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Supreme CourtDismissedPetition (Application) 6 of 2014· [2024] KESC 2 (KLR)

Outa v Okello & 3 others

Supreme Court of Kenya
16 February 2024
William OukoW. Ouko
867 words in judgment
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The bottom line

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Supreme Court dismisses bid to revoke costs certificate over name error, calling it frivolous.

What this practically means

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The Supreme Court dismissed an application to revoke a certificate of costs because the certificate correctly used the name from the original judgment. The applicant argued that an earlier bill of costs had a wrong name, but the court said that was a minor slip that did not affect the final certificate. The court found the application lacked merit and was made in bad faith, ordering the applicant to pay the other side's legal costs.

Executive summary

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This ruling by a single Judge of the Supreme Court (Ouko, SCJ) dismissed an application by the 1st respondent, Jared Odoyo Okello, seeking to revoke a certificate of costs issued on October 9, 2023, and to have it corrected to read 'Jared Otieno Odoto'. The application arose from taxation proceedings in an election petition appeal where the appellant, Fredrick Otieno Outa, was awarded costs. The 1st respondent argued that the appellant's bill of costs erroneously named him as 'Jared Otieno Odoto', a stranger to the proceedings, and that the certificate of costs was issued without a formal order and without his participation. The appellant opposed the application, contending that the decision of a single Judge on a reference on taxation is final under rule 62(2) of the Supreme Court Rules, and that the name in the certificate correctly reflected the judgment of July 3, 2014. The court found that the judgment of July 3, 2014, named the 1st respondent as Jared Odoyo Okello, and the final certificate of costs correctly reflected that name. The court characterized the application as frivolous, vexatious, and made in bad faith, noting that the error in the bill of costs was a slip rule matter. The application was dismissed with costs to the 1st respondent.

Key legal issues

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01

Whether the court has jurisdiction to entertain an application to revoke a certificate of costs after a single Judge's decision on a reference on taxation, which is final under rule 62(2) of the Supreme Court Rules.

Holding

The court did not directly rule on the jurisdictional objection but dismissed the application on its merits, finding it frivolous and vexatious.

Reasoning

The appellant argued that under rule 62(2) the decision of a single Judge on a reference on taxation is final, so the court lacks jurisdiction. However, the court did not address this point explicitly; instead, it found the application lacked substance and was made in bad faith, and dismissed it on that basis.

p. 3
02

Whether the certificate of costs should be revoked or corrected due to an alleged error in the name of the 1st respondent.

Holding

The certificate of costs correctly named the 1st respondent as Jared Odoyo Okello, reflecting the judgment of the court, and the application to revoke or correct it was dismissed as frivolous.

Reasoning

The court noted that the judgment of July 3, 2014, named the 1st respondent as Jared Odoyo Okello. The appellant's bill of costs inadvertently used the name 'Jared Otieno Odoto', but the final certificate correctly used the name from the judgment. The court characterized this as a slip rule matter and found the application lacked substance.

p. 3

Legal principles established

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  • A certificate of costs that matches the judgment's party name is valid even if an earlier bill had a typo.
  • An error in a bill of costs that does not carry into the final certificate is a slip rule issue, not grounds for revocation.
  • Courts can dismiss an application as frivolous and vexatious without first deciding on jurisdictional objections.
  • The final certificate of costs is the conclusive record of the court's decision on costs.

Court orders

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  1. 1.The motion dated November 24, 2023 be and is hereby dismissed
  2. 2.The 1st respondent shall bear the costs of this motion

Authorities

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Legislation

  • Supreme Court ActSection 3A
  • Supreme Court ActSection 10(2)
  • Supreme Court ActSection 21(2) & (4)
  • Supreme Court ActSection 21A(a)
  • Supreme Court ActSection 23(2)(e) & (i)
  • Supreme Court Rules, 2020Rule 62(2)
  • Supreme Court Rules, 2020Third Schedule on Taxation of Costs
Jurisdiction invoked
sections 3A, 10(2), 21(2) & (4), 21A(a) and 23(2)(e) & (i) of the Supreme Court Act and rule 62(2) of the Supreme Court Rules, 2020

Key timeline

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2014-07-03
Judgment in election petition appeal naming 1st respondent as Jared Odoyo Okello.
2023-10-09
Certificate of costs issued correctly reflecting the judgment name.
2023-11-24
Motion filed to revoke the certificate of costs.
Ruling date
Supreme Court dismisses the motion as frivolous, with costs to the 1st respondent.

Practical implications

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For lawyers

Challenge costs certificates carefully

When challenging a certificate of costs, ensure the error is in the final certificate, not just in an earlier bill. The court will treat minor name discrepancies as slip rule matters. Also, filing a motion that appears baseless may be dismissed as frivolous, with adverse costs orders. Consider jurisdictional limits under rule 62(2) before bringing such applications.

For businesses

Costs orders are final once certified

If you are awarded costs in litigation, the final certificate of costs is binding. Opponents cannot easily revoke it based on minor errors in earlier documents. This ruling reinforces that once a certificate is issued matching the judgment, it is stable. Businesses should ensure their legal teams verify names and details early to avoid unnecessary disputes.

For individuals

Name errors in court papers

If your name is misspelled in a bill of costs but the final certificate uses the correct name from the judgment, you cannot use that error to cancel the certificate. The court sees this as a simple slip. To avoid confusion, always check that your name is correct in all court documents from the start. If an error occurs, ask for a correction early rather than waiting.

Frequently asked questions

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Can a certificate of costs be revoked in Kenya?+

Only if the certificate itself contains a material error that does not reflect the court's judgment. Minor mistakes in earlier bills, like a name typo that is corrected in the final certificate, are not grounds for revocation. The court will dismiss such applications as frivolous.

What is the slip rule in Kenyan courts?+

The slip rule allows a court to correct accidental mistakes or omissions in its judgments or orders. In this case, a wrong name in a bill of costs was considered a slip that did not affect the final certificate. The rule prevents parties from using minor errors to undo valid court decisions.

How to correct an error in a bill of costs in Kenya?+

If the error is in the bill of costs but not in the final certificate, you may not need to do anything. If the final certificate has an error, you can apply to the court for correction under the slip rule. Act promptly and show that the mistake is accidental and does not change the substance of the decision.

What happens if a party's name is wrong in a court document in Kenya?+

If the error is minor and the correct identity is clear, the court may treat it as a slip and allow correction. However, if the error is in a final document like a certificate of costs, you must apply for correction. The court will not revoke the entire document unless the error is fundamental.

Later judgments citing this (25)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Outa v Okello & 3 others", Case Analysis (2024). Petition (Application) 6 of 2014. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2024/2/eng@2024-02-16

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