Kiilu & another (Suing as Personal Representatives of the Estate of Gideon Kiilu Ndolo (Deceased)) v Kyule & 2 others (Environment and Land Case E028 of 2020) [2026] KEELC 4883 (KLR)
The bottom line
#A Kenyan court allowed handwriting expert evidence mid-trial, confirming that a party can still strengthen its case before it closes.
What this practically means
#Executive summary
#Key legal issues
#Whether additional expert evidence may be admitted at trial after several witnesses have testified
Yes. The court applied the principles in Ladd v Marshall and the Mohamed Abdi Mahamud guidelines, finding the expert report relevant, credible, obtainable only when doubt arose, and non-prejudicial.
The court noted the Plaintiffs' case was not closed, and even if it were, Section 146(4) of the Evidence Act permits recall of witnesses. Applying the additional-evidence principles, it found the expert report directly relevant, capable of influencing the outcome, credible, and not voluminous. It held the Defendants would not be prejudiced as they had not yet testified and could respond to the report, and that allowing it serves substantive justice.
Legal principles established
#- A court may recall a witness even after close of a party's case for further examination, as provided by Section 146(4) of the Evidence Act
- A party should be allowed to prosecute its case to its satisfaction, including calling witnesses and producing documents deemed necessary, where no prejudice results
Court orders
#- 1.The application dated 25th April 2025 is allowed; leave granted for the Plaintiffs to have a document examiner/handwriting expert examine and report on the 1st Defendant's signatures on the listed documents
- 2.Costs shall follow the outcome of the main suit
- Jurisdiction invoked
- Order 51 Rule 1 of The Civil Procedure Rules; Sections 1A, 1B & 3A of The Civil Procedure Act; Section 4 of The Fair Administrative Action Act; Articles 47, 48 & 159 of The Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiilu & another (Suing as Personal Representatives of the Estate of Gideon Kiilu Ndolo (Deceased)) v Kyule & 2 others (Environment and Land Case E028 of 2020) [2026] KEELC 4883 (KLR)", Case Analysis (2026). ELC CASE NO. E028 OF 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4883/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.