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ELCAllowedEnvironment & Land Case 264 of 2019· [2022] KEELC 12757 (KLR)

Kenya Pipeline Company Limited v Judiciary of Kenya & 2 others

Environment and Land Court
29 September 2022
1,069 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court allowed Kenya Pipeline to re-open its case and recall a witness, confirming courts prioritise substantive justice over strict procedure.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Nairobi (E. K. Wabwoto, J) on a notice of motion dated May 30, 2022 by Kenya Pipeline Company Limited, the plaintiff, against the Judiciary of Kenya, the National Land Commission and the Attorney General. The plaintiff, whose case had been heard and closed on March 2, 2022, sought leave to file and serve a supplementary list of documents, an order re-opening its case to adduce additional documentary evidence, and leave to recall its witness for further examination in chief, cross-examination and re-examination. The application, served on the defendants and unopposed, was supported by submissions relying on Odoyo Osodo v Rael Obara Ojuok and Victoria Naiyanoi Kiminta v Gladys Kiminta Prinsloo. The court framed a single issue: whether the plaintiff had proven sufficient grounds to re-open its case. Relying on Order 18 rules 1 and 10 of the Civil Procedure Rules, section 146(4) of the Evidence Act, Halsbury's Laws of England on discovery, Pinnacle Projects Limited v Presbyterian Church of East Africa and the Court of Appeal decision in Standard Chartered Financial Services v Manchester Outfitters, the court held that substantive justice under Article 159(2)(d) and fair-hearing rights favoured re-opening, and that the defendants would not be prejudiced since the application predated their hearing. The application was allowed in full, with no orders as to costs.

Key legal issues

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01

Whether the plaintiff's case should be re-opened to admit additional documentary evidence and recall its witness

Holding

The application was allowed; the court found sufficient grounds to re-open the plaintiff's case, granting leave to file a supplementary list of documents and recall the witness.

Reasoning

Order 18 rule 10 of the Civil Procedure Rules and section 146(4) of the Evidence Act permit recall of a witness at any stage. The application was filed before the defendants' hearing, so defendants would not be prejudiced. Substantive justice under Article 159(2)(d) and the fair-hearing rights in Article 50 favour admission of the evidence. The plaintiff's offer to bear costs showed clean hands.

p. 3

Legal principles established

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  • The court has discretion at any stage of the suit to recall a witness and to re-open a case where the interests of justice and substantive justice so require, provided the other side is not prejudiced.

Court orders

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  1. 1.The plaintiff is granted leave to file and serve a supplementary list of documents within 7 days of delivery of the ruling
  2. 2.The plaintiff's case is re-opened strictly for the purposes of adducing additional documentary evidence
  3. 3.The plaintiff is granted leave to recall their witness for further examination in chief, further cross-examination and re-examination for the purposes of adducing additional documentary evidence
  4. 4.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 18, rule 1
  • Civil Procedure RulesOrder 18, rule 10
  • Evidence ActSection 146(4)
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 50

Cases cited (4)

  • Odoyo Osodo v Rael Obara Ojuok & 4 others
    (2017) eKLR

    Interests of justice as primary consideration in re-opening a case

  • Victoria Naiyanoi Kiminta v Gladys Kiminta Prinsloo
    [2019]

    Inability to obtain evidence in good time and impact of documents on the case

  • Pinnacle Projects Limited v Presbyterian Church of East Africa, Ngong Parish & Another
    (2019) eKLR

    Duty to deliver substantive justice; fair trial rights apply in civil cases

  • Standard Chartered Financial Services Limited & 2 others v Manchester Outfitters (Suiting Division) Limited (Now Known as King Woollen Mills Limited & 2 others
    [2016] eKLR

    Discretionary powers of the court in determining to re-open a case

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; Civil Procedure Rules Order 18 and Article 159(2)(d) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Pipeline Company Limited v Judiciary of Kenya & 2 others", Case Analysis (2022). Environment & Land Case 264 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12757/eng@2022-09-29

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