1. Mr. Kiplagat has objected to the production of the documents by the Defendant set out in the Defendant’s Further Supplementary List of Documents dated 10/12/2025, consisting of an Official Search.
2. He contends that the documents was filed without leave and after close of the Plaintiff’s case.
3. He pleads prejudice in that the Plaintiff is shut off from testifying about this document. The trial prosecuted in this manner gives an edge to the Defendant.
4. Mr. Nyamu conceded that the documents were introduced to the trial without leave. He maintains that no prejudice will be suffered, since the documents speak to the dispute in issue before the Court.
5. The Court notes that the documents were filed without leave and after the Plaintiff had testified and closed his case. This matter went for a pre-trial. The effect is to ensure that parties disclose their cases fully before the Trial starts thus preventing the trial by ambush.
6. As matters stand the Plaintiff is correct in starting that he is locked out from speaking about the documents. The duty of the court extends to ensuring a fair trial. No party should be seen to have an edge over the other during the trial. A trial should not prejudice a party appearing before the Court.
7. The Court declines to allow the admission of the documents set out on the Further Supplementary List of Documents dated 10/12/2025. They were filed without leave after close of the Plaintiff’s case. They are expunged from the Court record.
8. It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF FEBRUARY, 2026
NJOROGE BENJAMIN. K
JUDGE
2. He contends that the documents was filed without leave and after close of the Plaintiff’s case.
3. He pleads prejudice in that the Plaintiff is shut off from testifying about this document. The trial prosecuted in this manner gives an edge to the Defendant.
4. Mr. Nyamu conceded that the documents were introduced to the trial without leave. He maintains that no prejudice will be suffered, since the documents speak to the dispute in issue before the Court.
5. The Court notes that the documents were filed without leave and after the Plaintiff had testified and closed his case. This matter went for a pre-trial. The effect is to ensure that parties disclose their cases fully before the Trial starts thus preventing the trial by ambush.
6. As matters stand the Plaintiff is correct in starting that he is locked out from speaking about the documents. The duty of the court extends to ensuring a fair trial. No party should be seen to have an edge over the other during the trial. A trial should not prejudice a party appearing before the Court.
7. The Court declines to allow the admission of the documents set out on the Further Supplementary List of Documents dated 10/12/2025. They were filed without leave after close of the Plaintiff’s case. They are expunged from the Court record.
8. It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF FEBRUARY, 2026
NJOROGE BENJAMIN. K
JUDGE