Joseph Otieno Ochere v Akongo Owino [2022] KEELC 2007 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you cannot ask a judge to review their own review — a second review attempt over disputed land was struck out.
What this practically means
#Executive summary
#Key legal issues
#Whether the rulings of 14th May 2018 and 26th May 2021 can be reviewed
No. The 14th May 2018 orders were themselves a review of the orders of 5th November 1998, and the 26th May 2021 ruling was a review of the 2018 orders; a further review is barred by Order 45 Rule 6
The court traced the history: the 2018 ruling was a review of the 1998 orders (which were themselves made in error), and the 2021 ruling disallowed review of the 2018 orders. Order 45 Rule 6 expressly prohibits an application for review of an order made on an application for review, so the court lacked power to entertain the instant application.
Whether there is new and important evidence warranting review
The asserted new evidence did not meet the Kaiza v Kaiza threshold of due diligence and lack of knowledge
Applying Kaiza v Kaiza, the court noted that not every new fact qualifies for review; the applicant had to show due diligence and that the fact was not within his knowledge or could not be produced when the orders were made. The court found the conditions for review unattained.
Legal principles established
#- An application for review of an order made on an application for review is barred under Order 45 Rule 6
- Not every new fact qualifies for review; the applicant must show due diligence and that the fact was not within his knowledge
Court orders
#- 1.Stay of execution of the ruling and orders within the next 30 days from the date of the ruling, under sections 3 and 13(7)(a) of the Environment and Land Court Act, 2015 and sections 1, 1A, 3 and 3A of the Civil Procedure Act
- 2.The Notice of Motion dated 5th July 2021 struck out
- 3.Each party to bear own costs of the application
- Jurisdiction invoked
- Sections 34 and 80 of the Civil Procedure Act (Cap 21) and Order 22 Rule 22 and Order 45 Rules 1, 2, 3(2) of the Civil Procedure Rules, 2020; sections 3 and 13(7)(a) of the Environment and Land Court Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Otieno Ochere v Akongo Owino [2022] KEELC 2007 (KLR)", Case Analysis (2022). Kisii HCCC No. 177 of 1991 (Notice of Motion dated 5th July 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2007/eng@2022-01-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.