission missed the deadline to file its written arguments. The Deputy Registrar said everyone had complied, but the Commission said it hadn't filed submissions. The Supreme Court ruled that while the Commission's lawyer should have raised the issue earlier, the court's main job is to do justice. So the court allowed the Commission to file its submissions late, and gave the other parties time to respond. This ensures all sides are heard before the court decides on the joinder request.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the directions of the Deputy Registrar dated 11th July 2025 that all parties had fully complied with directions relating to filing of responses and submissions to the joinder application were issued in error or oversight.
- 2.Whether the applicant should be allowed to file written submissions challenging the locus standi of the proposed interested parties.
Key legal issues
#Whether the Deputy Registrar's directions of 11th July 2025 that parties had fully complied with filing responses and submissions to the joinder application were issued in error.
The directions were not issued in error by the Deputy Registrar; the applicant's counsel bore responsibility for not objecting or seeking leave to file submissions on 11th July 2025.
The court reviewed the proceedings of 16th June 2025 and 11th July 2025. On 16th June, the applicant's counsel experienced internet issues and may not have heard the compliance direction, but on 11th July, counsel was present and did not object when the Deputy Registrar reiterated full compliance. The court found the error could not be placed on the Deputy Registrar, as the applicant's counsel failed to point out the correct position or seek indulgence.
Whether the applicant should be allowed to file written submissions to the joinder application despite the earlier directions of full compliance.
Yes, the applicant should be allowed to file written submissions to ensure a comprehensive hearing and substantive justice.
The court balanced the procedural default against its duty to dispense substantive justice. It noted that permitting the applicant to file submissions would not prejudice the proposed interested parties, as they would have an opportunity to respond. The court set aside the earlier compliance directions and granted the applicant 7 days to file submissions.
Legal principles established
#- A party must promptly point out errors in court directions or seek leave to file documents.
- The court's duty to dispense substantive justice can override procedural compliance.
- Allowing late submissions does not prejudice other parties if they have a chance to respond.
- The Deputy Registrar's directions can be reviewed if based on incomplete information.
- Costs of an interlocutory application are determined by the outcome of the main application.
Court orders
#- 1.The directions of the Hon. Deputy Registrar dated 11th July 2025 to the effect that all the parties had fully complied with the directions relating to filing of responses and submissions to the Notice of Motion dated 16th April, 2025 by the proposed interested parties is hereby set aside.
- 2.The applicant shall file and serve written submissions with respect to the Notice of Motion dated 16th April, 2025 within 7 days of the date of this ruling.
- 3.The proposed interested parties are at liberty to file and serve further submissions in response thereto within 7 days from the date of service.
- 4.No further pleadings shall be filed by the parties in relation to the Notice of Motion dated 16th April, 2025.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Section 11 of the Supreme Court Act, Cap 9B; Section 23(2)(e) of the Supreme Court Act; Rule 6(2) of the Supreme Court Rules
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.
The Notice of Motion dated 18th July 2025 and filed on 30th July 2025 is allowed in the following terms: a. The directions of the Hon. Deputy Registrar dated 11th July 2025 to the effect that all the parties had fully complied with the directions relating to filing of responses and submissions to the Notice of Motion dated 16th April, 2025 by the proposed interested parties is hereby set aside.
Costs shall abide by the outcome of the Notice of Motion dated 16th April, 2025.
Key timeline
#Practical implications
#Procedural vigilance and court discretion
Lawyers must actively monitor compliance directions and immediately object if their client has not filed required documents. The court may allow late filings to ensure substantive justice, but counsel should not rely on this discretion; they should seek leave promptly to avoid procedural setbacks and ensure their client's position is fully heard. This case highlights the importance of being vigilant during proceedings.
Litigation participation and deadlines
Businesses involved in court cases should ensure their legal representatives attend hearings fully prepared and raise any issues immediately. Delays in filing submissions can be remedied if the court finds it necessary for a fair hearing, but it is not guaranteed and may affect case strategy. Businesses should work closely with their lawyers to meet all deadlines and avoid unnecessary complications.
Right to be heard in court
Individuals have a right to present their arguments in court. Even if you miss a deadline, the court may still allow you to file submissions if it ensures a fair outcome. However, you must act promptly and explain the delay to the court. This ruling shows that courts prioritize hearing all sides before making decisions.
Frequently asked questions
#What happens if I miss a court deadline in Kenya?+
If you miss a court deadline, you can ask the court for permission to file late. The court will consider whether allowing late filing is fair to all parties and serves the interests of justice. It is best to act quickly and explain the reason for the delay. The court may grant an extension if it ensures a fair hearing.
Can the Supreme Court of Kenya allow late filing of submissions?+
Yes, the Supreme Court can allow late filing of submissions if it believes doing so will ensure a fair hearing and substantive justice. The court balances procedural rules with the need to hear all sides before making a decision. This was demonstrated in the Attorney General v. National Land Commission case.
What is a joinder application in Kenya?+
A joinder application is a request to add a new party to an existing court case. The new party must have an interest in the case's subject matter. The court decides whether to allow the joinder based on whether it is necessary for the just resolution of the dispute. It helps ensure all relevant parties are involved.
How does the court ensure fair hearing in Kenya?+
The court ensures fair hearing by giving all parties an opportunity to present their case, respond to arguments, and file necessary documents. Even if deadlines are missed, the court may allow late filings to ensure no party is unfairly disadvantaged. The court's primary duty is to dispense substantive justice.
Cite this brief
#Cite this brief
Caselaw, "Attorney General on Behalf of the Cabinet Secretary, Ministry of Interior and Coordiantion of National Government v Nguruman Limited & 2 others", Case Analysis (2026). Petition (Application) E015 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/22/eng@2026-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.