Wainaina v Njii & another (Sued as the Administrator of the Estate of the Late Muigai Mwaura) (Environment & Land Case E233 of 2023) [2025] KEELC 1289 (KLR)
The bottom line
#The Environment and Land Court ruled that an unanswered application isn't a judicial error—you simply ask the court for a new ruling date.
What this practically means
#Executive summary
#Key legal issues
#Whether the ruling of 30th April 2024 should be reviewed on the ground of mistake or error apparent on the face of the record
The application for review fails because the court never determined the 2nd Defendant's application dated 26th October 2023; there was therefore no decision and no error apparent on the face of the record
Section 80 of the Civil Procedure Act and Order 45 Rule 1 permit review on account of mistake or error apparent on the face of the record. The court found that although it had directed on 6th February 2024 to rule on two pending applications, the ruling of 30th April 2024 only dealt with the Plaintiff's application of 23rd June 2023. The absence of a decision on the 2nd Defendant's application is an omission, not an error on the face of the record; the correct course was to request a fresh ruling date.
Whether a review application may carry an alternative prayer for a ruling on the undetermined application
No - a review application cannot have an alternative prayer, and the court declined to make a finding on it, instead scheduling a fresh ruling date
The court held that the statutory review framework under Section 80 and Order 45 does not accommodate alternative prayers within a review application. However, in the interest of justice, the court exercised its discretion to fix a fresh date for delivery of the ruling on the 2nd Defendant's application dated 26th October 2023 rather than leave the omission unaddressed.
Legal principles established
#- A review may be granted only where there is a self-evident error or omission on the part of the court requiring no elaborate argument
- Failure by a court to render a decision on a pending application is not an error apparent on the face of the record; the remedy is to seek a ruling date
Court orders
#- 1.Dismissal of the 2nd Defendant's Notice of Motion application dated 2nd May 2024
- 2.The court to issue a fresh date for the Ruling on the 2nd Defendant's application dated 26th October 2023
- 3.Costs in the cause
- Jurisdiction invoked
- Sections 1A, 1B and 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wainaina v Njii & another (Sued as the Administrator of the Estate of the Late Muigai Mwaura) (Environment & Land Case E233 of 2023) [2025] KEELC 1289 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1289/eng@2025-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.