Achuti & 29 others v County Government of Nakuru & another (Cause E039 of 2022) [2025] KEELRC 2262 (KLR)
The bottom line
#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 omission of an order on interest in the Judgment of 31st October 2023 is an error or mistake apparent on the face of the record, or whether there is sufficient reason, to warrant review
- 2.Whether the Claimants are entitled to interest at 6% per annum on the amounts awarded under Section 26(2) of the Civil Procedure Act and Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024
Key legal issues
#Whether the Court's silence on the pleaded prayer for interest warrants review
Yes. The judgment neither granted nor denied interest despite an express prayer, amounting to an error apparent on the face of the record or at least sufficient reason for review.
The Claimants pleaded interest in their Statement of Claim, but the judgment delivered on 31st October 2023 was silent on that head. The Court held parties are entitled to adjudication of expressly pleaded prayers, and the respondents' delay in satisfying the decree should not deprive the Claimants of accrual of interest. The omission therefore satisfies the review thresholds.
Whether interest at 6% per annum is payable under Section 26(2) of the Civil Procedure Act and Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024
Yes. Where a judgment is silent on interest and interest was expressly sought, interest at 6% per annum from the date of judgment is deemed ordered and may be granted at any time.
Section 26(2) deems interest at 6% per annum from the date of judgment where the judgment is silent on interest, particularly where the party expressly applied for interest in its pleadings. Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024 empowers the Court to issue at any time an order for payment of interest on any principal amount awarded, so the Court may grant the order on review.
Legal principles established
#- Where a judgment is silent on interest and a party expressly pleaded interest, interest at 6% per annum is deemed ordered from the date of judgment under Section 26(2) of the Civil Procedure Act.
- Silence of a judgment on an expressly pleaded prayer for interest constitutes an error apparent on the face of the record or sufficient reason for review.
Court orders
#- 1.The application filed by the Claimants dated 24th February 2025 is allowed
- 2.Costs to the Claimants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 45 Rule 1 of the Civil Procedure Rules; Rules 68(1)(f) and 74(1)(b) and (d) of the E&LRC (Procedure) Rules, 2024; Section 26(2) of the Civil Procedure Act
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.
It Is Ordered: a. The application filed by the Claimants dated 24th February 2025 is allowed. b. Costs to the Claimants.
The law, specifically Section 26 [2] of the Civil Procedure Act, states that where Judgment is silent on payment of interest, the Court shall be deemed to have ordered interest at 6% per annum, from the date of the Judgment.
Rule 68[1] [f] of the E&LRC [Procedure] Rules, allows the Court to issue, at any time, an order for payment of interest on any principal amount awarded by the Court.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Achuti & 29 others v County Government of Nakuru & another (Cause E039 of 2022) [2025] KEELRC 2262 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2262/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.