Wangari Wanjao v County Government of Uasin Gishu [2021] KEELC 2824 (KLR)
The bottom line
#The Environment and Land Court refused to review a conditional stay order, confirming that parties unhappy with a judge's discretion must appeal, not seek review.
What this practically means
#Executive summary
#Key legal issues
#Whether the requirement that a county government deposit security for due performance contravenes Order 42 Rule 8 of the Civil Procedure Rules and amounts to an error apparent on the face of the record justifying review
No. The court's discretion to grant a conditional stay is lawful and the alleged misapprehension of law is not a ground for review; review lies only for patent error and cannot be used to reopen an erroneous discretionary decision.
Order 45 Rule 1 confines review to discovery of new matter, an error apparent on the face of the record, or other sufficient reason, applied for without unreasonable delay. An error apparent must be self-evident without elaborate argument. Disagreement with a discretionary conditional stay, or a claim that the court misapplied Order 42 Rule 8, is an invitation to sit on appeal over its own decision, which the court cannot do once functus officio; the applicant must appeal.
Legal principles established
#- A party aggrieved by the exercise of a court's discretion in issuing a conditional order of stay cannot obtain correction by review; the remedy is an appeal, and a court that has delivered its ruling is functus officio.
Court orders
#- 1.The defendant/applicant's notice of motion dated 23rd October 2020 is dismissed with costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (Cap 21) and Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wangari Wanjao v County Government of Uasin Gishu [2021] KEELC 2824 (KLR)", Case Analysis (2021). Notice of Motion dated 23rd October 2020 (ruling of 19th February 2020 in suit with judgment dated 21st February 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2824/eng@2021-06-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.