Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment

Jepkosgei & 3 others v Maiyo & another (Environment and Land Case E022 of 2025) [2026] KEELC 3061 (KLR)

High Court of Kenya
21 May 2026
237 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court confirmed that clerical errors like a wrongly printed date in a judgment can be corrected anytime under Section 99 of the Civil Procedure Act.

What this practically means

#

Executive summary

#
This is a brief ruling under the slip rule. The court had earlier delivered judgment in favour of the plaintiffs against the defendants on 7th October 2025, but the month printed at the foot of that judgment was erroneously shown as 'September' instead of 'October'. Treating this as an accidental slip, the court invoked Section 99 of the Civil Procedure Act, Chapter 21, which empowers the court, either on its own motion or on the application of any party, to correct clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from an accidental slip or omission, at any time. Citing the Supreme Court decision in Outa vs Okello & 3 others {2017} KESC 25 (KLR), the court reiterated that the purpose of such correction is to give effect to the true intention of the court at the time of delivery of the judgment and to steer the decision towards logical and clerical perfection. The court accordingly corrected the slip by replacing the month 'September' with 'October' at the foot of the judgment of 7th October 2025. No costs order is recorded. The ruling does not disturb the substantive judgment, which remains intact; only the typographical error in the date was corrected. The parties' names and the case number are not reproduced in the ruling.

Questions the Court framed

#

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

  1. 1.Whether the month shown at the foot of the judgment dated 7th October 2025, erroneously printed as 'September', was an accidental slip correctable under Section 99 of the Civil Procedure Act

Key legal issues

#
01

Power of the court to correct an accidental slip in its own judgment

Holding

The court has jurisdiction under Section 99 of the Civil Procedure Act to correct, of its own motion or on application, a clerical error in its judgment; the misprinting of 'October' as 'September' at the foot of the judgment was such a slip and was corrected.

Reasoning

The court noted that it had delivered judgment in favour of the plaintiffs against the defendants on 7th October 2025, but the month at the foot of the judgment was erroneously shown as September. Invoking Section 99 of the Civil Procedure Act, and the objective of giving effect to the court's true intention as recognised in Outa vs Okello & 3 others, the court corrected the slip by replacing the month 'September' with 'October'.

p. 2

Legal principles established

#
  • Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from an accidental slip or omission, may at any time be corrected by the court either on its own motion or on the application of a party (Section 99, Civil Procedure Act).
  • The objective of a slip-rule correction is to give effect to the true intention of the court at the time of delivery of the judgment.

Court orders

#
  1. 1.Correction of the accidental slip in the judgment delivered on 7th October 2025 by replacing the month 'September' with the month 'October' at the foot of the judgment

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Section 99 of the Civil Procedure Act, Chapter 21, Laws of Kenya (Slip Rule)

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.

Wherefore, the accidental slip or error at the foot of this Honourable court's judgment delivered on 7th October 2025 erroneously shown as 7th September 2025, is hereby corrected by replacing the Month 'September' with the Month 'October' therein.
p. 2Final order - slip rule correction
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.
p. 1Section 99 Civil Procedure Act - statutory basis for correction

Issues in the judgment

#
minor

The judgment misstates the date of delivery at the foot of the ruling as '21ST DAY OF MAY 2026', which post-dates the judgment of 7th October 2025 by over seven months; this may itself be an inadvertent error in the date printed (possibly intended to be a month in late 2025), though no correction of it is made on the face of the document.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jepkosgei & 3 others v Maiyo & another (Environment and Land Case E022 of 2025) [2026] KEELC 3061 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3061/eng@2026-05-21

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