Florence Seyanoi Kibera v Deborah Achieng Aduda & another [2019] KECA 723 (KLR)
The bottom line
#Kenya's Court of Appeal refused to revisit its own ruling, confirming that final judgments cannot be re-argued through disguised review applications.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court of Appeal has residual jurisdiction to review its own decisions
The Court has residual jurisdiction to review its decisions to which there is no appeal, to correct errors of law that have occasioned real injustice, to be exercised cautiously and only where it promotes public interest and confidence in the justice system.
Relying on Benjoh Amalgamated Ltd v Kenya Commercial Bank Ltd, the Court affirmed that where a court is of final resort it has residual jurisdiction to reopen decided matters in cases of fraud, bias or other injustice, balancing the finality principle against the justice principle. Since the Court of Appeal is not the final court, this jurisdiction exists but must be invoked with circumspection.
Whether the application met the threshold for review
It did not; it was a circuitous challenge to the merits of the 8th March 2019 ruling, brought in bad faith for an improper ulterior motive and constituting an abuse of process.
The Court found that the applicant's real grievance - the alleged existence of two conflicting rulings - was unsupported by evidence, since the ruling on record was dated 8th March 2019 and signed by all three bench members. The application, couched as a review, actually sought to re-litigate the merits of the dismissed Rule 5(2)(b) application, which the Court, being functus officio, could not entertain absent the laid-down thresholds.
Whether a second, conflicting ruling was delivered on 8th March 2019 allowing the applicant's motion
No; the applicant produced no evidence of any ruling contrary to the one on record, dated 8th March 2019 and signed by all three members of the bench.
The respondent maintained that only one ruling was delivered that day, dismissing the motion, and that the burden lay on the applicant to prove the existence of a second ruling allowing her application. The Court agreed, finding the applicant had not furnished any proof of a ruling contrary to the one on record.
Legal principles established
#- A court, after passing judgment, becomes functus officio and cannot revisit the judgment on merits or exercise judicial power over the same matter save as provided by law
- The Court of Appeal, not being the final court, has residual jurisdiction to review its own decisions where there is no appeal, to correct errors of law occasioning real injustice, to be exercised cautiously
- Pursuing a claim in bad faith, with no genuine belief in its merits, or for an improper ulterior motive, is an abuse of the process of the court, against which the court has the right to protect itself
Court orders
#- 1.The application for review is dismissed with costs to the respondents
- On appeal from
- Court of Appeal (ruling under review, same court)
- Civil Application No. 211 of 2018
- Jurisdiction invoked
- Rule 47(1) and (2) of the Court of Appeal Rules (application for review of a ruling of the Court of Appeal); inherent powers under section 3 of the Appellate Jurisdiction Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Florence Seyanoi Kibera v Deborah Achieng Aduda & another [2019] KECA 723 (KLR)", Case Analysis (2019). Civil Application No. 211 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/723/eng@2019-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.