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ELCAllowedELC NO. 6898 OF 1991· [2021] KEELC 2706 (KLR)

Kamuthi Farmers Co-operative Society Ltd v Nairobi City County; Sarah Waithera Njuguna & 18 others (Interested Parties) [2021] KEELC 2706 (KLR)

Environment and Land Court
24 June 2021
LKL. Komingoi
207 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed that a clarification made in court but left out of the written decree can be corrected later.

What this practically means

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Executive summary

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This was a ruling on a Notice of Motion dated 5th March 2021 in a long-running land suit between Kamuthi Farmers Co-operative Society Ltd (plaintiff) and Nairobi City County (defendant), with Sarah Waithera Njuguna & 18 Others as interested parties. The application was unopposed in substance. Judge L. Komingoi reviewed the court record and found that on 8th November 2018, Mrs. Maina for the defendant had made an oral amendment, without objection from Mr. Emmanuel Washe for the plaintiff, clarifying that the 54.5 acres referred to LR NO 71/7/1 and the 21.97 acres of sewer referred to LR No 71/7/10, and the court had allowed that amendment. The amendment, however, had never been captured in the decree. The judge held that this omission was an error that could be rectified, that there was no serious opposition to the application, and accordingly allowed the Notice of Motion in terms of prayers No. 1 and 2, which effected the rectification. Costs were ordered to be in the cause. There was no appearance for the interested parties. No statutes or case authorities were cited in this short directions ruling.

Key legal issues

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Rectification of the decree to capture an oral amendment allowed at the hearing

Holding

The court allowed the application to rectify the decree in terms of prayers 1 and 2 of the Notice of Motion dated 5th March 2021, since the oral amendment of 8th November 2018 was unopposed and its omission from the decree was a rectifiable error.

Reasoning

The court noted the record of 8th November 2018 in which the defendant's counsel orally amended the judgment to clarify that the 54.5 acres referred to LR NO 71/7/1 and the 21.97 acres of sewer referred to LR No 71/7/10, with no objection from the plaintiff's counsel. That amendment was allowed by the court but never captured in the decree. The court treated the omission as a mere error capable of rectification, noted the absence of serious opposition, and allowed the motion in terms of prayers 1 and 2.

p. 1

Legal principles established

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  • An amendment recorded in open court but not captured in the decree is an error that can be rectified.

Court orders

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  1. 1.The Notice of Motion dated 5th March 2021 allowed in terms of prayer No. 1 and 2
  2. 2.Costs be in the cause
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court

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, "Kamuthi Farmers Co-operative Society Ltd v Nairobi City County; Sarah Waithera Njuguna & 18 others (Interested Parties) [2021] KEELC 2706 (KLR)", Case Analysis (2021). ELC NO. 6898 OF 1991. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2706/eng@2021-06-24

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