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ELCPartially Allowed· [2025] KEELC 1485 (KLR)

Horeria v Weru & another (Environment & Land Case 756 of 2012) [2025] KEELC 1485 (KLR)

Environment and Land Court
20 March 2025
1,640 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court can correct an outdated party name on a judgment under the Slip Rule, so county governments remain liable for debts of defunct councils.

What this practically means

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Executive summary

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The Plaintiff, judgment creditor in a suit whose judgment was delivered on 16th December 2019, brought a Chamber Summons dated 13th September 2024 under Sections 3A, 99 and 100 of the Civil Procedure Act and Order 9 Rule 10 of the Civil Procedure Rules, seeking correction of the 2nd Defendant's name on the judgment from 'The Town Clerk Nairobi City Council' to 'Nairobi City County Government' to facilitate execution of the decree. The Plaintiff contended that he had sought amendment of the Defendant's name in 2014 before Hon. Justice Okong'o, and that the failure to record the amendment was a mistake of court. The 2nd Defendant opposed via Grounds of Opposition, arguing the application sought to amend pleadings and introduce new facts into a determined suit and that Sections 99 and 100 cover only clerical errors. The court framed a single issue: whether the 2nd Defendant's name should be amended. Applying Article 264 and Section 33 of the Sixth Schedule to the Constitution, and the decisions in Republic v Attorney General Ex-Parte Kenya Seed Company and Republic v County Secretary, Nairobi City County Ex Parte Wachira Nderitu Ngugi, the court held this was a clear-cut case for the Slip Rule: the suit was filed against the defunct Nairobi City Council but judgment was delivered after the Nairobi City County Government succeeded it, and the judgment's orders had been directed at the local authority. The court allowed the application and made no order as to costs.

Key legal issues

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01

Whether the court may, under Sections 99 and 100 of the Civil Procedure Act (the Slip Rule), correct the 2nd Defendant's name in the judgment from 'Town Clerk Nairobi City Council' to 'Nairobi City County Government'

Holding

The court allowed the correction, holding that the suit was filed against the defunct Nairobi City Council but judgment was delivered after the establishment of the Nairobi City County Government, which succeeded it; the correction gives effect to the court's actual intention and no prejudice results

Reasoning

The court took judicial notice that Nairobi City County Government is the successor of Nairobi City Council by virtue of Article 264 and Section 33 of the Sixth Schedule to the Constitution. The judgment of 16th December 2019 issued orders directed to the local authority, meaning the County Government. The Slip Rule applies to give effect to the judge's actual intention, and the defunct council's liabilities accrue to its successor. Reliance was placed on the Kenya Seed Company and Wachira Nderitu Ngugi decisions.

p. 4
02

Whether the plaintiff's application amounted to an impermissible amendment of pleadings introducing new facts into a determined suit

Holding

The court rejected this objection, treating the correction as one of nomenclature required by succession, not a substantive amendment

Reasoning

The 2nd Defendant argued that Sections 99 and 100 are limited to clerical errors and arithmetical mistakes and that parties are bound by their pleadings. The court instead found that the correction merely substituted the successor entity for the defunct one, as the judgment orders had been directed at the local authority and the County Government had participated in the proceedings through its advocates and submissions.

p. 3

Legal principles established

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  • Under the transitional provisions of the Constitution, an office or institution established under the former constitutional order is succeeded by its corresponding institution under the new order, and legal rights and liabilities of defunct local authorities accrue to their successor county governments
  • Sections 99 and 100 of the Civil Procedure Act (the Slip Rule) permit a court to correct its records to give effect to the actual intention of the judge, including correcting the name of a party where a defunct entity's successor is clearly intended

Court orders

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  1. 1.The Plaintiff's Chamber Summons application dated 13th September 2024 is allowed
  2. 2.The name of the 2nd Defendant/Judgment debtor is corrected to read 'Nairobi City County Government' instead of 'The Town Clerk Nairobi City Council' to facilitate execution of the decree
  3. 3.No order as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 99
  • Civil Procedure ActSection 100
  • Constitution of KenyaArticle 264
  • Constitution of KenyaSixth Schedule, Section 33
  • Local Government Act (Repealed), Cap 265Not specified
  • Civil Procedure RulesOrder 9 Rule 10
  • Civil Procedure RulesOrder 51
  • Civil Procedure RulesOrder 1 Rule 3 and 4; Order 3 Rule 1(1); Order 4 Rule 1(c); Order 21 Rules 1, 4, 7 and 8

Cases cited (4)

  • Steve Onyango v Techspa General Supplies Ltd & 2 Others
    [2020] eKLR
  • Daniel Otieno Mogire v South Nyanza Sugar Co. Ltd
    [2018] eKLR
  • Republic v Attorney General & 15 others, Ex-Parte Kenya Seed Company Limited & 5 others
    [2010] eKLR
  • Republic v County Secretary, Nairobi City County & Another Ex Parte Wachira Nderitu Ngugi & Co. Advocates
    [2016] eKLR
Jurisdiction invoked
Sections 3A, 99 and 100 of the Civil Procedure Act; Order 9 Rule 10 and Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Horeria v Weru & another (Environment & Land Case 756 of 2012) [2025] KEELC 1485 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1485/eng@2025-03-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.