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ELCAllowedNot stated in the judgment as provided· [2025] KEELC 8331 (KLR)
Ngoma & 2 others (Suing as Chairman, Secretary & Treasurer of Vinya wa Ng’ele Self Help Group) v Mutw’iwa alias Kitheka Mutw’iwa Mung’ela (Environment and Land Case 21 of 2018) [2025] KEELC 8331 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling by Hon. E. O. Obaga, Judge, delivered on 16th October 2025 via Microsoft Teams, on a notice of motion dated 16th May 2025 in which the Plaintiff sought leave to amend its plaint to include particulars of fraud, that the draft amended plaint be deemed duly filed and served, and that costs be in the cause. The Applicant explained that its officials had filed the suit in person without legal expertise and were unaware that fraud must be specifically pleaded with particulars; having since engaged counsel, they sought to remedy the pleading. The Defendant, appearing in person, did not respond to the application itself but instead filed submissions dated 22nd August 2025 raising issues touching on the suit. In a further affidavit sworn on 3rd September 2025, the Applicant noted that the Respondent had addressed the draft amended plaint rather than the application. The court framed a single issue: whether the Applicant was entitled to leave to amend the plaint. Holding it was trite law that amendments ought to be freely given at any stage before conclusion of a case, and that the case had not been heard and the amendment would cause no prejudice to the Respondent, the court allowed the application. The amended plaint was to be filed within 7 days, the Respondent to file an amended defence within 14 days of service, and costs of the application were made costs in the cause.
Key legal issues
#01
Whether leave should be granted to amend the plaint to include particulars of fraud
Holding
Leave granted; the amendment completes the plaint and causes no prejudice to the Respondent
Reasoning
The plaint was filed by the Applicant's officials in person, without legal expertise, and they did not know that fraud must be specifically pleaded with particulars. The amendment would make the plaint complete and would not prejudice the Respondent, since the case has not yet been heard. Amendments should be freely allowed before conclusion of a case.
p. 2
Legal principles established
#- Amendments to pleadings ought to be given freely at any stage before the case is concluded, provided no prejudice is caused to the other party.
Court orders
#- 1.Leave granted to the Plaintiff to amend its plaint as shown in the draft amended plaint
- 2.The amended plaint to be filed within 7 days
- 3.The Respondent to file an amended defence within 14 days of being served with the amended plaint
- 4.Costs of the application to be in the cause
- Jurisdiction invoked
- Inherent powers of the court to permit amendment of pleadings (discretionary jurisdiction over its own suits); no specific provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngoma & 2 others (Suing as Chairman, Secretary & Treasurer of Vinya wa Ng’ele Self Help Group) v Mutw’iwa alias Kitheka Mutw’iwa Mung’ela (Environment and Land Case 21 of 2018) [2025] KEELC 8331 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8331/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.