Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment· [2026] KEELC 3531 (KLR)

Waweru & 4 others v Hardrock Holdings and Investments Company Limited & 2 others (Land Case E372 of 2024) [2026] KEELC 3531 (KLR)

Environment and Land Court
11 June 2026
MCMbogo C.G.
1,509 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court allowed a defendant to amend his defence and counterclaim mid-trial, confirming late amendments are allowed unless they cause injustice beyond what costs can fix.

What this practically means

#

Executive summary

#
The 2nd defendant/applicant moved the court by notice of motion dated 2nd February, 2026, under Order 8 Rule 3 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, seeking leave to amend his statement of defence and counterclaim dated 4th February, 2025. He deposed that he had purchased and deposited building materials (stones, sand and ballast) on the suit property; that the plaintiffs/respondents had impeded his access and appropriated those materials in disregard of status quo orders issued on 25th September, 2024; and that the amendment was necessary to claim a remedy for the loss of the materials, without prejudice to the respondents, who could likewise amend their reply. The 1st plaintiff/respondent opposed, contending that the hearing had commenced, the plaintiffs' main witness had testified and undergone cross-examination and partial re-examination, and that the late amendment was an afterthought designed to fill gaps exposed during trial, causing grave prejudice and procedural confusion. Neither party filed submissions as directed. The court identified the sole issue as whether leave to amend should be granted. Relying on Section 100 of the Civil Procedure Act, Order 8 Rules 3 and 5, and the Court of Appeal's decision in Central Kenya Ltd v Trust Bank Ltd & 5 others, the court held that amendments may be allowed at any stage unless they would cause uncompensable injustice. Finding that the draft amendments did not fundamentally alter the cause of action and caused no prejudice that costs could not cure, the court granted leave, deemed the draft filed upon payment of fees within 3 days, directed service, assessed costs to the plaintiffs/respondents at Kshs.45,000/-, and set a further mention for 9th July, 2026.

Key legal issues

#
01

Whether leave to amend the defence and counterclaim should be granted at an advanced, post-commencement stage of the hearing.

Holding

Leave granted. The amendments did not fundamentally alter the cause of action, were not prejudicial to the plaintiffs/respondents, who would have an opportunity to amend their reply to the counterclaim, and costs would compensate them.

Reasoning

Section 100 of the Civil Procedure Act and Order 8 Rules 3 and 5 permit amendment at any stage. While late amendments are more likely to cause injustice, the test is prejudice beyond compensation in costs. The draft amendments only adjusted the description of parties and re-presented the 2nd defendant's claim for lost building materials without altering the cause of action. The plaintiffs could respond by amending their defence to the counterclaim, and costs were awarded.

p. 4

Legal principles established

#
  • Amendment of pleadings may be allowed at any time of the suit, but the court has a discretion and may refuse an amendment that would cause prejudice or injustice not compensable in costs.

Court orders

#
  1. 1.Leave granted to the 2nd defendant/applicant to amend his statement of defence and counterclaim dated 4th February, 2025 as per the draft amended statement of defence and amended counterclaim.
  2. 2.The annexed draft amended statement of defence and amended counterclaim deemed as duly filed upon payment of requisite fees payable within 3 days from the date of the ruling.
  3. 3.Upon paying the requisite fees, the 2nd defendant/applicant to serve the same upon the plaintiffs/respondents forthwith to enable them file their defence to the amended counterclaim if need be.
  4. 4.Costs of the application due to the plaintiffs/respondents assessed at Kshs.45,000/-.
  5. 5.Further mention on 09th July, 2026 for further directions.
Jurisdiction invoked
Order 8 Rule 3 and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Section 100 of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Waweru & 4 others v Hardrock Holdings and Investments Company Limited & 2 others (Land Case E372 of 2024) [2026] KEELC 3531 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3531/eng@2026-06-11

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