Emfil Ltd v Attorney General & 423 others (Environment and Land Case 113 of 2015) [2026] KEELC 4681 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can visit disputed land at any trial stage and allow lawsuits to be updated so the real land dispute gets fully decided.
What this practically means
#Executive summary
#Key legal issues
#Site visit / locus in quo at any stage of proceedings
The Court is empowered under Order 18 Rule 11 to inspect property at any stage; the visit assists the Court to appreciate expert evidence and does not amount to gathering evidence for a party.
Order 18 Rule 11 permits the Court at any stage to inspect any property concerning which a question arises. The court rejected the defendants' argument that the visit would aid the plaintiff in gathering evidence, holding its purpose is to verify testimony, clarify boundaries or physical features and resolve conflicting evidence. Since the plaintiff had not closed its case and the court is not an expert, a lay observation of the site would help it better appreciate the expert evidence on record.
Leave to further amend pleadings after witnesses have testified
Leave to amend should be granted where the amendment does not change the cause of action and causes no uncompensatable prejudice; the proposed prayer for cancellation of titles was necessary to determine the real controversy.
Applying Order 8 Rule 5 and the authorities on amendment, the court held that the object of amendment is to determine the real questions in controversy. The proposed prayer for cancellation of titles issued under the Settlement Scheme did not alter the plaintiff's original cause of action, having originally been part of its prayers before being pursued in a judicial review suit that was dismissed as sub-judice. The defendants' inconvenience did not amount to prejudice or injustice warranting refusal.
Legal principles established
#- The Court may at any stage of a suit inspect any property concerning which any question arises, and such a visit is meant to help the Court verify testimonies and resolve conflicting evidence, not to aid a party in gathering evidence.
- Amendments to pleadings should be freely allowed at any stage unless the prejudice to the opposite party cannot be compensated by costs.
Court orders
#- 1.The Motion dated 22nd October 2024 (site visit) is allowed with costs in the cause
- 2.The site visit to be arranged by the parties within 60 days, as time is of the essence
- 3.The Motion dated 27th November 2025 (further amendment of plaint) is allowed with costs to the Defendants
- 4.The Plaintiff has 21 days from the date of the ruling to file and serve the Further Amended Plaint
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court; applications brought under Order 18 Rule 11 and Order 8 Rule 5 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Emfil Ltd v Attorney General & 423 others (Environment and Land Case 113 of 2015) [2026] KEELC 4681 (KLR)", Case Analysis (2026). Not stated on the face of the judgment (ELC suit concerning L.R. Nos. 13433/6 to 13433/143, Kwale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4681/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.