Ngoma (Suing as the Daughter and Legal Representative of the Estate of Alice Mbinya Ngoma – Deceased) v Matheka & 6 others (Environment and Land Case 33 of 2017) [2026] KEELC 2442 (KLR)
The bottom line
#A Kenyan court corrected its own land judgment after realising it forgot to grant part of the relief the winning party had asked for, making the ruling enforceable.
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 demonstrated that there is an error apparent on the face of the record
Key legal issues
#Whether there is an error apparent on the face of the record justifying review
Yes - the judgment granted prayer (a) but omitted prayer (b), leaving the judgment incapable of implementation
The court found that having cancelled titles Kisau/Mangani/374, 935 and 936 under prayer (a), prayer (b) was necessary for the judgment to be executable, as it would make the process of succession of the Estate of Alice Mbinya Ngoma effective. Its omission left the judgment hanging and incapable of implementation, which amounts to an error apparent on the face of the record justifying review under the principles in National Bank of Kenya v Ndungu Njau.
Legal principles established
#- Review is available only for correction of an obvious and apparent error, not for re-argument or re-examination of evidence and law already decided.
Court orders
#- 1.Application dated 4th December 2025 allowed in terms of prayer 2 and 3
- 2.Review of the judgment delivered on 26th January 2023 and orders of 23rd February 2023 to include grant of prayer (b) of the plaint
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Review jurisdiction under the Civil Procedure Act and Rules (provisions not expressly stated in the judgment)
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.
It is so ordered.
I therefore find merit in the application dated 4th December, 2025 which is allowed in terms of prayer 2 and 3.
There is clearly an error apparent on the record.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngoma (Suing as the Daughter and Legal Representative of the Estate of Alice Mbinya Ngoma – Deceased) v Matheka & 6 others (Environment and Land Case 33 of 2017) [2026] KEELC 2442 (KLR)", Case Analysis (2026). ELC NO. 33 OF 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2442/eng@2026-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.