Kariobangi South Land Owners Welfare Group & 3 others v Nairobi City County & 4 others; Kariobangi South Jua Kali Society (Interested Party) (Environment and Land Case 1337 of 2016) [2025] KEELC 8280 (KLR)
The bottom line
#A Nairobi land court refused to let a party call back its own witness, confirming Kenyan courts only allow recalls to clarify issues, not patch weak cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners were entitled to recall PW1 to testify
The application was dismissed as unmerited
Section 146 of the Evidence Act and Order 18 Rule 10 of the Civil Procedure Rules confer a discretionary power on the court to recall a witness, exercisable suo moto or on application, but sparingly and for clarification rather than gap-filling. The applicants failed to disclose the specific issues to be clarified, making the application speculative; counsel's own concession that the witness would add nothing new rendered the recall purposeless, and no material evidence necessary for a fair determination was demonstrated.
Whether a party-witness may remain in court throughout proceedings
Noted but not decisive; PW1, being a party, was eligible to remain in court
Counsel for the Petitioners argued PW1 is a party and thus eligible to remain in court despite sitting through proceedings, countering the claim of prejudice. The court did not rest its decision on this point but on the failure to identify the issues requiring clarification and the absence of any material new evidence.
Legal principles established
#- The power to recall a witness is a discretionary judicial power to be exercised sparingly and for clarifying ambiguities, not to fill gaps in a party's case
- The power to recall a witness vests in the court, not the parties
- A recall application must identify the specific issues the witness is expected to clarify; absent that it is speculative
Court orders
#- 1.The oral application to recall PW1 (Sabina Mandere) is dismissed
- 2.No order as to costs
- 3.Orders accordingly
- Jurisdiction invoked
- Article 50 of the Constitution and the court's inherent powers under Section 146 of the Evidence Act and Order 18 Rule 10 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariobangi South Land Owners Welfare Group & 3 others v Nairobi City County & 4 others; Kariobangi South Jua Kali Society (Interested Party) (Environment and Land Case 1337 of 2016) [2025] KEELC 8280 (KLR)", Case Analysis (2025). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8280/eng@2025-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.