Kenya National Highways Authority v Abdul Waheed Sheikh & Abdul Hameed Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others
The bottom line
#KeNHA lost its bid to introduce new documents in its land compensation appeal because the ownership dispute they concerned had already been decided.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to admit additional evidence at appellate stage
The court has jurisdiction under section 78(1)(d) of the Civil Procedure Act and Order 42 Rule 27
The statutory framework permits an appellate court, in appropriate circumstances, to receive additional evidence, subject to careful and sparing exercise of judicial discretion, guided by Articles 50(1) and 159(2)(d) on fair hearing and justice without undue regard to procedural technicalities.
Whether the threshold for admitting the ELC 102 of 2008 pleadings was met
Not met; the application failed because the ownership dispute had been determined, so the evidence could not influence the appeal
The judgment in ELC 102 of 2008 dismissed third-party claims to proprietary rights, attributing ownership to the 1st Respondent on adverse possession grounds. The existence of an ownership dispute was therefore no longer live, rendering the proposed evidence incapable of influencing the appeal's outcome.
Legal principles established
#- Additional evidence on appeal may be admitted where directly relevant, capable of influencing the outcome, not obtainable with reasonable diligence at trial, removing doubt on a central issue, credible, and not intended to fill gaps or patch weak points
Court orders
#- 1.The Notice of Motion application dated 12th February 2026 is without merit and is hereby dismissed.
- 2.Costs of the application shall abide the outcome of the appeal.
- On appeal from
- Land Acquisition Tribunal at Nairobi
- TRLAP E054 of 2024
- Jurisdiction invoked
- Section 78(1)(d) of the Civil Procedure Act and Order 42 Rule 27 of the Civil Procedure Rules, guided by Articles 50(1) and 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Highways Authority v Abdul Waheed Sheikh & Abdul Hameed Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others", Case Analysis (2026). ELCLA Case No E192 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5658/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.