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ELCAllowedEldoret Coaca No. E062 of 2025

Jepkemboi & another v Arap Ngisirei (Environment and Land Case E004 of 2023) [2026] KEELC 5190 (KLR)

High Court of Kenya (not expressly stated in the judgment)
5 August 2026
542 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court corrected a typing mistake in its own ruling, confirming a stay of execution, showing courts can fix obvious clerical errors anytime without changing decisions.

What this practically means

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Executive summary

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This short ruling arises from an application by Notice of Motion dated 13th October 2025 in which the applicant/defendant, through Rotich Langat and Partners Advocates, sought stay of execution of a Certificate of Costs and orders issued on 29th September 2025, pending the hearing and determination of Eldoret Coaca No. E062 of 2025 (Julius Kipkemboi, suing as Administrator of the Estate of Kibet Arap Gisirei (Deceased) vs Jane Jepkemboi and Bethwel Kibichy). By a ruling delivered on 29th July 2026, the court had allowed those principal orders, noting that the existence of the appeal was common ground and that the respondent was anxious to execute the decree and certificate of costs, and relying on the Goldenberg and Moi High School Kabarak decisions on safeguarding the subject matter of an appeal. The present ruling addresses an apparent error in paragraph 5 of that ruling, namely the words 'allow the application' appearing after 'Counsel relied on' and before 'Order 42'. Invoking the Slip Rule as explained by the Supreme Court in Vision 2030 Delivery Board vs Commission on Administrative Justice (relying on Fredrick Outa vs Jared Odongo Okello) and section 99 of the Civil Procedure Act, the court held it may correct obvious errors on its own motion where the correction does not alter the substance or intention of the decision. The court deleted the erroneous words, confirmed that the application dated 13th October 2025 was merited and allowed with no orders as to costs, and closed the file. Judgment delivered virtually on 5th August 2026 by Hon. G M A Ongondo, Judge.

Questions the Court framed

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

  1. 1.Whether there is an error apparent on the face of paragraph 5 of the ruling delivered on 29th July 2026 capable of correction under the Slip Rule
  2. 2.Whether the words 'allow the application' in paragraph 5 of the ruling should be deleted to give effect to the court's intention

Key legal issues

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01

Correction of an accidental slip in a ruling

Holding

The court corrected, by deletion, the words 'allow the application' in paragraph 5 of its ruling of 29th July 2026, as an error apparent on the face of the ruling.

Reasoning

The court found an error or accidental slip in paragraph 5 of its earlier ruling. Relying on the Supreme Court's decision in Vision 2030 Delivery Board vs Commission on Administrative Justice (which relied on Fredrick Outa vs Jared Odongo Okello), and on section 99 of the Civil Procedure Act, the court held it may correct such an error at any time, even on its own motion, so long as the correction does not alter the substance of the ruling.

p. 2

Legal principles established

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  • The Slip Rule permits a court to correct errors apparent on the face of a judgment, ruling or order, provided the correction does not change the substance of the judgment or alter the court's clear intention

Court orders

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  1. 1.The words 'allow the application' immediately after the words 'Counsel relied on' and immediately before the words 'Order 42' in paragraph 5 of the ruling rendered on 29th July 2026 are corrected by deletion of the same
  2. 2.The application dated 13th October 2025 was merited and allowed with no orders as to costs
  3. 3.The instant file is closed

The bench

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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

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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 words 'allow the application' immediately after the words 'Counsel relied on' and immediately before the words 'Order 42' in paragraph 5 of the ruling rendered on 29th July 2026 herein, are hereby corrected by deletion of the same.
p. 2Final orders - correction of slip
By its nature the 'Slip Rule' permits a court of law to correct errors that are apparent on the face of the judgment, ruling or order of the court.
p. 2Nature of the Slip Rule
Thus, as the application dated 13th October 2025 was merited and allowed with no orders as to costs, the instant file is closed.
p. 2Disposition and closure of file

Issues in the judgment

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minor

The identity of the applicant/defendant in the Notice of Motion dated 13th October 2025 is not stated in the judgment; only the respondent (plaintiff) and the second and third defendants are named.

minor

The court before which this matter was heard is not expressly stated; the judgment is signed only 'HON. G M A ONGONDO, JUDGE' and refers to the appeal as 'Eldoret Coaca No. E062 of 2025'.

material

The judgment refers to a ruling 'allowed... by the ruling delivered on 29th day of July 2026' while the application sought stay 'further to the ruling of 12th September 2025'; the chronology of rulings is unclear and dates such as 2026 appear inconsistent with a 2025 filing timeline.

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, "Jepkemboi & another v Arap Ngisirei (Environment and Land Case E004 of 2023) [2026] KEELC 5190 (KLR)", Case Analysis (2026). Eldoret Coaca No. E062 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5190/eng@2026-08-05

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