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ELCAllowedELCLC E005 OF 2026

Osentu Ventures Company Limited v John Lengunini Ole Kakui

Environment and Land Court
1 October 2026
MMM.N. Mwanyale
284 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Kilgoris in suit ELCLC E005 of 2026, delivered by Hon. M.N. Mwanyale, Judge, on 1st October 2026. The Applicant, Osentu Ventures Company Limited, through Ms. Kolum, moved the court by an application dated 22nd July 2026 seeking leave to amend the Plaint. The application was served and was unopposed. The court heard counsel on the merits, reviewed the draft Amended Plaint and her submissions, and noted that the proposed amendments intend to bring to the fore the real matters in controversy as contemplated under section 100 of the Civil Procedure Act, and that no prejudice would be visited upon the Respondent, who was not opposed to the application. The court accordingly allowed the application and issued a case-management timetable: leave to file the Amended Plaint within 14 days; the Respondent to file an Amended Defence within 15 days of service; both parties to comply with Order 11 by filing witness statements and documents within 30 days; and a mention for compliance before the Deputy Registrar on 3rd November 2026. No costs order was made. The ruling is brief and unopposed; it establishes nothing beyond the routine application of the amendment power under section 100. Minor data-quality issues include inconsistent spelling of counsel's name and a reference to leave for a supplementary affidavit that does not correspond to the relief sought in the application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether leave should be granted to the Applicant to amend the Plaint

Key legal issues

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01

Whether the court should grant leave to amend the Plaint

Holding

Leave granted; the amendments bring out the real matters in controversy and no prejudice is visited on the unopposing Respondent

Reasoning

The application dated 22nd July 2026 sought leave to amend the Plaint. It was served and unopposed. The court reviewed the draft Amended Plaint and counsel's submissions, and found the amendments contemplated under section 100 of the Civil Procedure Act, with no prejudice to the Respondent, and allowed the application with a compliance timetable.

p. 1

Legal principles established

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  • Section 100 of the Civil Procedure Act empowers the court to allow amendments that bring out the real matters in controversy where no prejudice is caused

Court orders

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  1. 1.Leave granted to the Applicant to file the Amended Plaint within 14 days from today
  2. 2.Respondent to file the Amended Defence within 15 days from date of service
  3. 3.Parties to comply with Order 11 by filing their witness statements and documents within 30 days from today
  4. 4.Mention for compliance before the DR on 3rd November 2026

The bench

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One judgment of the whole court — no separate or dissenting opinions.

MM
majority

Wrote the judgment

Jurisdiction invoked
Section 100 of the Civil Procedure Act

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

That leave is hereby granted to the Applicant to file the Amended Plaint within 14 days from today.
p. 1final orders - leave to amend
the proposed Amendments intend to bring to the fore, the real matters in controversy as contemplated under section 100 of the Civil Procedure Act
p. 1test for amendment under section 100

Issues in the judgment

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minor

Counsel's name inconsistently spelled

minor

Ruling states supplementary affidavit leave granted though application sought amendment of Plaint

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Osentu Ventures Company Limited v John Lengunini Ole Kakui", Case Analysis (2026). ELCLC E005 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6021/eng@2026-10-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.