Egondi v Pamba & another (Environment & Land Case E008 of 2020) [2025] KEELC 165 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Motion satisfied the grounds for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1(1) of the Civil Procedure Rules
The application fails on the requirement of no unreasonable delay and on the ground of new and important matter
The consent order was adopted on 7th December 2021 and the review application was filed on 19th December 2023, some two years later, with no explanation for the delay. Further, the alleged new information was a subsequent agreement the parties themselves made at the Land Registrar to subdivide into two portions instead of four, not matter that was unavailable when the consent was recorded. The reference to parcel 8265 as 'equivalent' to parcel 139 was also questioned, as two parcels with different numbers cannot be equivalent.
Whether the parties' deviation from the consent order by agreeing at the Land Registrar to a two-portion subdivision justified review
No; that agreement was not new and important matter or evidence within the meaning of Order 45 Rule 1(1)
The court held that new and important matter applies to material not within the applicant's knowledge when the decree was made, not to a fresh agreement the parties later crafted of their own volition. The proper course, in the court's earlier view, was for the parties to file another consent rather than invoke review jurisdiction.
Legal principles established
#- An application for review must be made without unreasonable delay, and unexplained delay alone defeats it
- A party's own subsequent agreement made after the decree does not qualify as discovery of new and important matter or evidence for purposes of review
Court orders
#- 1.The Notice of Motion dated 19th December 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Orders 45 and 57 of the Civil Procedure Rules; review jurisdiction under Section 80 of the Civil Procedure Act and Order 45 Rule 1(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Egondi v Pamba & another (Environment & Land Case E008 of 2020) [2025] KEELC 165 (KLR)", Case Analysis (2025). Notice of Motion dated 19th December 2023 (arising from consent judgment adopted on 7th December 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/165/eng@2025-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.