Michael Kirara Muraya v County Commissioner Murang’a County & another [2017] KEELC 2645 (KLR)
The bottom line
#A Kenyan court refused to review its judgment because late-filed court submissions were the party's own fault, not the court's mistake.
What this practically means
#Executive summary
#Key legal issues
#Requirements for review under Order 45 Rule 1(1)
An applicant must prove discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason, and file without unreasonable delay; none was established.
The court restated the triple test from Order 45 Rule 1(1) as amplified by the Court of Appeal in Francis Origo v Jacob Mungala. The Respondents' submissions were never on the file when judgment was drafted, so their non-consideration was neither new matter nor a Court error. The six-month unexplained delay was itself fatal.
Whether failure to consider late-stamped submissions is an error attributable to the Court
No; the fault lay with the Respondents who lodged submissions in the registry after the Court had risen, and with the registry for accepting them.
The registry officer explained, and the Court accepted, that the submissions were stamped after the Court had risen once the judgment date had been taken. The file was in the judge's custody, so the Court could not have considered them. The error is attributed to the Respondents' non-compliance with timelines, not to the Court.
Legal principles established
#- Misconstruing a statute or provision of law is not a ground for review
- A mistake or error under Order 45 Rule 1(1) must be one attributable to the Court, self-evident on the record and requiring no elaborate argument
- Once a judgment date is taken, no further pleadings or submissions may be received by the registry except with the direction of the judicial officer
Court orders
#- 1.The application dated 14th September 2016 and filed on 5th October 2016 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Order 45 Rule 1 of the Civil Procedure Rules and Article 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Kirara Muraya v County Commissioner Murang’a County & another [2017] KEELC 2645 (KLR)", Case Analysis (2017). ELCA 21 of 2015 (implied from registry reference JUD/KER/ELCA/21/15). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2645/eng@2017-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.