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Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in judgment (references Nairobi CMCC No. 2647 of 1998 as the subordinate court suit)· [2025] KECA 517 (KLR)

Karanja v Murigi

Court of Appeal of Kenya
21 March 2025
2,092 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal refused to reopen a decades-old road accident judgment, confirming that review applications require genuinely new evidence—not facts you already knew.

What this practically means

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Executive summary

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This was a second appeal from a High Court judgment of 2nd November 2018 which had dismissed the appellant's appeal against a ruling of the Magistrate's Court refusing to review its earlier refusal to set aside a 2003 judgment entered against the appellant in a road traffic accident claim. The appellant, who claimed he had never instructed the advocate who defended the suit, applied for review on grounds of discovery of new and important evidence and error apparent on the face of the record. The trial court dismissed the application, partly on res judicata grounds, and the High Court affirmed, while observing that the trial court's res judicata finding was flawed but that other grounds independently sustained the dismissal. The Court of Appeal, comprising M'Inoti, Ngugi and Tuiyott JJA, held that its mandate was limited to matters of law. It agreed with the first appellate court that the appellant had not satisfied the conditions for review: the material he alleged to be new was within his knowledge, and he identified no self-evident error on the record. On res judicata, the Court went further than the High Court, holding that the first appellate court would have erred had it allowed the appeal, since the review application sought to re-litigate matters raised in the earlier application. The Court also noted that the appellant's submissions on fraudulent representation at trial raised matters never litigated in the review application or the first appeal. The appeal was dismissed with costs to the respondent.

Key legal issues

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01

Scope of the Court of Appeal's jurisdiction on a second appeal

Holding

The Court is confined to matters of law only and will not revisit factual findings of the two courts below

Reasoning

Relying on Kenya Breweries Limited v Godfrey Odoyo, the Court restated that a second appeal does not permit delving into matters of fact unless the lower courts considered matters they should not have, or failed to consider matters they should have, or the decision is perverse. The appellant's attempt to raise fraudulent representation, a matter never litigated below, fell outside this mandate.

p. 3
02

Whether the appellant satisfied the statutory grounds for review under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules

Holding

No; the alleged new and important matter was within the appellant's knowledge, and no error apparent on the face of the record was specified

Reasoning

The Court enumerated the three grounds for review: discovery of new and important evidence not available despite due diligence; a mistake or error apparent on the face of the record; and any other sufficient reason. The material the appellant relied on was within his knowledge before the application, and he did not identify any self-evident error. The first appellate court correctly upheld the trial magistrate's dismissal of the review application.

p. 3
03

Whether the High Court erred in dismissing the appeal despite holding that the res judicata finding was erroneous

Holding

No; the res judicata finding was not the sole basis for dismissal, and the Court considered the res judicata finding itself justified

Reasoning

The Court noted that the trial court had relied on other grounds besides res judicata in dismissing the review application. Further, in the Court's own view, the application dated 9th May 2012 sought to re-litigate matters already raised in the earlier application dated 31st October 2012, so the res judicata finding was itself sound. The first appellate court would have erred had it allowed the appeal on that basis.

p. 4

Legal principles established

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  • On a second appeal, the Court of Appeal is confined to matters of law and will not interfere with findings of fact of the two courts below
  • Review on the ground of discovery of new and important evidence requires that the evidence was not available despite due diligence, and material within the applicant's knowledge does not qualify
  • An error apparent on the face of the record, as a ground for review, must be self-evident and not require extensive argument
  • Where a trial court dismisses a review application on several grounds, an erroneous finding on one ground (such as res judicata) does not warrant setting the decision aside

Court orders

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  1. 1.Appeal dismissed with costs to the respondent
On appeal from
High Court of Kenya
Not stated in judgment
Jurisdiction invoked
Second appeal to the Court of Appeal under the Civil Procedure Act (matters of law only); judgment does not cite the specific provision

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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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, "Karanja v Murigi", Case Analysis (2025). Not stated in judgment (references Nairobi CMCC No. 2647 of 1998 as the subordinate court suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/517/eng@2025-03-21

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