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Court of AppealAllowedNot stated in judgment· [2026] KECA 1112 (KLR)

George Wainaina Chege & 1 other v John Kanyoro & 3 others

Court of Appeal of Kenya
12 June 2026
SKS. ole Kantai
225 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed appellants to fix a wrongly spelled party name in their appeal, confirming courts will permit corrections where nobody is prejudiced.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi, delivered by S. ole Kantai, JA, on 12th June 2026, on a Notice of Motion by George Wainaina Chege and Elizabeth Wanjuhi Ngigi, the latter suing as personal representative of Paul Ngigi Mungai. The applicants, relying on rules 44 and 46 of the Court of Appeal Rules, sought leave to amend their Memorandum of Appeal and Record of Appeal dated 5th September 2025 so as to be deemed duly filed and served. The defect was that the pleadings wrongly recorded the 2nd applicant's name as 'Elizabeth Wanjuhi Chege' rather than her correct name, 'Elizabeth Wanjuhi Ngigi'. The applicants filed written submissions in support. The court held that the amendment merely reflected the correct name of the 2nd applicant and that no party could suffer prejudice from the correction. Allowing the amendment, the court directed that the amended record of appeal be served within seven days if not already served, and ordered that costs of the Motion be in the appeal. No authorities were cited, no lower-court decision was disturbed, and no separate opinions were written. The ruling is a routine interlocutory decision on amendment and does not lay down any significant binding precedent beyond the observation that a corrective amendment causing no prejudice should be granted.

Key legal issues

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01

Whether to allow amendment of the Memorandum and Record of Appeal to rectify the 2nd applicant's name

Holding

The application for amendment was granted because correcting the misnamed party causes no prejudice to any other party.

Reasoning

The applicants explained that the pleadings erroneously recorded the 2nd applicant's name as Elizabeth Wanjuhi Chege when her correct name is Elizabeth Wanjuhi Ngigi. The court, sitting singly, considered the grounds, the supporting affidavit and the written submissions, and concluded that the correction was innocuous and merited since no party would suffer prejudice if the amendment were allowed.

p. 2

Legal principles established

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  • An amendment to correct the name of a party on appeal will be allowed where no prejudice is suffered by any other party.

Court orders

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  1. 1.The amendment of the Memorandum of Appeal and Record of Appeal dated 5th September, 2025 is allowed as prayed
  2. 2.The amended Record of Appeal to be served within seven (7) days of the date of the ruling, if not already served
  3. 3.Costs of the Motion are in the appeal
Jurisdiction invoked
Rules 44 and 46 of the Court of Appeal Rules (inherent/appellate rules basis invoked by the Motion; no constitutional or statutory provision stated)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "George Wainaina Chege & 1 other v John Kanyoro & 3 others", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1112/eng@2026-06-12

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