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ELCOtherNot stated in extract· [2024] KEELC 6245 (KLR)

Ruling on 4th Defendant's Application to Call a Witness for Cross-Examination and Adjournment

Environment and Land Court
17 September 2024
LMLUCY N. MBUGUA
248 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled a party cannot call a witness it never disclosed at pretrial by piggybacking on another party's summons.

What this practically means

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Executive summary

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This short ruling by the Environment and Land Court, Nairobi (Lucy N. Mbugua, J) resolves an application by the 4th defendant to call 'a certain witness' for cross examination and to adjourn the trial. The court reviewed the record: at pretrial on 9.3.2023 parties were directed to file paginated trial bundles containing witness statements and documents, and the 4th defendant at no point identified any witness it wished to call. The Deputy County Commissioner had been summoned at the request of the 1st – 3rd defendants; on 13.7.2023 they reported he did not comply, the summons issue was revisited on 23.10.2023, and on 15.5.2024 the court declined a further adjournment and closed the 1st – 3rd defendants' case. The court held that the 4th defendant could not 'ride on' a summons requested by different parties as a basis to call its own witness for cross examination, and declined the adjournment. No costs order was made and no authorities were cited. The ruling underscores the binding effect of pretrial directions on the identification of witnesses and discourages late attempts to introduce witnesses not disclosed at pretrial.

Key legal issues

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01

Entitlement of the 4th defendant to call a witness for cross examination

Holding

Refused; the 4th defendant identified no witness at pretrial and could not piggyback on the 1st – 3rd defendants' summons

Reasoning

At pretrial on 9.3.2023 each party was directed to file paginated trial bundles with witness statements and documents, and the 4th defendant identified no witness. The summons for the Deputy County Commissioner belonged to the 1st – 3rd defendants, whose case was closed on 15.5.2024 when the court declined a further adjournment. The 4th defendant therefore had no independent basis to summon or call a witness.

p. 1
02

Whether to adjourn the case

Holding

Adjournment declined

Reasoning

The court found no basis for the application, noting that the witness summoned was for the 1st – 3rd defendants and that the matter had already been revisited on multiple dates (23.10.2023 and 15.5.2024) before their case was closed. Adjournment would serve no legitimate purpose for the 4th defendant.

p. 2

Legal principles established

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  • A party who failed to identify a witness at pretrial cannot rely on another party's summons to introduce a witness for cross examination

Court orders

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  1. 1.Declined to adjourn the case
  2. 2.Case to proceed without the witness sought by the 4th defendant
Jurisdiction invoked
First-instance trial jurisdiction of the Environment and Land Court (provision not stated in the ruling)

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, "Ruling on 4th Defendant's Application to Call a Witness for Cross-Examination and Adjournment", Case Analysis (2024). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6245/eng@2024-09-17

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