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ELCPartially AllowedNot stated in the judgment

Marakot (Suing as the Duly Appointed Legal Administrator to the Estate of Noondasati Makalto Makalo - Deceased) v Loolamala & 2 others (Environment and Land Case 197 of 2018) [2026] KEELC 2550 (KLR)

Environment and Land Court
30 April 2026
1,467 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court corrected one wrong word in its own judgment so a family could finally register inherited land.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.D. Mwangi, J) determines a Notice of Motion dated 28th January 2026 by Parsimei Makarot, administrator of the estate of Noondasati Makalto Makalo, seeking review of the judgment of 3rd March 2022 which had directed that title to L.R. Kajiado/Dalalekutuk/3019, 9510 and 9511 'revert' to the deceased. The applicant contended that the 'revert' direction was an error apparent on the face of the record and impossible to execute because the deceased was never registered as proprietor. The 1st Defendant opposed, arguing lack of jurisdiction, inordinate delay (nearly four years) and failure of the statutory review threshold. The court framed one issue: whether the legal threshold for review was met. Applying Section 80 of the Civil Procedure Act and Order 45 Rule 1, the court held the error manifest — 'revert' presupposes a prior registered state — and that the impossibility of enforcement was a sufficient reason for review. The delay was excused because the need for review crystallised when the Land Registrar rejected the decree during execution. Relying on Telkom Kenya Limited v John Ochanda, the court held functus officio does not bar corrective, non-merit-based engagement. The application was allowed: 'revert' was substituted with 'register' and an amended decree was ordered issued. The disposition makes no express costs order despite the applicant's prayer that costs be in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the applicant has met the legal threshold for review of the impugned judgement

Key legal issues

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Whether the applicant met the legal threshold for review of the judgment of 3rd March 2022

Holding

The threshold was met: the direction to 'revert' the title was a manifest error since the deceased never held title, and the impossibility of execution constituted a sufficient reason for review

Reasoning

The court found the error manifest — the word 'revert' presupposes a prior registered state, which never existed, making the order a mechanical and factual impossibility. Substituting 'register' for 'revert' does not reopen the merits but gives effect to the judgment's clear intention. Delay since 2022 was excused because the need for review arose only when the Land Registrar rejected the decree during execution. Functus officio does not bar corrective variation.

p. 4

Legal principles established

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  • An error apparent on the face of the record must be self-evident and manifest, not requiring elaborate argument
  • The inability to enforce a final decree due to a terminological mismatch is a 'sufficient reason' for review
  • The functus officio doctrine does not bar a court from corrective, non-merit-based engagement with a decided case

Court orders

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  1. 1.The Judgment dated 3rd March 2022 is reviewed and varied by substituting the word 'revert' with the word 'register' to enable the Land Registrar, Kajiado, to effect the registration of L.R. Kajiado/Dalalekutuk/3019, 9510, and 9511 in the name of the deceased, Noondasati Makalto Makalo
  2. 2.An amended decree to be issued with the above variation

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 80 of the Civil Procedure Act (Cap 21) and Order 45 Rule 1 of the Civil Procedure Rules, 2010

Relief refused

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Costs of the application (sought to be in the cause; no costs order made)

The judgment's final orders are silent on costs

Costs

No costs order appears in the final orders; costs were sought to be 'in the cause' but the disposition is silent.

Quotable passages

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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 Judgment dated 3rd March 2022 is hereby reviewed and varied by substituting the word "revert" with the word "register" to enable the Land Registrar, Kajiado, to efiect the registration of L.R. Kajiado/Dalalekutuk/3019, 9510, and 9511 in the name of the deceased, Noondasati Makalto Makalo
p. 4Final orders - review granted
To "revert" a title to someone who never held it is a mechanical and factual impossibility
p. 3Error apparent on the face of the record
A dispute is not truly resolved if the final decree is unenforceable
p. 3Sufficient reason for review
An amended decree will accordingly be issued with the above variation
p. 4Amended decree

Issues in the judgment

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minor

The judgment headnote describes the application as one for review of 'the Judgment delivered by Honorable M.N. Gicheru at the Kajiado Environment and Land Court on 3rd March 2022' by M.D. Mwangi J, but the ruling itself is styled as the court that passed the judgment being asked to review its own judgment; the two judges are not reconciled on the record

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Marakot (Suing as the Duly Appointed Legal Administrator to the Estate of Noondasati Makalto Makalo - Deceased) v Loolamala & 2 others (Environment and Land Case 197 of 2018) [2026] KEELC 2550 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2550/eng@2026-04-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.