Macharia & 3 others v County Government of Kajiado (Environment and Land Case 624 of 2017) [2025] KEELC 6708 (KLR)
The bottom line
#A Kajiado court refused to add interest to a Kshs. 120 million damages award because the landowners never asked for interest when they filed their case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants met the threshold for review under Order 45 of the Civil Procedure Rules to have interest on compensatory damages added to the judgment
They did not; the application was dismissed
The applicants conceded they never sought interest in the pleadings and did not demonstrate any of the three mandatory grounds for review under Order 45 Rule 1(1). They had leave to amend their plaint before hearing and failed to use it, so must bear the consequences of that omission. Granting unpleaded reliefs would offend the principle that courts grant only prayed-for orders and would prejudice the Respondent's right to a fair hearing under Article 50.
Whether the applicants should be granted leave to execute the decree before taxation of costs
The prayer was overtaken by events as the bills of costs had already been taxed
The Party and Party Bills of Costs had already been taxed at Kshs. 8,275,625/= by the Deputy Registrar through a Ruling delivered on 28th August 2025, so there was nothing left to grant on that prayer.
Legal principles established
#- A court may only review its judgment where the applicant demonstrates discovery of new and important matter, an error apparent on the face of the record, or sufficient reason
- Review was never intended to allow parties to relitigate their suit after judgment
Court orders
#- 1.Dismissal of the Plaintiffs/Applicants' Notice of Motion dated 3rd March, 2025
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1A, 3A, 26 and 80 of the Civil Procedure Act; Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Macharia & 3 others v County Government of Kajiado (Environment and Land Case 624 of 2017) [2025] KEELC 6708 (KLR)", Case Analysis (2025). Not stated in the excerpt (Notice of Motion dated 3rd March, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6708/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.