Malaba (Suing as Administrator of the Estate of Edward Tale Nabangi) v Muganda (Enviromental and Land Originating Summons E002 of 2025) [2025] KEELC 6241 (KLR)
The bottom line
#If you suspect a document in your Kenyan case is forged, report it directly to the police — you don't need a court order first.
What this practically means
#Executive summary
#Key legal issues
#Whether the court can, under Sections 22, 1A, 1B and 3A of the Civil Procedure Act, direct the DCI to conduct a forensic examination of a disputed document
No. Section 22 contemplates orders on interrogatories, inspection, production, impounding and return of documents, not directing another arm of government to investigate for a civil litigant.
The court held that the order sought was not one ordinarily contemplated under Section 22 of the Civil Procedure Act, which concerns delivery and answering of interrogatories, inspection, production, impounding and return of documents. Directing the DCI — a department of the Kenya Police Service charged with forensic analysis — to investigate for one civil disputant would compromise the court's impartiality. A party who believes a document is forged may simply report to the police and investigations commence at the instance of a complaint.
Whether the Applicant needed a court order to have the alleged forgery investigated
No. If the Applicant believes the sale agreement is forged, he may report the matter to investigating agencies without a court order.
The Applicant denied executing the sale agreement and alleged it was spliced from two separate documents. The court held that forgery is a crime reportable to the police, and investigations commence upon a complaint by a complainant. The court, as an impartial umpire, cannot assist one party to gather evidence against the opposing party, and the Respondent conceded the Applicant was at liberty to take documents to any investigating agency without a court order.
Legal principles established
#- A civil court lacks jurisdiction to direct the Directorate of Criminal Investigations to conduct investigations or forensic examinations for a party to a civil dispute; a party alleging forgery may simply report the crime to the police without a court order.
Court orders
#- 1.The Notice of Motion dated 19th June 2025 is dismissed with costs
- Jurisdiction invoked
- Sections 22, 1A, 1B & 3A of the Civil Procedure Act (invoked by the Applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Malaba (Suing as Administrator of the Estate of Edward Tale Nabangi) v Muganda (Enviromental and Land Originating Summons E002 of 2025) [2025] KEELC 6241 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6241/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.