Onalo v Omollo & 6 others (Environment and Land Case 111 of 2013) [2025] KEELC 8423 (KLR)
The bottom line
#A Kenyan court refused to reconsider interest awarded in a land refund case, ruling that unhappy parties must appeal rather than ask the same judge for a 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 or not the application has demonstrated grounds for review of the judgement
- 2.Whether the Applicant is entitled to the relief sought
- 3.Costs
Key legal issues
#Whether the Applicants demonstrated grounds for review under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
No; the application merely challenged the merits of the award of interest, disclosing no new evidence or error apparent on the face of the record
The court recited the four grounds for review: discovery of new and important matter, mistake or error apparent on the face of the record, any other sufficient reason, and absence of unreasonable delay. It found the application went only to the propriety and merits of the decision to award interest, with no proof of new matter or apparent error.
Whether the court, post-judgment, could reconsider the award of interest in light of the plaintiff's alleged delay in prosecuting the suit
No; upon delivery of judgment the court became functus officio and divested of jurisdiction to revisit the merits
The respondents argued the court became functus officio after judgment. The court agreed, holding that questions of whether interest should run from the date of payment or the date of judgment, and whether the plaintiff delayed the suit, go to the merits of the judgment and cannot be reopened by way of review.
Legal principles established
#- Upon delivery of judgment, a court becomes functus officio and cannot revisit the merits of its decision through an application for review; dissatisfaction with the decision is a ground for appeal
- A party challenging the propriety or merits of a decision must appeal rather than seek review where no new matter, error apparent on the face of the record, or sufficient reason is shown
Court orders
#- 1.The application for review dated 9th April, 2025 is declined
- 2.Each party to bear own costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Review jurisdiction under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
Relief refused
#Review of the judgment of 19th September, 2024 on the award of interest on the refundable sum of Kshs.2,770,000.00
No discovery of new matter, no error apparent on the face of the record; the grounds raised are matters for appeal and the court is functus officio
Award of damages to the Applicants based on the submissions on record
Application for review declined in its entirety
Costs
Each party to bear own costs of the application
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.
The grounds of the application, in my view, form valid grounds for challenging the court's decision on appeal.
The doctrine of functus officio divests the court of the jurisdiction to revisit these issues.
For the foregoing reason, I find that the Applicant's recourse is in an appeal and not an application for review.
The application is therefore hereby declined. Each party to bear own costs of the application.
Issues in the judgment
#The court trying the matter is not expressly named in the ruling; only the station (Kisumu) and the judge (E. Asati, Judge) appear
The suit's case number is not stated anywhere in the ruling, making the matter difficult to trace
The application seeks damages 'to the Petitioner/Applicant' although the Applicants are defendants and not petitioners, an apparent mis-description
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onalo v Omollo & 6 others (Environment and Land Case 111 of 2013) [2025] KEELC 8423 (KLR)", Case Analysis (2025). Notice of Motion dated 9th April, 2025 (suit case number not stated in the ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8423/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.