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ELCAllowednot_stated_in_extract· [2026] KEELC 460 (KLR)
Simandi Investments Limited v Macharia & 2 others; Bwomanwa, Chairman, National Land Commission & another (Intended Contemnors) (Environment and Land Case 1035 of 2016) [2026] KEELC 460 (KLR)
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#What this practically means
#Executive summary
#This is a short interlocutory ruling by the Environment and Land Court at Nairobi, delivered virtually by Mohammed N. Kullow, Judge, on 27 January 2026. The court determined an oral application by the plaintiff seeking admission of a sale agreement into evidence, to which the defendants objected. The judge took into account Section 35 of the Evidence Act, which governs the admissibility of documentary evidence as to facts in issue in civil proceedings, setting out the conditions that the maker of the statement must have had personal knowledge of the matters dealt with, or have recorded information supplied by a person with such knowledge, and that the maker be called as a witness, subject to exceptions where attendance cannot reasonably be procured. Applying that provision, the court held that it would be in the interest of justice to admit the sale agreement. It further reasoned that the admission would not prejudice the defendants, who would be afforded an opportunity to cross-examine any parties seeking to rely on the document. The court accordingly allowed the document on record and ordered accordingly. The ruling does not determine the substantive suit, and no costs order was made. Counsel appearing were Mr. Arundah for the plaintiff and Mr. Brian Okoth (and Mr. Okoth for Odoro) for the 1st and 2nd defendants respectively, with Philomena W. as court assistant.
Key legal issues
#01
Admissibility of a sale agreement as documentary evidence in civil proceedings
Holding
The sale agreement was admitted on record in the interest of justice under Section 35 of the Evidence Act.
Reasoning
The court considered Section 35 of the Evidence Act, which admits statements in documents tending to establish a fact in issue where the maker had personal knowledge or recorded information supplied by a person with personal knowledge, and is called as a witness or falls within the proviso. Balancing this with fairness, the judge found the defendants would suffer no prejudice since they could cross-examine any party relying on the document.
p. 2
Legal principles established
#- A document may be admitted where its admission serves the interest of justice, with the opposing party retaining the right to cross-examine those relying on it.
Court orders
#- 1.The sale agreement is admitted on record
- 2.It is so ordered
- Jurisdiction invoked
- Original civil jurisdiction; ruling on admissibility of documentary evidence under Section 35 of the Evidence Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Simandi Investments Limited v Macharia & 2 others; Bwomanwa, Chairman, National Land Commission & another (Intended Contemnors) (Environment and Land Case 1035 of 2016) [2026] KEELC 460 (KLR)", Case Analysis (2026). not_stated_in_extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/460/eng@2026-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.