Uathimo Farm Limited & another v Attorney General & 6 others & 10 others [2021] KEELC 3698 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you don't need to testify in person for a fair hearing—well-prepared sworn affidavits carry equal legal weight.
What this practically means
#Executive summary
#Key legal issues
#Whether disposal of a petition by written submissions without viva voce evidence violates the right to a fair hearing
It does not; affidavit evidence is on the same pedestal as oral evidence and oral hearing is not an integral part of fair hearing save in exceptional circumstances
Relying on Court of Appeal authority in Daniel Kibet Mutai and Kibos Distillers, the court held that sworn affidavit evidence is legally admissible and equal to oral testimony. A right to be heard is not exclusively a right to be heard orally. The Applicant failed to show exceptional circumstances, did not identify the evidence it would give, and never disclosed witnesses for cross-examination as required by Rule 20(4).
Whether the Applicant satisfied Rule 20(4) requirements to warrant oral evidence
No; the Applicant did not disclose the witnesses it sought to tender for cross-examination
The court noted the Applicant had been at liberty since 18th July 2019 to file a supplementary affidavit, was represented and served on the day directions issued, and failed to identify the nature of the evidence or witnesses it wished to call. Absent such disclosure, no miscarriage of justice arose from proceeding by affidavit evidence and submissions.
Legal principles established
#- Affidavit evidence occupies the same place as oral evidence in constitutional petitions and denial of oral hearing is not per se a breach of fair hearing
Court orders
#- 1.The application dated 20th July, 2020 is dismissed
- 2.Costs shall abide the outcome of the Petition
- Jurisdiction invoked
- Rule 20(3) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Uathimo Farm Limited & another v Attorney General & 6 others & 10 others [2021] KEELC 3698 (KLR)", Case Analysis (2021). Not stated in the judgment (Petition dated prior to 24th October 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3698/eng@2021-04-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.