Runo & another v Runo
The bottom line
#Kenya's Court of Appeal refused to hear new evidence that a family simply forgot to file earlier, confirming negligence never justifies late evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants satisfied the threshold for adducing additional evidence on appeal
The threshold was not met; the will was always available and its omission was due to negligence, which cannot be visited on the opposing party.
The court applied the settled guidelines from Chege v Chege and the Supreme Court's decision in Mohamed Abdi Mahamud: evidence must not be obtainable by reasonable diligence earlier, must probably have had an important influence on the result, and must be credible. The applicants failed the first limb because the will was in their possession but never filed, an omission attributable to their advocate's negligence. Their failure to attach the ELC judgment also prevented the court from assessing the will's effect on the proceedings below.
Legal principles established
#- Additional evidence on appeal is allowed sparingly, on a case-by-case basis, and only where it could not have been obtained by reasonable diligence, would probably have had an important influence on the result, and is credible.
- Evidence omitted through a party's own negligence or that of counsel does not constitute sufficient reason to admit additional evidence on appeal.
Court orders
#- 1.The application for leave to adduce further evidence is dismissed with costs to the respondent
- On appeal from
- Environment and Land Court
- E.L.C No. 254 of 2013
- Jurisdiction invoked
- Rule 31(1)(b) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Runo & another v Runo", Case Analysis (2025). Civil Appeal (Application) E202 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2207/eng@2025-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.