Onyango & 20 others v Okello & 9 others (Environment and Land Case 22 of 2020) [2026] KEELC 1938 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the evidence of DW1 should be expunged on grounds of impersonation
The Motion was dismissed. The Court found the Plaintiff was not certain who testified, having waited nearly a year to raise the issue, and no cogent evidence established impersonation to the criminal standard.
The witness testified in open court, was sworn, identified himself and was cross-examined at length by the Plaintiffs' counsel without objection, and no one asked for identification documents. Only his own counsel, Mr Okeyo, could confirm the witness was the deponent of the statement. The proceedings of 12th October 2023 were not virtual and were not recorded, so no footage could verify the claim. Impersonation being criminal, proof beyond reasonable doubt was required and was absent.
Whether the Court could summon the alleged impersonator and punish him
Refused. Michael Osigwar is neither a party nor proved to have testified in place of the 2nd Defendant.
The Court held that purporting to summon and punish a stranger to the suit for a criminal offence would descend into the arena of conflict and encroach on the jurisdiction of another organ of state, namely the criminal justice system. Expunging the evidence would also prejudice the 2nd Defendant's right to a fair trial.
Legal principles established
#- A party must raise the identity of a witness the moment the witness takes the stand and begins to testify; belated objections suggest the objector is not certain of the identity
- Impersonation is a criminal offence that must be proved beyond reasonable doubt before a civil court will expunge evidence on that basis
- A civil trial court should not summon and punish a non-party for alleged impersonation, that being the province of the criminal justice system
Court orders
#- 1.The Notice of Motion dated 10th March 2025 is dismissed
- 2.Costs to the 2nd Defendant
- 3.Mention on 13th May 2026 before Waithaka J to take a date for hearing and final determination before the Judge
- Jurisdiction invoked
- Inherent powers of the Environment and Land Court over the trial record (no specific provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango & 20 others v Okello & 9 others (Environment and Land Case 22 of 2020) [2026] KEELC 1938 (KLR)", Case Analysis (2026). Busia ELC Case (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1938/eng@2026-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.