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ELCAllowed· [2025] KEELC 7608 (KLR)
Gospel Sanctuary Ministry v Mwaura (Environment and Land Case 37 of 2022) [2025] KEELC 7608 (KLR)
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·~8 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#In an interlocutory ruling delivered at Thika on 4 November 2025, Mogeni J of the Environment and Land Court allowed an oral application by the Plaintiff, made mid-trial after the Plaintiff's first witness had testified, for leave to file a Supplementary Affidavit and Supplementary List and Bundle of Documents. The Defendant opposed, contending the documents were an afterthought intended to fill gaps exposed in cross-examination and that litigation cannot be done piecemeal. The court framed the sole issue as whether the applicants had met the threshold for the exercise of discretion. It examined Order 3 Rule 2 and Order 7 Rule 5 of the Civil Procedure Rules, which allow documents to be furnished with leave, and applied the overriding objective under Sections 1A, 1B and 3A of the Civil Procedure Act and Section 3 of the Environment and Land Court Act, guided by Article 159(2)(d) of the Constitution. Relying on Johana Kipkemei Too v Hellen Tum, Anne Mumbi Hinga v Gaitho Oil Limited and Steven Kariuki v George Mike Wanjohi, the court held that rules of procedure are handmaidens of justice and that additional evidence may be admitted where no undue prejudice results. Since the Plaintiff had not closed its case and the Defence had not begun, the Defendant would have ample opportunity to cross-examine and respond, so no prejudice was established. Leave was granted on strict timelines, with documents filed after 17 November 2025 to stand automatically expunged. Costs of the application were awarded to the Defendant; a mention was set for 25 February 2026. The underlying Originating Summons seeks a declaration that the Plaintiff, as purchaser for value, has acquired title to Kiambaa/Kihara/4083 and an injunction against the Defendant.
Key legal issues
#01
Whether the threshold for leave to file a supplementary affidavit and supplementary documents mid-trial was met
Holding
Leave granted because the plaintiff had not closed its case, the defence had not commenced, and no prejudice would be caused to the defendant who retains full rights of cross-examination and response.
Reasoning
The court applied Order 3 Rule 2 and Order 7 Rule 5 of the Civil Procedure Rules, which permit written statements and documents to be furnished with leave of the court. Guided by Article 159(2)(d), Sections 1A, 1B and 3A of the Civil Procedure Act and Section 3 of the ELC Act, the court weighed the stage of proceedings and held that prejudice increases as trial progresses, but here the trial was at an early stage. The defendant could cross-examine, recall witnesses and file additional documents in response.
p. 4
Legal principles established
#- A party may be permitted to introduce additional evidence outside the time frames in the rules where it can be adduced without undue prejudice to the other party, guided by Article 159(2)(d)
- The court cannot prevent a plaintiff from stating its case while its case remains open, the only limitation being prejudice to the opposing party
Court orders
#- 1.The Supplementary List of Documents by the Plaintiff is allowed
- 2.The Defendants will have the costs of the oral application
- 3.Filing and exchange of the Supplementary List to be done within seven (7) days from the date of the ruling
- 4.Any documents filed after 17/11/2025 shall stand automatically expunged from the Court record
- 5.Mention to confirm filing and exchange of the documents on 25/02/2026
- Jurisdiction invoked
- Inherent power under Section 3A of the Civil Procedure Act and Article 159(2)(d) of the Constitution; overriding objective under Section 3 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gospel Sanctuary Ministry v Mwaura (Environment and Land Case 37 of 2022) [2025] KEELC 7608 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7608/eng@2025-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.