Felisio Ngari Ireri v Bernard Kabata Murage & 3 others
The bottom line
#Kenya's Court of Appeal corrected its own earlier ruling so a land injunction now clearly covers all parcels carved out of Mbeere/Kirima/1168.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court could rectify the list of parcels in its earlier ruling by way of an addendum
Yes. The addendum was limited to rectifying the list of parcels covered by the ruling to match the parcels prayed for in the application that had been allowed.
The Court noted that the ruling of 17th March 2026 had allowed the applicants' Motion dated 17th December 2025, but the list of parcels set out in paragraphs 1 and 11 of the ruling did not fully match the parcels cited in the applicants' prayer. The applicants requested rectification by letter dated 25th March 2026, which was served on the respondents as shown by an Affidavit of Service, and no response was filed. The Court accordingly rectified the paragraphs to reflect the parcels as sought in the application, leaving the rest of the ruling, including costs, untouched.
Legal principles established
#- The Court may, on request by a party and without response from the other side where none is filed, issue an addendum to rectify an accidental omission or misdescription in its own ruling so that the order conforms to the relief actually sought and granted.
Court orders
#- 1.Rectification of paragraphs 1 and 11 of the ruling of 17th March 2026 so as to set out all the parcels cited by the applicants in their application
- 2.The ruling is now to be understood to cover all parcels resultant from Mbeere/Kirima/1168, being 6153 to 6175, 6328, 6361, 6362, 6444, 7022, 7052, 7053, 7115, 7116, 7212 and 8132
- 3.Paragraph 11 of the ruling rectified to read that an injunction is issued against the 1st respondent restraining him from transferring, dealing, entering on and/or interfering in any way with the said titles pending hearing of the Appeal
- 4.The rest of the ruling of 17th March 2026, including the orders on costs, remains unaffected
- 5.Parties at liberty to extract the relevant orders based on this addendum
- Jurisdiction invoked
- Inherent power of the Court to rectify and complete its own ruling; no specific constitutional or statutory provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Felisio Ngari Ireri v Bernard Kabata Murage & 3 others", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1067/eng@2026-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.