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ELCAllowedNot stated in the judgment· [2026] KEELC 788 (KLR)

Mbogo v Samuel & another (Environment and Land Appeal E018 of 2025) [2026] KEELC 788 (KLR)

Environment and Land Court
11 February 2026
BEB M Eboso
351 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed you can amend any court application, not just pleadings, though the amending party pays costs.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court delivered virtually by B M Eboso, ELC Judge, on 11 February 2026. The appellant's application dated 16/12/2025 was listed for hearing, but the appellant, not being ready, sought an adjournment and orally applied for leave to amend the application. The respondents opposed, submitting that an application is not a proper pleading for amendment, and asked for the day's costs. The court considered its jurisdiction under Order 8 rule 5(1) of the Civil Procedure Rules, which permits the court, on application or of its own motion, to order any document to be amended as it directs and on just terms as to costs. Holding that the words 'any document' encompass interlocutory and post-disposal applications as well as principal pleadings, the court ruled that an application can properly be amended. Finding no proper basis to deny leave, and satisfied the respondent could be indemnified through costs, the court granted leave to amend the application dated 16/12/2025 and adjourned the hearing on the ground of the intended amendment. The appellant was ordered to pay the respondent's advocate's costs of the day, assessed at Kshs 3,000/=, payable within 30 days.

Key legal issues

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01

Whether an application is a proper pleading for amendment

Holding

An application can properly be amended under Order 8 rule 5(1) of the Civil Procedure Rules

Reasoning

The court construed Order 8 rule 5(1), which allows amendment of 'any document' to determine the real question in controversy or correct defects. It read the wide words 'any document' as covering not only principal pleadings but also interlocutory and post-disposal applications. The respondents' objection that an application is not a proper pleading for amendment therefore failed.

p. 1
02

Whether leave to amend should be granted

Holding

Leave was granted since no proper basis for denial was shown and the respondent could be indemnified by costs

Reasoning

The court found no proper basis laid to deny leave to amend at that point. It balanced the parties' positions by allowing the amendment while protecting the respondent through an award of the day's costs against the appellant, who sought the adjournment and amendment.

p. 2

Legal principles established

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  • Order 8 rule 5(1) permits amendment of any document, including interlocutory applications, not only principal pleadings

Court orders

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  1. 1.Leave to amend the application dated 16/12/2025 granted
  2. 2.Hearing adjourned on the ground that the appellant intends to amend the application
  3. 3.The appellant/applicant to pay the respondent's advocate's costs of the day, assessed at Kshs 3,000/=, payable within 30 days
Jurisdiction invoked
Order 8 rule 5(1) of the Civil Procedure Rules

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, "Mbogo v Samuel & another (Environment and Land Appeal E018 of 2025) [2026] KEELC 788 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/788/eng@2026-02-11

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