Geoffrey Karanja Mwaura v Rahab Muthoni Mbatia & 2 others
The bottom line
#Kenya's Court of Appeal confirmed it can fix clerical errors in its rulings at any time, even without notifying the other side, if no one is prejudiced.
What this practically means
#Executive summary
#Key legal issues
#Scope of the Court's power under Rule 35(1) to correct typographical errors
The Court has power under Rule 35(1) to correct a clerical mistake or accidental slip so as to give effect to its intention, and exercised that power to correct the misdescription of counsel appearing for the applicant.
The Court quoted Rule 35(1) in full and noted that counsel for the applicant, Ms Koki Mbulu, had been erroneously recorded as acting for the 1st respondent, while Mr Mwicigi was correctly described elsewhere in the same page as appearing for the 1st respondent. Correcting the entry merely gives effect to the Court's intention and does not affect the substratum of the ruling. The Court accordingly corrected the sentence.
Legal principles established
#- A clerical mistake or accidental slip in a judgment or ruling may be corrected by the Court at any time, on its own motion or on application, so as to give effect to the Court's intention when judgment was given.
- A minor correction under Rule 35(1) may be made even where the request was not copied to the opposite party, if no prejudice is occasioned and the substratum of the ruling is unaffected.
Court orders
#- 1.Correction of the ruling of 16th April 2021 at page 2, lines 4-6, so that the sentence reads: 'Learned counsel Miss Koki appeared for the applicant while learned counsel, Mr. Mwicigi appeared for the 1st respondent.'
- 2.No order as to costs
- On appeal from
- Environment and Land Court
- Thika ELC No. 509 of 2017
- Jurisdiction invoked
- Rule 35(1) of the Court of Appeal Rules, 2010 (correction of clerical or arithmetical mistake or accidental slip or omission)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geoffrey Karanja Mwaura v Rahab Muthoni Mbatia & 2 others", Case Analysis (2021). Civil Application No. E363 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/517/eng@2021-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.