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ELCPartially AllowedNot stated in the judgment

Kithuku v Mukuku (Environment & Land Case 28 of 2019) [2025] KEELC 3933 (KLR)

Environment and Land Court
22 May 2025
EOE. O. Obaga
1,563 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court corrected a wrong land title number in its judgment, confirming courts can fix clerical errors without reopening settled ownership disputes.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (E. O. Obaga, J) determined a Notice of Motion dated 18th September 2023 brought by the Plaintiff/Applicant, Joseph Kithuku, under Sections 1A, 1B and 3A of the Civil Procedure Act, seeking review of the judgment delivered on 17th May 2023 and the orders of 20th June 2023 so as to correct the description of the suit property from Nzuuni/Kyuasini/724 to Okia/Nzuuni/724. The Applicant argued that the error crept into the pleadings, was only discovered at the execution stage, and that the court had inherent jurisdiction to correct it for the ends of justice. The Respondent opposed, contending that parties are bound by their pleadings, that the Applicant never challenged the Defendant's title deed, and that the application lacked merit. The court framed two issues: whether the review application met the requisite threshold, and costs. Relying on the Supreme Court's exposition of the Slip Rule in Outa v Okello and the Court of Appeal's decision in Kenya Power & Lighting Company Limited v Benzene Holdings Limited, the court held that the correction of the property description would not affect ownership rights since the dispute had been conclusively determined and the judgment had not been reviewed, appealed or set aside. The application did not seek to substitute the judgment but only to perfect it for execution. The application was allowed with no orders as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant's application for review meets the requisite threshold
  2. 2.Who should bear the costs of the application

Key legal issues

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01

Whether the amendment of the property description in the judgment is a permissible correction rather than a substantive review

Holding

The change of description from Nzuuni/Kyuasini/724 to Okia/Nzuuni/724 is a permissible correction that does not affect ownership rights, as the dispute was conclusively determined

Reasoning

The court held that the substantive dispute over ownership was conclusively determined in the judgment of 17th May 2023, which had not been reviewed, appealed or set aside. Correcting the property description does not substitute or substantially alter the judgment; it merely perfects it so execution can proceed on an accurate decree. The application therefore fell within the court's inherent jurisdiction and the corrective scope of the Slip Rule rather than a fresh review of merits.

p. 4

Legal principles established

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  • The Slip Rule permits a court to correct errors apparent on the face of a judgment, ruling or order, provided the correction does not change the substance of the judgment or alter the court's clear intention
  • Courts possess inherent power to make orders necessary for the ends of justice or to prevent abuse of the process of the court

Court orders

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  1. 1.The judgment delivered on 17th May, 2023 and the subsequent orders issued on 20th June, 2023 be reviewed and amended to capture the suit property correctly as Okia/Nzuuni/724
  2. 2.The application is allowed with no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

EO
majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Sections 99 and 100 of the Civil Procedure Act; Order 45 Rule 1(1) of the Civil Procedure Rules

Relief refused

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Costs of the application

The court declined to award costs, ordering no orders as to costs

p. 4

Costs

No orders as to costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the circumstances, the application herein is merited. It is allowed with no orders as to costs. It is so ordered.
p. 4Final orders allowing the review
The application herein does not seek to substitute the judgment of the court. The main intention of the application is to ensure that the judgment is fully perfected and that the execution proceedings are finally implemented from the resulting decree.
p. 4Nature of the correction sought
The court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceeding.
p. 2Section 100 Civil Procedure Act - amendment of defects and errors

Issues in the judgment

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minor

The judgment states the judgment was delivered on 17/5/2023 in one place and 17/7/2023 in another

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kithuku v Mukuku (Environment & Land Case 28 of 2019) [2025] KEELC 3933 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3933/eng@2025-05-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.