Wanjiku v Njoroge & another (Suing as the Administrators and Legal Representatives of the Estate of Monica Wanjiru Kamara - Deceased) (Environment and Land Appeal E229 of 2025) [2026] KEELC 3884 (KLR)
The bottom line
#A Kenyan court refused to let an appellant introduce new land survey evidence on appeal because she could have obtained it before trial.
What this practically means
#Executive summary
#Key legal issues
#Admission of additional evidence on a first appeal
Application dismissed; the Applicant failed the reasonable-diligence limb, showed the evidence was uncertified and contested, and demonstrated no substantial cause under Order 42 Rule 27
The public records from the Ministry of Lands and Survey of Kenya predate the trial and were obtainable with reasonable diligence; the Applicant only deposed to when she chose to procure them. The documents are uncertified photocopies requiring authentication by State officers, so their probative value is uncertain. The survey/block identity issue was already canvassed at trial through the surveyor's evidence. Granting the application would re-open a concluded record and prejudice the Respondents with untested forgery allegations raised on the eve of judgment.
Legal principles established
#- Parties to an appeal are not entitled as of right to adduce additional evidence; it may be admitted only under Order 42 Rule 27 and the court must record reasons
- The threefold Ladd v Marshall conditions are conjunctive; failure on any one limb is fatal
- Seriousness of fraud allegations cannot substitute for diligence or convert uncertified documents into admissible additional evidence on appeal
Court orders
#- 1.The Notice of Motion dated 21st May 2026 is hereby dismissed.
- 2.Each party to meet on costs of the application.
- On appeal from
- Senior Principal Magistrate's Court
- Jurisdiction invoked
- First appeal under Section 78(1)(b) of the Civil Procedure Act and Order 42 Rule 27 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjiku v Njoroge & another (Suing as the Administrators and Legal Representatives of the Estate of Monica Wanjiru Kamara - Deceased) (Environment and Land Appeal E229 of 2025) [2026] KEELC 3884 (KLR)", Case Analysis (2026). Nairobi ELCA No. E229 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3884/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.