John Michael Wanjao v County Government of Uasin Gishu [2021] KEELC 2840 (KLR)
The bottom line
#A Kenyan court ruled that a county government cannot use review to escape a Kshs.3 million security condition for staying execution — the appeal route is the proper remedy.
What this practically means
#Executive summary
#Key legal issues
#Whether requiring a county government to deposit security as a condition for stay is an error apparent on the face of the record justifying review
No. The applicant is essentially aggrieved by the exercise of the court's discretion in issuing a conditional stay; such a grievance does not fall within the purview of review and should be pursued on appeal
The court reviewed Order 45 Rule 1(b) grounds for review and authorities on 'error apparent on the face of the record'. It distinguished between a mere erroneous decision and a patent error. The applicant's complaint was that the court misapplied Order 42 Rule 8 in requiring security from a government entity - a dispute over the correctness of a legal view, not a self-evident error. Allowing review on grounds of alleged legal error would set a dangerous precedent, since review is not appellate power and the court had become functus officio on the matter.
Legal principles established
#- Review under Order 45 does not lie to correct an alleged error of law or a grievance about the exercise of discretion; the proper remedy is an appeal
- An error apparent on the face of the record must be self-evident and not require elaborate argument or reasoning to detect
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, "John Michael Wanjao v County Government of Uasin Gishu [2021] KEELC 2840 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2840/eng@2021-06-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.