Lukorito v Siror (Environment and Land Case Civil Suit 26 of 2019) [2026] KEELC 1746 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a late attempt to change a land claim's pleadings, confirming old, unexplained amendments that reopen settled judgments will fail.
What this practically means
#Executive summary
#Key legal issues
#Whether the late application to amend the plaint should be allowed
The application was dismissed because the applicant came too late, the reasons for amendment were not sufficiently substantiated, and the amendments sought to introduce matters already litigated in a previous suit decided in the respondent's favour
The court applied the settled principles on amendment of pleadings: amendments should be freely allowed unless they cause prejudice not compensable by costs, introduce a new or inconsistent cause of action, or affect vested rights. The respondent held a decree from Kitale HCC No.136 of 2000(OS) over the same land against the applicant, and had also succeeded in Kitale ELC Petition No. 5 of 2017. Permitting the amendment would amount to the court sitting on appeal over its own judgment and undoing that valid decree through a late amendment, which is not in the interest of justice.
Whether the firm of BS Advocates LLP was properly on record for the applicant
The objection failed because a notice of appointment indicated the firm was acting alongside M/S Ham & Hamsley Advocates
The respondent argued the application was incompetent because BS Advocates LLP was not on record. The court noted there was a notice of appointment dated 17/7/2025 and filed on 21/7/2025 and 18/7/2025 indicating the firm was acting alongside the law firm of M/S Ham & Hamsley Advocates, and therefore dismissed this objection as a ground for rejecting the application.
Legal principles established
#- The power to grant leave to amend pleadings is discretionary and must be exercised rationally and liberally unless it would cause prejudice or injustice to the other party
- A court may disallow an amendment that would deny the opposite party an accrued or vested right, amount to abuse of process, bad faith, or seek to introduce a new cause of action or alter the character of the pleadings
Court orders
#- 1.The application dated 5/12/2025 to amend the plaint is dismissed with costs to the respondent
- Jurisdiction invoked
- Order 8 Rules 3 and 5 of the Civil Procedure Rules (amendment of pleadings), Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lukorito v Siror (Environment and Land Case Civil Suit 26 of 2019) [2026] KEELC 1746 (KLR)", Case Analysis (2026). Environment and Land Case 117 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1746/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.