Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others (Environment and Land Case 337 of 2017) [2025] KEELC 5458 (KLR)
The bottom line
#The Environment and Land Court dismissed a landowner's attempt to review a contempt ruling, confirming that complaints about a judge's decision belong on appeal, not review.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether the Applicant has met the threshold for review of the ruling of 29th January, 2025
Key legal issues
#Whether the Applicant met the threshold for review of the ruling of 29th January, 2025
The application for review was dismissed as lacking merit
Order 45 Rule (1) permits review on discovery of new evidence, error apparent on the face of the record, or sufficient reason. The Applicant raised arguments about double jeopardy, service of the order, and stay of proceedings, but these were grounds of appeal. It was also an abuse of process to seek review while simultaneously seeking stay of execution in the Court of Appeal.
Legal principles established
#- Grounds for review under Order 45 are discovery of new evidence, error apparent on the face of the record, or any other sufficient reason; failure to address a prayer is a ground of appeal, not review
Court orders
#- 1.The Applicant's Notice of Motion dated 11th February, 2025 is dismissed
- 2.Costs of the application to the Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 45 Rule (1) of the Civil Procedure Rules (review jurisdiction)
Relief refused
#Review and/or setting aside of the ruling/order of 29th January, 2025
No sufficient reason shown; grounds raised were grounds of appeal, not review
Costs
Dismissed with costs to the Respondents
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Even if she had overlooked one of the prayers, that is not a ground for review but can be a ground for appeal.
It was an abuse of the process of the court to file an application for review before the court and at the same time file an application for stay of execution of the ruling of 6th March, 2024.
I therefore find that the Applicant’s application lacks merit. The same is hereby dismissed with costs to the Respondents.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others (Environment and Land Case 337 of 2017) [2025] KEELC 5458 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5458/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.