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ELCDismissedNot stated in the judgment

Farah & 2 others v Adan (Environment and Land Case E131 & E136 of 2021 (Consolidated)) [2026] KEELC 1582 (KLR)

Environment and Land Court
19 March 2026
1,318 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a ruling on the Defendant's Notice of Motion dated 6th February 2026 seeking to re-open proceedings in a concluded cause so that he could be heard on his amended defence, and to complete the record by incorporating that defence. The Plaintiffs had consented to the amendment on 2nd December 2025 but opposed re-opening, contending that the amendments raised only a pure point of law - the Defendant's challenge to the Court's jurisdiction - which could be addressed in submissions, and that the Defendant, having squandered multiple opportunities to present his case and filed over six applications since the case closed in March 2025, was merely seeking to delay judgment. The Court framed a single issue: whether the proceedings should be re-opened to allow the Defendant to adduce evidence on the amended defence. Relying on Samuel Kiti Lewa v Housing Finance Co. of Kenya Ltd, Hannah Wairimu Ngethe v Francis Mungai Ng'ang'a, and the Supreme Court's guidelines in Mohamed Abdi Mahamud, the Court held that re-opening is discretionary, must be exercised judiciously, and should not be allowed where it fills evidentiary gaps or follows inordinate and unexplained delay. The amendments raised only the Court's jurisdiction, determinable on submissions without further evidence, and Justice Omange had already declined a similar prayer on 18th December 2024. The application was dismissed with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether proceedings herein should be re-opened to allow the Defendant to adduce evidence in respect to issues raised in his amended defence

Key legal issues

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01

Whether the Court should re-open proceedings to allow the Defendant to be heard on his amended defence

Holding

The application for re-opening was refused because the amended defence raised only the question of jurisdiction, a pure point of law already canvassed in submissions, and the Defendant had squandered earlier opportunities to testify and offered no plausible reason for the re-opening.

Reasoning

The Court applied the guidance in Samuel Kiti Lewa and Hannah Wairimu Ngethe that re-opening is discretionary, must be exercised judiciously, and should not be used to fill gaps in evidence or follow inordinate and unexplained delay. It also applied the Supreme Court's Mohamed Abdi Mahamud criteria for additional evidence, including reasonable diligence. The amendments raised only jurisdiction, which the Court could resolve without further evidence; a previous ruling by Justice Omange on 18th December 2024 had already declined re-opening. Submissions had been highlighted on 24th March 2025 and only judgment remained.

p. 3

Legal principles established

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  • Re-opening of a closed case is discretionary, must be exercised judiciously, and will not be allowed where intended to fill gaps in evidence or defeated by inordinate and unexplained delay
  • A challenge to jurisdiction is a pure point of law that can be raised in submissions and does not require re-opening of proceedings or additional evidence

Court orders

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  1. 1.The Notice of Motion dated 6th February 2026 is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; not expressly cited (Article 50 of the Constitution raised by the Defendant on the right to be heard)

Relief refused

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Prayer to re-open the proceedings to accommodate the facts in the Defendant's amended defence

The amendments raised only the question of the Court's jurisdiction, a pure point of law not requiring additional evidence; the Defendant had squandered opportunities to be heard and gave no plausible reason for re-opening a fully heard case

p. 3

Prayer to complete the record by incorporating the amended defence

Fell with the main prayer; the Court found the amendments concerned jurisdiction only and did not warrant re-opening proceedings already heard

p. 3

Costs of the application

Application dismissed with costs to the Plaintiffs

p. 3

Costs

The Notice of Motion application is dismissed with costs (costs to the Plaintiffs).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the foregoing, I find the instant Notice of Motion application unmerited and will dismiss it with costs.
p. 3Disposition - dismissal of the application
re-opening of a case should not be allowed where it is intended to fill gaps in evidence. Also such prayer for re-opening of the case will be defeated by inordinate and unexplained delay.
p. 3Discretion to re-open a case (Samuel Kiti Lewa)
the Defendant has not provided plausible reasons to allow the Court reopen this case and I will decline to so.
p. 3Conclusion on re-opening
since the amendments introduced by the Defendant are only on jurisdiction of this Court, it does not warrant reopening of the proceedings which has been heard and the only issue remaining is the delivery of judgement.
p. 3Jurisdiction as a pure point of law determinable in submissions

Issues in the judgment

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minor

The case number and full title of the cause are not stated in the judgment extract; the parties are referred to only as 'Plaintiffs' and 'Defendant'.

minor

The judgment refers to 'Plaintiffs' (plural, with a 3rd Plaintiff) but the application and orders speak of a single Defendant; the exact number of Plaintiffs is not stated on the face of the extract.

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, "Farah & 2 others v Adan (Environment and Land Case E131 & E136 of 2021 (Consolidated)) [2026] KEELC 1582 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1582/eng@2026-03-19

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