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ELCDismissedNot stated in the judgment as provided· [2025] KEELC 5628 (KLR)

Seroney & 5 others v County Government of Nandi (Environment and Land Case E017 of 2024) [2025] KEELC 5628 (KLR)

Environment and Land Court
24 July 2025
GOG M A Ongondo
615 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This interlocutory ruling of the Environment and Land Court at Kapsabet, delivered by G M A Ongondo J on 24th July 2025, dealt with an objection by six applicants to the admission of a replying affidavit sworn on 23rd July 2025 by Dr Francis K. Sang, the County Secretary and Head of the County Service for the respondent. The affidavit responded to the applicants' Notice of Motion dated 5th June 2025 seeking to cite the deponent and a County Executive Committee member for contempt of orders given on 17th October 2024 and issued on 28th October 2024. The applicants complained that the affidavit was served late, outside the set timelines, and sought its expungement with the application deemed unopposed. Counsel for the respondent explained the delay on the basis that the deponent was on leave and thereafter engaged with the Senate. The court applied Order 51 and Order 50 of the Civil Procedure Rules 2010 and noted the affidavit was duly served and the explanation satisfactory. Guided by Articles 48, 50(1) and 25(c) of the Constitution and section 3 of the Environment and Land Court Act, and applying James Kanyiita Nderitu and Philip Chemwolo, the court held the right to be heard fundamental. The objection was dismissed, the affidavit admitted, the applicants granted 21 days to file a further affidavit, parties directed to comply with Order 11, and the matter set for 1st October 2025 for compliance and directions. No costs order was made.

Key legal issues

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01

Whether a replying affidavit filed and served out of the timelines set under the Civil Procedure Rules should be expunged

Holding

The objection failed. The affidavit was duly served, the explanation for the delay was satisfactory, and the ends of justice under Articles 48, 50(1) and 25(c) of the Constitution and section 3 of the Environment and Land Court Act favoured admission of the affidavit, with leave for the applicants to file a further affidavit.

Reasoning

The court noted the application was brought under Order 51 of the Civil Procedure Rules 2010 and that Order 50 governs time. It found the affidavit duly served and the explanation for the delay (the deponent being on leave and engaged with the Senate) satisfactory. Guided by the constitutional rights of access to justice and fair hearing, and the ends-of-justice provisions, the court admitted the affidavit but granted the applicants leave to reply by further affidavit within 21 days.

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Legal principles established

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  • The right to be heard is fundamental and permeates the entire justice system, and courts should be guided by the ends of justice when dealing with late-filed but duly served process

Court orders

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  1. 1.The duly served replying affidavit sworn on 23rd July 2025 is admitted as a response to the application
  2. 2.The applicant's counsel to file and serve further affidavit to the replying affidavit within 21 days from the date of the ruling
  3. 3.The parties to comply with Order 11 of the Civil Procedure Rules 2010 within the next 21 days from the date of the ruling
  4. 4.The matter set for 1st October 2025 to confirm compliance and for directions
Jurisdiction invoked
Articles 48, 50(1) and 25(c) of the Constitution of Kenya 2010 and section 3 of the Environment and Land Court Act, guided by Order 51 and Order 50 of the Civil Procedure Rules 2010

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, "Seroney & 5 others v County Government of Nandi (Environment and Land Case E017 of 2024) [2025] KEELC 5628 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5628/eng@2025-07-24

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