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ELCAllowednot stated in extract· [2025] KEELC 1230 (KLR)

Onyango v Lessonet & another (Environment & Land Case E002 of 2020) [2025] KEELC 1230 (KLR)

Environment and Land Court
13 March 2025
AOA. O. Ombwayo
739 words in judgment
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The bottom line

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A Kenyan court allowed late filing of documents obtained from a criminal case, ruling no prejudice arises when the opposing party hasn't yet testified.

What this practically means

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Executive summary

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This ruling by A. O. Ombwayo J of the Environment and Land Court determined an application by Albert Kipkosgei Lessonet, the applicant/defendant, seeking leave to file and immediately serve a further list of documents to be produced as exhibits in support of his case, with the list deemed properly filed and on record ahead of a hearing scheduled for 13th February 2025. The applicant explained that the documents had recently come into his possession, having been supplied by the office of the Director of Public Prosecutions in a related criminal matter before the Nakuru Chief Magistrate's Court in which he is an accused and the respondent (the plaintiff in the suit) is listed as a state witness. He argued the documents were not available when pleadings were filed, that the plaintiff already knew their contents, and that no prejudice would ensue. The plaintiff opposed via a replying affidavit sworn on 20th February 2025, alleging laches and noting pleadings closed on 19th July 2023, and that no convincing reasons were given for the late filing. The court allowed the application, holding that the documents, if properly produced, would assist it to make an informed decision; that the documents being public documents, the defendant must produce certified copies; and that the plaintiff, who has not yet testified, suffers no prejudice. The lists were to be filed and served within 10 days, the suit set for hearing on 30th June 2025, with costs in the cause.

Key legal issues

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01

Whether leave should issue for filing a further list of documents shortly before hearing

Holding

Leave granted; the documents were recently obtained from the DPP's office in a related criminal case, are useful to the court, and the plaintiff suffers no prejudice as it has not yet testified

Reasoning

The court weighed the expediency of the application, the recent receipt of the documents from the ODPP in a related criminal matter before the Nakuru Chief Magistrate's Court, their usefulness to the just determination of the dispute, and the absence of prejudice since the plaintiff had not testified and would have opportunity to respond and cross-examine. Authenticity doubts were addressed by directing production of certified copies of the public documents.

p. 2

Legal principles established

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  • Where documents are public documents, they must be produced as certified copies
  • Late filing of documents may be allowed where the documents were not in the party's possession earlier, would assist the court, and cause no prejudice to the opposing party who has not testified

Court orders

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  1. 1.Leave granted to the applicant to file a further/supplementary list of documents
  2. 2.The proper list of documents to be filed and served within 10 days
  3. 3.The plaintiff at liberty to file a supplementary list of documents within 10 days
  4. 4.Hearing of the suit on June 30, 2025
  5. 5.Costs in the cause
  6. 6.The defendant shall be required to produce certified copies of the public documents
Jurisdiction invoked
Inherent jurisdiction of the court to regulate filing and production of documents in an pending suit (no specific constitutional/statutory provision cited)

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, "Onyango v Lessonet & another (Environment & Land Case E002 of 2020) [2025] KEELC 1230 (KLR)", Case Analysis (2025). not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1230/eng@2025-03-13

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