Ngunyi v AirBnb Ireland UC (Civil Case E080 of 2026) [2026] SCC 120 (KLR)
The bottom line
#A Mombasa Small Claims Court refused a company's last-minute bid to add new evidence, ruling late filings to fill gaps undermine a fair trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent should be granted leave to file additional documents at the eve of judgment
The application is disallowed; the court will render judgment based on the documents filed as at 5th June 2026.
The court applied the principles in Salat v IEBC, Susan Wavinya Mutavi and Samuel Kiti Lewa: the jurisdiction to reopen and admit additional evidence is discretionary and judicious; it is refused where intended to fill evidentiary gaps, where there is inordinate unexplained delay, and where the evidence could with reasonable diligence have been obtained earlier. The Respondent's advocate knew investigations were commissioned but did not disclose this when the parties elected to proceed under section 30; as at 5th June 2026 the parties were content with their pleadings. Client-advocate miscommunication is an internal matter and cannot excuse lateness or prejudice the Claimant.
Legal principles established
#- Article 159(2)(d) is not a rescue for a negligent litigant who withheld evidence until the eleventh hour; timelines for sharing evidence are structural safeguards of a fair trial, not technicalities.
- The discretion to reopen a case and admit additional evidence will be refused where the evidence was obtainable with reasonable diligence, where it seeks to fill gaps, or where there is inordinate unexplained delay.
Court orders
#- 1.The Notice of Motion dated 4th June 2026 seeking to arrest the pending judgment and to allow filing of additional documents is disallowed
- 2.Costs of Kshs. 10,000/- awarded to the Respondent/Claimant
- 3.Parties to revert to status quo ante, with the court to render judgment based on the documents filed as at 5th June 2026
- Jurisdiction invoked
- Sections 3 and 43 of the Small Claims Court Act, guided by Article 159(2) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngunyi v AirBnb Ireland UC (Civil Case E080 of 2026) [2026] SCC 120 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/120/eng@2026-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.