Jepkemboi & another v Arap Ngisirei (Environment and Land Case E004 of 2023) [2026] KEELC 5190 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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.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
#Correction of an accidental slip in a ruling
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.
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.
Legal principles established
#- 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
#- 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.The application dated 13th October 2025 was merited and allowed with no orders as to costs
- 3.The instant file is closed
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.
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.
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.
Thus, as the application dated 13th October 2025 was merited and allowed with no orders as to costs, the instant file is closed.
Issues in the judgment
#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.
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'.
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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.