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ELCDismissedNot stated in judgment (E&L matter, Bungoma)· [2020] KEELC 3486 (KLR)

Margaret Nanyama Wanyama v Vincent Wekesa Barasa [2020] KEELC 3486 (KLR)

Environment and Land Court
20 February 2020
444 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Bungoma court refused to rewrite an old land judgment to mention a different parcel, showing courts cannot grant relief never actually decreed.

What this practically means

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Executive summary

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This ruling by Boaz N. Olao J of the Environment and Land Court at Bungoma arises from a judgment of the late Mukunya J dated 7th July 2015, in which the plaintiff succeeded and an order was subsequently made on 22nd November 2018 requiring the Deputy Registrar to sign transfer forms for a 0.375 acre portion of parcel No 124 SoySambu Scheme. The Deputy Registrar signed the order on 1st July 2019, but a letter from the Bungoma County Surveyor dated 10th December 2019 revealed that parcel No 124 no longer exists, having been subdivided on 31st October 2011 into parcels Nos 1878 to 1886, over which new titles had been issued. The judgment therefore could not be executed. The plaintiff, acting in person, sought an oral application on 3rd February 2020 that the court amend the Mukunya J judgment so the transfer reads parcel No 1878. The court had earlier attempted to procure pro bono counsel (Mr Bw'onchiri Advocate) for her, but she declined, and the court confirmed it cannot force a litigant to accept pro bono services. The court held that the order sought was not available because it was not what was decreed in the judgment, and declined the application with no order as to costs. The plaintiff must pursue execution or other appropriate remedies elsewhere; no amendment was made.

Key legal issues

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01

Whether the court may amend its (or a predecessor judge's) judgment to substitute a different land parcel where the decreed parcel no longer exists

Holding

The application was declined because the relief sought was not what was decreed in the judgment

Reasoning

The court had decreed transfer of 0.375 acres from parcel No 124 SoySambu Scheme pursuant to the judgment of the late Mukunya J. The County Surveyor reported that parcel No 124 no longer exists, having been subdivided on 31st October 2011 into parcels 1878–1886 with new titles issued, meaning the judgment cannot be executed. The plaintiff sought to have the judgment amended to read parcel 1878, but the court held the order sought was not what was decreed and declined the application.

p. 1
02

Whether the court can impose pro bono counsel on an unrepresented litigant

Holding

No; the plaintiff declined counsel's assistance and the court allowed her to proceed in person

Reasoning

The court, recognising the plaintiff's difficulties as a litigant acting in person, requested Mr Bw'onchiri Advocate to act pro bono. The plaintiff declined despite several requests. The court held it cannot force a litigant to accept pro bono services and permitted her to proceed with her brief oral application.

p. 1

Legal principles established

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  • A court cannot force a litigant to accept pro bono legal assistance
  • A court cannot grant an order that was not decreed in the judgment

Court orders

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  1. 1.The plaintiff's oral application made on 3rd February 2020 is declined
  2. 2.No order as to costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court in the pending suit (not stated by provision in the judgment)

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, "Margaret Nanyama Wanyama v Vincent Wekesa Barasa [2020] KEELC 3486 (KLR)", Case Analysis (2020). Not stated in judgment (E&L matter, Bungoma). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3486/eng@2020-02-20

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