Rehema Chepkemboi Menjo v Martin L. Mokoosio & Hims Home Limited
The bottom line
#A Kenyan court refused to change a costs order because the applicant was unhappy with it, not because it contained an error.
What this practically means
#Executive summary
#Key legal issues
#Whether the order awarding costs to the Defendants upon withdrawal of the suit should be reviewed
The application for review failed; the plaintiff sought to alter the order due to its effect and her discontentment, which is not a ground for review
The court restated the grounds for review under Section 80 of the Civil Procedure Act and Order 45 rule 1, relying on Supreme Court authority that the Slip Rule does not permit a court to sit on appeal over its own judgment. The plaintiff's complaint went to the effect of the order and her dissatisfaction with it, which are matters for appeal. There was also a proper forum - taxation - for contesting the Bill of Costs.
Whether taxation of the Defendants' Bill of Costs should be stayed pending arbitration
Stay refused; the taxation forum is where excessiveness of the Bill of Costs should be contested, with a reference available if aggrieved
The court held that the plaintiff had a proper forum before the Taxing Officer to argue the excessiveness of the Bill of Costs, and could thereafter file a reference if dissatisfied. Seeking review of the costs order and a stay of taxation before that process was, in the court's view, putting the cart before the horse.
Legal principles established
#- Review lies only on the grounds in Section 80 CPA and Order 45 rule 1: discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, without unreasonable delay
- A court cannot sit on appeal over its own decision; dissatisfaction with a court's finding or the effect of its order is a ground for appeal, not review
- Where there is no sufficient ground for review, the court shall dismiss the application under Order 45 rule 3(1)
Court orders
#- 1.The Notice of Motion dated 9th May 2023 seeking review of the order of 26th January 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rehema Chepkemboi Menjo v Martin L. Mokoosio & Hims Home Limited", Case Analysis (2023). Environment & Land Case E075 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21104/eng@2023-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.