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ELCDismissedEnvironment & Land Case 1391 of 2016· [2023] KEELC 20262 (KLR)
Harambee Children Therapy Centre Kinderhilfesprojkete v Kenya Railways Corporation & 2 others
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to review its own judgment, confirming that asking for a second bite requires strong, convincing reasons.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Nairobi (E.K. Wabwoto, J) determined the Plaintiff's notice of motion dated May 2, 2023 seeking review of the court's judgment delivered on February 9, 2023, in which the Plaintiff had obtained a decretal sum of Kshs 2,600,000 and general damages of Kshs 2,000,000 against the defendants. The applicant sought review on grounds that no interest was awarded on the decretal sum and general damages, that special damages of Kshs 20,639,600 pleaded and proved were not awarded, that the general damages award was low, and that no judgment was entered against the 3rd Defendant who filed no pleadings but participated at the hearing. The 1st Defendant opposed, arguing the prayers raised points of law appealable rather than reviewable, that interest was never pleaded, and that the court had become functus officio. The court framed a single issue: whether the Plaintiff had satisfied the review threshold under Section 80 of the Civil Procedure Act and Order 45 Rule 1(1) of the Civil Procedure Rules. Applying Shah v Mbogo, Salama Mahmoud Saad and Michael Mungai, the court held that review is a discretionary remedy requiring a rational basis and convincing evidence of sufficient reason, and found the Plaintiff had not met the threshold. The application was dismissed with no orders as to costs.
Key legal issues
#01
Whether the applicant satisfied the review threshold under Section 80 of the Civil Procedure Act and Order 45 Rule 1(1)
Holding
The applicant failed to satisfy the threshold; the application was dismissed
Reasoning
The court restated that review is discretionary and must be grounded on discovery of new and important matter, error apparent on the face of the record, or sufficient reason, applied for without unreasonable delay. Guided by Shah v Mbogo, Salama Mahmoud Saad and Michael Mungai, the court found the plaintiff had not provided a rational basis for review of the February 9, 2023 judgment.
Legal principles established
#- The decision whether to allow review of a judgment or order is within the court's wide discretion, to be exercised judiciously, and the applicant must lay a basis for its exercise
- Sufficient reason for review can only be deduced from the facts and circumstances of the particular case, and the applicant must place convincing evidence before the court
Court orders
#- 1.The application dated May 2, 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rule 1(1) of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Harambee Children Therapy Centre Kinderhilfesprojkete v Kenya Railways Corporation & 2 others", Case Analysis (2023). Environment & Land Case 1391 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20262/eng@2023-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.