Ethics and Anti-Corruption Commission v Nesco Services Limited & 4 others (Environment and Land Case E211 of 2023) [2026] KEELC 995 (KLR)
The bottom line
#Kenya's High Court refused to strike out a late-filed amended lawsuit because a Kshs 30,000 costs award could compensate the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the Amended Plaint filed out of time should be struck out
The amended Plaint was allowed to stand despite being filed about 16 days outside the permitted period, with throwaway costs of Kshs 30,000 awarded to the Applicants.
The court accepted that the delay was prejudicial and that the Plaintiff ought to have sought an extension of time. However, applying Order 8 Rule 6 (which preserves the court's power to extend the period) and Article 159(2)(d) of the Constitution, and weighing the absence of an amended Defence by the Applicants and the public interest in the recovery of public property, the court found the prejudice compensable by costs and declined the draconian remedy of striking out.
Who should bear the costs of the application
The Plaintiff was directed to pay the Applicants' throwaway costs of Kshs 30,000/= within fourteen days.
Although the application failed, the Plaintiff's non-compliance inconvenienced both the court and the Applicants, who were preparing for an expeditious trial. The court held the Plaintiff must bear responsibility for the delay and could not go scot-free, since failure to penalise the omission would be a miscarriage of justice against the Applicants.
Legal principles established
#- Where a party fails to file an amended pleading within the period specified in an order giving leave to amend, the order ceases to have effect, but without prejudice to the court's power to extend the period.
- In deciding whether to exercise its discretion in favour of a party who has failed to file amended pleadings within the stipulated period, the court must consider the prejudice the opposing side would suffer and whether such prejudice can be compensated by costs.
- The power to strike out a pleading must be exercised with the greatest care and circumspection, and only in the clearest of cases.
Court orders
#- 1.The amended Plaint shall stand and shall not be struck out
- 2.The Plaintiff is directed to pay the Applicants' throwaway costs in the sum of Kshs 30,000/= within fourteen (14) days of the date of the ruling
- Jurisdiction invoked
- Inherent powers under Section 1A & 3 of the Civil Procedure Act and Order 8 Rule (2) & (6) of the Civil Procedure Rules (application as brought)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Nesco Services Limited & 4 others (Environment and Land Case E211 of 2023) [2026] KEELC 995 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 19/11/2025 within an existing suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/995/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.