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ELCOtherNot stated in the judgment· [2018] KEELC 2045 (KLR)
Reuben Kamwocere & 3 others v Hellena Wakina Mauricio [2018] KEELC 2045 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan judge refused to review a colleague's ruling, ruling that applications must go back to the original judge when they are still available.
What this practically means
#Executive summary
#The applicants, Reuben Kamwocere, Henry Njeru & 2 Others, filed a notice of motion dated 6th August 2018 seeking certification as urgent, an order setting aside or reviewing a ruling delivered on 1st February 2018 by Hon. Angima J, and an order protecting land parcel Gaturi/Nembure/2548 from further dealings by the Embu Land Registrar. They contended that a notice of motion dated 30th May 2017 filed by the respondent's advocate, together with its certificate of urgency, was illegal because such an application could not cancel a registration of land; only a plaint, they argued, could achieve that. The application was supported by a joint affidavit of the applicants. Although the applicants did not attend to prosecute the application, the judge considered it on the papers and held that it would be unorthodox for a judge of the same court, possessing horizontal jurisdiction equal to that of Hon. Angima J, to set aside or review that judge's ruling while the maker of the ruling was still available. The court therefore declined to determine the application itself and instead remitted the matter to Embu for handling by Hon. Justice Angima. Directions were issued that the applicants serve the application on the respondent and that it be heard inter partes at Embu on 4th September 2018. No costs order was made.
Key legal issues
#01
Whether the court should determine an application to set aside a ruling issued by a judge of the same court with equal jurisdiction
Holding
No; the proper course is to remit the application to the judge who issued the ruling
Reasoning
The court observed that the applicants sought to have a judge set aside a ruling made by a judge holding horizontal, i.e. coordinate, jurisdiction and authority. Because the judge who made the ruling was still available, it would be unorthodox for a different judge to determine the application. The matter was therefore referred back to Embu for hearing before Hon. Justice Angima.
p. 2
Legal principles established
#- A judge should not set aside or review a ruling made by a judge of coordinate jurisdiction when that judge is still available to handle the application
Court orders
#- 1.The matter was sent back to Embu so that the application could be handled by Hon. Justice Angima
- 2.The applicants were directed to serve the application upon the respondent
- 3.The application was directed to be heard inter partes at Embu on 4th September, 2018
- Jurisdiction invoked
- Not expressly stated; application for review/setting aside of a ruling made within the same court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Reuben Kamwocere & 3 others v Hellena Wakina Mauricio [2018] KEELC 2045 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2045/eng@2018-08-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.