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ELCAllowedNot stated in the judgment· [2025] KEELC 6927 (KLR)

Ethics & Anti-Corruption Commission v Nesco Services Limited & 3 others (Environment and Land Case E211 of 2023) [2025] KEELC 6927 (KLR)

Environment and Land Court
9 October 2025
894 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed a landowner to amend her claim to add key details, reaffirming that courts freely permit honest amendments before hearing.

What this practically means

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Executive summary

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This was a ruling on the applicant's Notice of Motion dated 4/11/24 seeking leave to amend the plaint in a land dispute pending before the Environment and Land Court at Nairobi. The proposed amendment aimed to specify the acreage of the suit land, identify the public officer who issued the letter of allotment on behalf of the Commissioner of Lands, and clarify the suits pending between the parties over the land. The 1st and 2nd respondents opposed the application, contending that the court lacked jurisdiction to amend a defective plaint, that the plaint's validity was before the Court of Appeal in COA 889 of 2024, and that the suit offended sections 34 and 35 of the Advocates Act for failure to endorse the drawer of the verifying affidavit. The court framed a single issue: whether the application was merited. Applying section 100 of the Civil Procedure Act, Order 8 Rule 5 of the Civil Procedure Rules, Halsbury's Laws of England, and the Eastern Bakery v Castelino and Central Kenya Ltd v Trust Bank authorities, the court held that amendments should be freely allowed where no prejudice incapable of compensation in costs results. Finding no prejudice to the respondents, the court allowed the amendment, granted the respondents reciprocal leave of 15 days to amend their pleadings, and directed expeditious case management and hearing. On the plaint's validity, the judge exercised restraint given the pending appeal, while noting no stay of proceedings existed. Costs were awarded to the 1st and 2nd respondents.

Key legal issues

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01

Whether leave to amend the plaint should be granted

Holding

The application was allowed; the amendment to specify the acreage of the suit land, the public officer who issued the letter of allotment, and the pending suits causes no prejudice to the respondents, who were granted reciprocal leave to amend within 15 days.

Reasoning

The court applied section 100 of the Civil Procedure Act and Order 8 Rule 5, together with Halsbury's Laws of England and the Eastern Bakery and Central Kenya Ltd authorities, that amendments should be freely allowed at any stage provided no prejudice or injustice incapable of compensation in costs results. On reviewing the draft amended plaint, the judge found no prejudice to the respondents and held the amendment just to facilitate determination of the real questions in dispute. The court also exercised restraint on the plaint's validity, which was pending before the Court of Appeal in COA 889 of 2024.

p. 3
02

Whether the court should determine the validity of the plaint while an appeal thereon is pending before the Court of Appeal

Holding

The court declined to embark on the validity of the plaint, exercising restraint to avoid embarrassing the appellate court, while noting no stay of proceedings was in place.

Reasoning

The judge observed that Mr. Justice Mwangi had already extensively ruled on the validity of the plaint on 24/9/24 and that the 1st and 2nd respondents had appealed to the Court of Appeal in COA 889 of 2024. Although no stay order existed, the court held it must exercise caution and adhere to the hierarchical structure of the courts, and therefore confined itself to the amendment application.

p. 2

Legal principles established

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  • Amendments to pleadings sought before the hearing should be freely allowed if they can be made without injustice to the other side, and there is no injustice if the other side can be compensated by costs
  • The court may at any time amend any defect or error in any proceeding, and all necessary amendments shall be made for the purpose of determining the real question in controversy

Court orders

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  1. 1.The application dated 4/11/24 is hereby allowed
  2. 2.Upon service of the amended plaint, the respondents shall have corresponding leave of 15 days to amend their pleadings if so desired
  3. 3.Thereafter, parties to expediently list the matter for case management and eventual hearing on priority basis
  4. 4.Costs shall be in favour of the 1st and 2nd respondents
Jurisdiction invoked
Section 100 of the Civil Procedure Act and Order 8 Rule 5 of the Civil Procedure Rules (amendment of pleadings)

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, "Ethics & Anti-Corruption Commission v Nesco Services Limited & 3 others (Environment and Land Case E211 of 2023) [2025] KEELC 6927 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6927/eng@2025-10-09

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