Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherLand Case No. 17 of 2014· [2018] KEELC 4047 (KLR)

Richard Toroitich v Mike K. Lelmet & 3 others [2018] KEELC 4047 (KLR)

Environment and Land Court
8 February 2018
MNMwangi Njoroge
677 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court ruled that once a lawyer consents to admit a document as evidence, that decision binds the client and cannot be instantly reversed.

What this practically means

#

Executive summary

#
This interlocutory ruling of the Environment and Land Court at Kitale (Mwangi Njoroge J) arose during the hearing of Land Case No. 17 of 2014, a suit by Richard Toroitich against the Lelmet defendants. A copy of a Standard Chartered Bank statement of account dated 31/3/2005 was tendered in the plaintiff's case. Initially marked for identification as PMF14, the document was admitted in full as P. Exhibit 4 at the express request of the defendants' counsel, Prof. Sifuna, thereby dispensing with the need to call the maker or a certificate. Seconds later, Prof. Sifuna sought to object to the admission, invoking Sections 106B and 35 of the Evidence Act (Cap 80) and Article 159 of the Constitution, and claiming fresh instructions from his client to revoke the admission. Plaintiff's counsel, Mrs. Kibe, countered that counsel had ostensible authority to bind clients, that the admission was consensual, and that review mechanisms had not been invoked. The court held the objection was made too late, that a recorded consent cannot casually be set aside, and that alleged instructions given at the bar should be treated with caution since the court could not be witness to them. The objection was dismissed and the hearing ordered to proceed. No costs order was made.

Key legal issues

#
01

Timeliness and effect of a belated objection to a document already admitted by consent

Holding

The objection was dismissed because it was made seconds after the consensual admission; a recorded consent binds the parties and cannot be withdrawn casually, and counsel's statements of authority to bind the client stand unless properly challenged

Reasoning

The court found the objection was raised after the document had already been marked P. Exhibit 4 at the request of the defendants' own counsel. Admissions by consent require proper review mechanisms to be set aside. The court also declined to act on counsel's bar statement of fresh client instructions, treating it with caution as the court could not witness such instructions.

p. 1
02

Whether counsel's instructions from the client inside the courtroom could justify revoking the admission

Holding

The court declined to treat the alleged fresh instructions as a basis for setting aside the consent, as it could not act on unverified instructions said to have been given at the bar

Reasoning

Counsel for the defendants claimed his client had instructed him in open court immediately after the admission to revoke it. The court held that it could not be a witness to such instructions and must treat that allegation with caution, reinforcing that consensual admissions on the record stand unless properly reviewed.

p. 1

Legal principles established

#
  • A document admitted in evidence by consent of counsel cannot be casually set aside immediately after admission; the proper route is to invoke the court's review mechanisms

Court orders

#
  1. 1.Dismissal of the defendants' objection to the admission of the bank statement as P. Exhibit 4
  2. 2.That the hearing do proceed
Jurisdiction invoked
Environment and Land Court, Land Case No. 17 of 2014 (original civil suit)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Richard Toroitich v Mike K. Lelmet & 3 others [2018] KEELC 4047 (KLR)", Case Analysis (2018). Land Case No. 17 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4047/eng@2018-02-08

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