Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the judgment· [2026] KECA 1332 (KLR)

Njoroge F. A. Wachira & 1 other v Lucy Watiri Muburi & 2 others

Court of Appeal of Kenya
3 July 2026
2,026 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal refused to let land dispute appellants add new evidence years after trial, confirming courts punish unexplained delays and missing due diligence.

What this practically means

#

Executive summary

#
This is a ruling of the Court of Appeal at Nyeri (ole Kantai, Lesiit and Ali-Aroni, JJA) on a notice of motion dated 25th March 2024 by the applicants, who sought leave to adduce six affidavits as additional evidence on their appeal against a decision of the Environment and Land Court in a land dispute running since 1979 over whether the suit land was ancestral land of Mwangi Mutambuki's lineage. The application, brought under rule 31(1)(b) of the Court of Appeal Rules, 2022, section 78 of the Civil Procedure Act and the Appellate Jurisdiction Act, was opposed by the respondent, who had already transferred the suit property to her name, arguing no due diligence, no demonstration of credibility or impact, and abuse of process, noting four prior failed applications before the ELC between 2018 and 2020 and the application's lateness three years after filing the appeal. The court applied the Supreme Court's threshold in Hon. Mohamed Abdi Mahamud vs. Ahmed Abdullahi Mohamed, holding that the applicants made bare assertions without demonstrating due diligence, why relatives and neighbours could not have testified at trial, credibility, or the absence of prejudice, and gave no explanation for the inordinate delay. The application was dismissed with costs to the respondent. The judgment is a single unanimous ruling of the court and binds subordinate courts on the standard of explanation required for additional-evidence applications.

Key legal issues

#
01

Whether the applicants satisfied the rule 31(1)(b) and Mohamed Abdi Mahamud threshold for admission of additional evidence on appeal

Holding

The application fails; the applicants made bare assertions without demonstrating relevance, credibility, due diligence, absence of prejudice, or an explanation for the delay.

Reasoning

The court restated the Mohamed Abdi Mahamud criteria: direct relevance, influence on the result, inability to obtain the evidence with reasonable diligence, removal of vagueness, credibility, non-voluminousness, and no patching of gaps. The applicants, who sought to introduce six affidavits from relatives and neighbours about the lineage of their patriarch Mwangi Mutambuki and whether the suit land was ancestral land, merely recited these grounds without demonstrating them. No due diligence was disclosed, the witnesses were plainly available, and the application was brought years after the appeal was filed.

p. 4

Legal principles established

#
  • A party seeking to adduce additional evidence on appeal must give a reasonable explanation, with disclosure of the due diligence exercised and why it failed, for not availing the evidence at trial; bare assertions without demonstration do not satisfy the threshold.
  • Inordinate and unexplained delay in bringing an application to adduce additional evidence on appeal is an independent ground for its refusal.

Court orders

#
  1. 1.The application dated 25th March, 2024 is dismissed
  2. 2.Costs of the application to the respondent
On appeal from
Environment and Land Court
Not stated in the judgment
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act; section 78(1)(d) of the Civil Procedure Act; rule 31(1)(b) of the Court of Appeal Rules, 2022; article 50 of the Constitution of Kenya

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Njoroge F. A. Wachira & 1 other v Lucy Watiri Muburi & 2 others", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1332/eng@2026-07-03

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