Muthomi Mungania & 3 others v Meru County Government & 3 others
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a proper case has been made to warrant the granting of leave to the plaintiffs to file and serve a supplementary list of documents at this stage of the proceedings.
Key legal issues
#Whether leave should be granted to file a supplementary list of documents after commencement of trial
Leave was granted because the plaintiffs had not closed their case, the evidence had been served earlier without objection, and the defendants showed no prejudice; defendants received corresponding leave.
The application was prompted by defendants' trial-stage objection to WhatsApp messages. The court noted the bundle had been served at pre-trial without objection, the certificate complied with Section 106B of the Evidence Act, and no evidence of prejudice was tendered. Corresponding leave for defendants was the safeguard.
Rationale for Section 106B of the Evidence Act certification requirement
The certification requirement is mandatory and exists to vouchsafe the authenticity and integrity of electronic records.
Relying on Court of Appeal authority, the court traced the 2009 introduction of Section 106B and the stringent conditions in Section 106B(2) designed to prevent admission of manipulated electronic evidence, explaining the shift from the earlier best evidence and hearsay exclusions.
Legal principles established
#- Before a party closes its case, the court may grant leave to introduce a supplementary list of trial documents where no prejudice is shown by the opposing party, with corresponding leave to the other side as a safeguard.
Court orders
#- 1.Leave granted to the plaintiffs to file and serve a supplementary list of documents (prayer 1)
- 2.Corresponding leave granted to the defendants to file and serve supplementary lists of documents should they deem it necessary (prayer 2)
- 3.Costs of the application in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent leave power under the Civil Procedure Rules governing trial documents (Order 11) in a suit before the Environment and Land Court
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the court takes the view that at this stage where the plaintiffs have not closed their case, they can properly be allowed to introduce the additional list of documents without exposing the defendants to any prejudice.
In the end, for the above reasons, the application dated 31/1/2026 is allowed in terms of prayers 1 and 2. Costs of the application shall be in the cause.
They have, however, not tendered evidence of any prejudice which they are likely to suffer if the plaintiffs are allowed to introduce the electronic evidence, which in any event, was served upon them prior to commencement of trial.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthomi Mungania & 3 others v Meru County Government & 3 others", Case Analysis (2026). ELC CASE NO. E008 OF 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5885/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.