Nderitu & 6 others v Ndiara Enterprises Limited & 18 others (Environment and Land Case 5 of 2010 & 128 of 2020 (Consolidated)) [2026] KEELC 1353 (KLR)
The bottom line
#A Kenyan land court allowed a party who missed a hearing date to testify after all, but made him pay the other side's costs.
What this practically means
#Executive summary
#Key legal issues
#Whether to re-open the 5th Plaintiff's case and allow him and his witnesses to testify
Application allowed; the Defendant had not closed its case and demonstrated no prejudice, so the court exercised its discretion in favour of re-opening
The court noted that on 25th February 2025 both the 5th Plaintiff and his counsel failed to attend court and the case was marked closed. Counsel explained illness. The court held that the Defendant had not closed its case and had not demonstrated prejudice. Relying on Article 50(1) of the Constitution and the authorities cited, the court found it in the interest of justice to re-open the 5th Plaintiff's case.
Whether the 2nd Plaintiff and other witnesses should be recalled for cross-examination
Refused, as all Plaintiffs had testified and are on one side
The court declined the recall of other Plaintiffs for cross-examination because they had all testified and are on one side. It noted the Defendant would have leave to recall its own witness to clarify any issue arising after the 5th Plaintiff testified, if need be, thus protecting the Defendant's position.
Legal principles established
#- The court retains a judicious discretion to re-open a case where it serves justice and does not prejudice the opposite party; such discretion will not be exercised where the application is intended to fill gaps in evidence or is marked by inordinate and unexplained delay
- The right to a fair hearing under Article 50(1) of the Constitution supports allowing a party an opportunity to present their case where no prejudice is demonstrated
Court orders
#- 1.The 5th Plaintiff, Stephen Kamau and his witnesses in ELC 5 of 2010 be and are hereby recalled to testify
- 2.Costs of this application is awarded to the Defendant Ndiara Enterprises Limited
- Jurisdiction invoked
- Inherent jurisdiction and discretion of the Environment and Land Court under the Civil Procedure Act and Article 50(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nderitu & 6 others v Ndiara Enterprises Limited & 18 others (Environment and Land Case 5 of 2010 & 128 of 2020 (Consolidated)) [2026] KEELC 1353 (KLR)", Case Analysis (2026). ELC 5 of 2010 (consolidated with ELC Case No. 128 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1353/eng@2026-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.