Republic v National Land Commission & 2 others; Kamasas Farmers Co-operative Society (Interested Party); Eastern Produce Kenya Limited (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E001 of 2023) [2025] KEELC 6210 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed late-filed court submissions, confirming that procedural deadlines should not block a party's right to a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether out-of-time submissions should be admitted
The applicant gave a satisfactory explanation for the delay and has an unlimited right to fair hearing; the submissions filed 26th September 2024 are deemed properly filed
The court noted that following the introduction of the overriding objective and Article 159(2)(d), justice must not be sacrificed on the altar of procedural technicality. It invoked sections 3 and 19 of the Environment and Land Court Act and Articles 48, 50(1) and 25(c) on access to justice and fair hearing. The delay was attributed to counsel's involvement in a three-Judge matter at Iten and e-filing challenges, and the court found this explanation satisfactory, exercising its discretion in favour of admission.
Legal principles established
#- Courts should sustain rather than strike out pleadings or matters on purely technical grounds, per the overriding objective and Article 159(2)(d)
- The right to be heard before an adverse decision is a fundamental right permeating the justice system
Court orders
#- 1.The submissions filed on 26th September 2024 by the respondent/applicant are deemed as properly filed
- 2.Costs in the cause
- Jurisdiction invoked
- Sections 3 and 19 of the Environment and Land Court Act 2015; Articles 159(2)(d) and (e), 48, 50(1) and 25(c) of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 2 others; Kamasas Farmers Co-operative Society (Interested Party); Eastern Produce Kenya Limited (Ex parte Applicant) (Environment and Land Civil Miscellaneous Application E001 of 2023) [2025] KEELC 6210 (KLR)", Case Analysis (2025). Notice of Motion dated 8th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6210/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.