Mburu & 6 others v Zucchini Holdings Limited & 2 others [2024] KEELC 1347 (KLR)

Mburu & 6 others v Zucchini Holdings Limited & 2 others (Environment & Land Case 91 of 2010) [2024] KEELC 1347 (KLR) (12 March 2024) (Ruling)

Neutral citation: [2024] KEELC 1347 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 91 of 2010

LN Mbugua, J

March 12, 2024

Between

Francis Ngugi Mburu

1st Plaintiff

Nyamweya Iries Abuya

2nd Plaintiff

Julius Mwaniki Waititu

3rd Plaintiff

Domestic Muindi Mburu

4th Plaintiff

Esther Wangui Kamau

5th Plaintiff

Silas Ondicho Manu

6th Plaintiff

Geoffrey Mwaura Kaigai

7th Plaintiff

and

Zucchini Holdings Limited

1st Defendant

Minto Travels Limited

2nd Defendant

Nerifa Holdings Limited

3rd Defendant

Ruling

1. The 7th plaintiff is acting in person. He gave his evidence in chief on 1. 2.2024. Mr. Omaiyo for the rest of the plaintiffs then embarked on cross examining the said party when defence counsel raised an objection averring that plaintiff’s counsel prepared all the documents; hence in essence, 7th plaintiff is their client. Thus Mr. Omaiyo should not proceed to cross-examine the 7th plaintiff.

2. In opposition, Mr. Omaiyo stated that he is in a different firm of advocate from the one which prepared the pleadings and statements of the plaintiffs including the 7th plaintiff.

3. It is the finding of this court that even if the plaintiffs evidence is similar, Mr. Omaiyo is entitled to cross examine the witness (7th plaintiff) who is no longer his client. After all, the court even has discretion to allow cross examination of one’s own witness; See Section 161 of the Evidence Act. The adverse party (read Mr Munge’s clients) will have an opportunity to put forth questions to 7th plaintiff to test the veracity, credibility and accuracy of his evidence. It would have been a different scenario if Mr. Munge had commenced cross examination before Mr. Omaiyo.

4. In the circumstances the objection raised by Mr. Munge is hereby dismissed with a rider that Mr. Omaiyo will not ask leading questions to the 7th plaintiff.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12THDAY OF MARCH, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Omaiyo for Plaintiff and Decree Holder 7th PlaintiffOpole holding brief for Munge for 3rd DefendantCourt assistant: Judith