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ELCOtherEnvironment and Land Petition E002 of 2025· [2026] KEELC 6156 (KLR)
Mwangi & 3 others v Kenya National Highway Authority & another
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is an interlocutory ruling in a constitutional petition filed at the Environment and Land Court at Nanyuki by four petitioners, who sue as administrators of the estate of Ben Mwangi Kihia (deceased), against the Kenya National Highway Authority and the State Law Office. The petition, lodged with an application dated 9.6.2025, alleges violations of Articles 40, 60, 64 and 68 of the Constitution concerning land and compensation. The ruling concerns case management rather than the merits. The 1st respondent failed to meet timelines for filing its response, filing its replying affidavit on 30.9.2025, well beyond the 13.8.2025 deadline; the court nonetheless admitted the documents in the interest of justice. The respondent was then given until 13.11.2025 to file clear copies, as the initial filings were illegible, and the petition was set down for written submissions; the interlocutory application was compromised by the parties. At a mention on 22.9.2026 it emerged that the 1st respondent had still not filed its annexure 3. Petitioner's counsel urged its expungement; the respondent sought more time, alleging prejudice. Mbugua J found that over a year of indulgence was ample, questioned the deponent's reference to 'annexure GNN3' as proof of the compensation schedule, declined further time, and expunged annexure 3 from the record. No costs order was made. The substantive petition remains pending.
Key legal issues
#01
Whether to grant the 1st respondent more time to file its missing annexure
Holding
The court declined further time and expunged annexure 3, finding the respondent had had ample opportunity to comply.
Reasoning
The 1st respondent was directed on 23.7.2025 to file a response and given time to 13.8.2025, but filed out of time on 30.9.2025. The court indulged it and admitted the documents, then gave time to 13.11.2025 to file clear copies. A year later, annexure 3 remained unfiled. The court found the delay inexcusable and that expungement would not unfairly prejudice the petitioner's case; the respondent's claim of prejudice did not outweigh its persistent non-compliance.
Legal principles established
#- A party who fails to comply with timelines for filing documents despite indulgence cannot expect further time; non-compliant documents may be expunged.
Court orders
#- 1.The 1st respondent is denied further time to avail further documents
- 2.Annexure 3 is expunged from the records
- Jurisdiction invoked
- Articles 2, 19(1), 20, 22, 23, 24, 27, 40, 47, 60, 64, 68, 162(2)(b), 258(2) and 259 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwangi & 3 others v Kenya National Highway Authority & another", Case Analysis (2026). Environment and Land Petition E002 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6156/eng@2026-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.