Association & another v Nairobi City County & 6 others (Environment and Planning Petition E038 of 2024) [2025] KEELC 5942 (KLR)
The bottom line
#A Kenyan land court ordered respondents to produce only key planning documents, ruling applicants must prove the other side actually holds documents they demand.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners were entitled to particulars and production of documents relating to alleged approvals, permits and clearances
The application was allowed only in part; production orders were limited to documents that would ordinarily be in the Respondents' possession by the nature of the transactions in dispute.
The court applied the Supreme Court's guidance in the Odinga election petition ruling that access orders must be practical, timeous and relevant. The court noted parties should not determine relevance unilaterally, but the applicants had to show the documents were in the Respondents' possession. Documents on subdivision and densification were not directly pleaded, and the 7th Respondent denied holding them; those claims were left to a separate cause of action.
What course is open to the Petitioners for documents not ordered to be produced
The Petitioners may pursue those documents in a separate cause of action where they can prove by evidence that the Respondents hold the documents.
Because the 5th and 7th Respondents had already produced documents in support of their defence, and the remaining requests concerned matters not directly pleaded (subdivision/densification) and documents the 7th Respondent denied possessing, the court held the petition was not the proper vehicle for those requests and invited a separate suit supported by evidence of possession.
Legal principles established
#- Orders for access and supply of documents must be practical, timeous and relevant to the issues in contest, and a blanket grant of all orders sought is improper
- A party from whom production of documents is sought must first demonstrate that the documents are in that party's possession
Court orders
#- 1.1st to 4th Respondents to produce documents under paragraphs (c), (g) and (r) — Prescribed Forms Plupa/DC/1A, Plupa/DC/1G, PLUPA/DC/8 and Plupa/DC/14 relating to demolition development permission — within 30 days of the order
- 2.7th Respondent to serve the Petitioner within 30 days with the document under paragraph (u), the prescribed Form Plupa/DC/1B (Application for Development Permission) (Building Plan), with a clear date of submission to the CECM
- 3.Costs of the application to the 1st, 5th and 7th Respondents
- Jurisdiction invoked
- Inherent powers of the court; Rule 3, 20 and 21 of the Constitution of Kenya (Practice and Procedure Rules), 2013; Orders 11 and 16 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Association & another v Nairobi City County & 6 others (Environment and Planning Petition E038 of 2024) [2025] KEELC 5942 (KLR)", Case Analysis (2025). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5942/eng@2025-08-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.