Malingi & another v National Land Commission & 2 others (Environment and Land Petition E006 of 2025) [2026] KEELC 3469 (KLR)
The bottom line
#A Kenyan land court refused to summon police chiefs to investigate a land dispute, ruling parties must present their own evidence, not ask judges to investigate.
What this practically means
#Executive summary
#Key legal issues
#Whether the security chiefs should be summoned under Order 16 rule 14 of the Civil Procedure Rules
The application for summons was dismissed because materiality of the proposed evidence was not established and the petition had not proceeded to hearing or directions on pleadings.
The court accepted that it has inherent power and specific power under Order 16 rule 14 to summon any person as a witness whose evidence is material, even if not called by the parties. However, the petitioners could not show that the testimony of the OCPD and OCS would be material to the case, and the court declined to transform itself into an inquisitorial forum to gather evidence for the petitioners, who appeared unsure whom to sue.
Whether the court may summon witnesses at this stage of the petition
The court noted the petition had not proceeded to hearing and it was unclear whether pleadings had closed, weighing against issuing summons.
Order 16 rule 1 allows parties to obtain summonses to persons whose attendance is required to give evidence or produce documents at any time before the trial conference under Order 11. The court observed that the petition had not reached hearing, directions had not been given on how to proceed, and it was unclear what would follow the testimony of the security chiefs.
Legal principles established
#- A party seeking a witness summons must demonstrate that the intended testimony is directly relevant and necessary to resolve the core issues, not a fishing expedition
- The court will not act inquisitorially to gather facts and identify whom a party should sue; it is for the parties to know who to sue and what orders to seek
Court orders
#- 1.The application dated September 18, 2025 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Inherent jurisdiction of the court and Order 16 rules 1 and 14 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Malingi & another v National Land Commission & 2 others (Environment and Land Petition E006 of 2025) [2026] KEELC 3469 (KLR)", Case Analysis (2026). Notice of motion dated September 18, 2025 (petition not numbered in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3469/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.