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ELCDismissedApplication dated 19.3.2020 (arising from notice of motion dated 22.6.2015)· [2021] KEELC 1052 (KLR)

Jeremiah M’njogu M’torugoji v County Government of Meru & 2 others; Evangeline T. Arithi(Interested Party) [2021] KEELC 1052 (KLR)

Environment and Land Court
10 November 2021
CNC.K. NZILI
446 words in judgment
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The bottom line

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A Kenyan court refused to explain or revise its own judgment, confirming that once a final decision is delivered, judges cannot reopen it.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru determines the applicant's notice of motion dated 19.3.2020, brought under Order 42 rule 6 of the Civil Procedure Rules, seeking orders that the court substantiate its judgment of 19.2.2020 and review the costs awarded to the respondents. The underlying judgment had dismissed the applicant's notice of motion dated 22.6.2015 with costs. The court held that a stay-of-execution analysis under Order 42 rule 6 was inapposite because the prayers sought were not for stay; further, the applicant had not demonstrated that an appeal had been filed or that substantial loss would result. On substantiation, the court found the judgment self-explanatory and compliant with Order 21, adopting the Black's Law Dictionary definition of 'substantiate', and held that it had become functus officio and could not offer a simpler version of its decision. On costs, the court applied Sections 27 and 28 of the Civil Procedure Act and the decision in Party of Independent Candidates of Kenya v Mutula Kilonzo & 2 Others, reaffirming that costs follow the event and that a trial court has discretion to award costs to a successful party absent good grounds to withhold them. Finding no bill of costs pending taxation, no impending execution, and no material justifying interference, the court dismissed the application as premature and lacking merit, with costs to the respondents.

Key legal issues

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01

Whether a court can be compelled to substantiate an already delivered judgment

Holding

No; a self-explanatory judgment complying with Order 21 requires no further explanation and the court becomes functus officio

Reasoning

The court applied the dictionary meaning of 'substantiate' and held the judgment of 19.2.2020 was complete and self-explanatory under Order 21 of the Civil Procedure Rules. Once delivered, the court lacked jurisdiction to add or explain the decision.

p. 1
02

Whether review of the costs order was warranted

Holding

No; costs follow the event and no material was shown to disturb the award

Reasoning

Under Sections 27 and 28 of the Civil Procedure Act, costs follow the event and are discretionary. The applicant produced no bill of costs or evidence of impending execution that would justify interference with the costs awarded to the successful respondents.

p. 1

Legal principles established

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  • A court that has delivered a final judgment is functus officio and cannot re-open or offer a simpler version of its decision.
  • Costs follow the event and the trial court has discretion to award costs to the successful party unless there are good grounds to withhold them.

Court orders

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  1. 1.The notice of motion dated 19.3.2020 is dismissed with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 rule 6
  • Civil Procedure RulesOrder 21
  • Civil Procedure ActSections 27 & 28

Cases cited (1)

  • Party of Independent Candidates of Kenya –vs- Mutula Kilonzo & 2 Others
    [2013] eKLR
Jurisdiction invoked
Order 42 rule 6 of the Civil Procedure Rules

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, "Jeremiah M’njogu M’torugoji v County Government of Meru & 2 others; Evangeline T. Arithi(Interested Party) [2021] KEELC 1052 (KLR)", Case Analysis (2021). Application dated 19.3.2020 (arising from notice of motion dated 22.6.2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1052/eng@2021-11-10

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