Tuwei & 2 others v Tanui & 2 others (Environment and Land Miscellaneous Application E024 of 2025) [2025] KEELC 5518 (KLR)
The bottom line
#Kenya's Environment and Land Court corrected typos in a burial dispute injunction, confirming minor court errors can be fixed without a full new case.
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 orders of the court given on 22nd July 2025 deserve correction of clerical errors and misnaming of parties and order numbering
Key legal issues
#Court's power to correct clerical errors in its orders
Section 99 CPA empowers the court, on its own motion or on application, to correct clerical or arithmetical mistakes or errors from accidental slip or omission in a judgment, ruling or order.
The court traced its jurisdiction to section 99 of the Civil Procedure Act, reinforced by sections 3, 3A CPA and sections 3 and 19 of the Environment and Land Court Act, holding the correction is a discretionary exercise and would ensure the orders reflect the court's true intention and prevent injustice from minor errors.
Legal principles established
#- Correction of clerical errors under the slip rule must not alter the clear intention of the court; errors must be apparent on the face of the record and obvious.
Court orders
#- 1.Order number 2 in the orders given on 22nd July 2025 shall read as quoted in the ruling (temporary injunction restraining respondents from meetings/harambees, attempting to bury, interring or burying the remains of Tabarno Jepkemei-Deceased on land parcels Nos. Songhor/Songhor Block 9/(Soy Sitet) 157, 160 and 162)
- 2.The first number 3, the second number 3 and number 4 orders of 22nd July 2025 to be orders 3, 4 and 5 respectively
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 99 of the Civil Procedure Act (Cap 21); Sections 3 and 3A of the Civil Procedure Act read with sections 3 and 19 of the Environment and Land Court Act, 2011 (2015)
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.
A fortiori, I find merit in the applicants’ application for correction of orders of this court and in particular, I hereby order thus;
There having been no service of the orders of 22nd July 2025, I make no orders as to costs.
Issues in the judgment
#Ruling dated 23rd July 2025 refers to orders given on '22ND July 2024' in the corrected order text, while elsewhere referring to orders of 22nd July 2025.
Citation to the Environment and Land Court Act contains a contradictory year reference.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tuwei & 2 others v Tanui & 2 others (Environment and Land Miscellaneous Application E024 of 2025) [2025] KEELC 5518 (KLR)", Case Analysis (2025). Application dated 23rd July 2025 in Notice of Motion dated 21st July 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5518/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.