Jepkosgei & 3 others v Maiyo & another (Environment and Land Case E022 of 2025) [2026] KEELC 3061 (KLR)
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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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
#Power of the court to correct an accidental slip in its own judgment
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.
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'.
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.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.
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.
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.
Issues in the judgment
#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.