1. I have considered the application dated 12th February, 2026 which seeks leave to amend a statement of defence and counterclaim dated 31st August, 2022 out of time. The application is opposed by way of a replying affidavit sworn by Jane Njeri Onyango on 26th February, 2026.
2. I have considered the arguments raised by both parties’ submissions and equally reviewed the proceedings in this file. It is quite unfortunate as stated by the plaintiff, that this matter has been marred by a history of delays since April 2023 when CMC ended and the matter was certified ready for hearing. There have been more than 10 court appearances where the matter has field to take off partly on account of illness of defendant’s counsel, illness of the defendant and unavailability of plaintiff’s counsel. It is about time that this court puts an end to this delays.
3. The application for amendment of the statement of defence comes 3 years after CMC and in the midst of all the delays that have been occasioned partly by the defendant, I am not convinced that they are deserving of this court’s discretion. The application dated 12th February, 2026 is therefore disallowed. Instead, this matter shall now progress to hearing without any further delays. In order to ensure that the same is granted hearing on priority, the parties shall appear before Murunga, J for purposes of taking a hearing date on 14th July, 2026. For the avoidance of doubt, there shall be no further filings by any party of any pleadings at this point as the matter was long certified ready for hearing.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 30TH DAY OF JUNE 2026.
F. MUGAMBI
JUDGE
2. I have considered the arguments raised by both parties’ submissions and equally reviewed the proceedings in this file. It is quite unfortunate as stated by the plaintiff, that this matter has been marred by a history of delays since April 2023 when CMC ended and the matter was certified ready for hearing. There have been more than 10 court appearances where the matter has field to take off partly on account of illness of defendant’s counsel, illness of the defendant and unavailability of plaintiff’s counsel. It is about time that this court puts an end to this delays.
3. The application for amendment of the statement of defence comes 3 years after CMC and in the midst of all the delays that have been occasioned partly by the defendant, I am not convinced that they are deserving of this court’s discretion. The application dated 12th February, 2026 is therefore disallowed. Instead, this matter shall now progress to hearing without any further delays. In order to ensure that the same is granted hearing on priority, the parties shall appear before Murunga, J for purposes of taking a hearing date on 14th July, 2026. For the avoidance of doubt, there shall be no further filings by any party of any pleadings at this point as the matter was long certified ready for hearing.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 30TH DAY OF JUNE 2026.
F. MUGAMBI
JUDGE