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ELCAllowednot stated on the face of the judgment· [2025] KEELC 3030 (KLR)

Chebii & 3 others v SBI International Holdings (AG) K & another (Environment & Land Case 19 of 2019) [2025] KEELC 3030 (KLR)

not expressly stated on the face of the judgment
3 April 2025
LMLUCY N. MBUGUA
273 words in judgment
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The bottom line

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A Nyahururu court corrected its own judgment to award a child Ksh 300,000 that had been accidentally left out.

What this practically means

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Executive summary

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Before the court at Nyahururu was a notice of motion dated 18.11.2024 in which the plaintiffs sought review of the judgment dated 11.4.2024, so that the minor child BC, who had sued through the 3rd plaintiff, Henry Kosgei, as her next friend, would be awarded Ksh 300,000 like the other claimants. The application was supported by the 3rd plaintiff's affidavit contending that the judgment had left out the child despite her having sued through him. The respondents were served but filed no response. Relying on the Court of Appeal decision in National Bank of Kenya Ltd v Ndungu Njau, which holds that review may be granted to correct a self-evident error or omission requiring no elaborate argument, the court found that the plaint showed the 3rd plaintiff was suing 'on his own behalf and as the next friend of the minor,' and that the minor had therefore sued the defendants but could only do so through a next friend. Holding that the omission of her award was a self-evident omission and that she deserved the award, the court allowed the application, varied the judgment by awarding the minor Ksh 300,000, and made no orders as to costs. The judgment is signed and delivered at Nyahururu on 3rd April 2025 by Lucy N. Mbugua, Judge.

Key legal issues

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01

Whether the judgment of 11.4.2024 contained a self-evident omission in failing to award the minor BC, who had sued through the 3rd plaintiff as next friend

Holding

The court found that the minor had sued the defendants through a next friend and the judgment omitted her award; she deserved an award equal to the other claimants.

Reasoning

A perusal of the plaint showed the 3rd plaintiff sued 'on his own behalf and as the next friend of the minor.' Applying the National Bank of Kenya Ltd v Ndungu Njau test, the omission of the minor from the award was a self-evident error correctable on review without elaborate argument. The court therefore granted review to include the Ksh 300,000 award.

p. 2

Legal principles established

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  • A review may be granted where necessary to correct an apparent error or omission on the part of the court, provided the error is self-evident.

Court orders

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  1. 1.The notice of motion application dated 18.11.2024 is allowed
  2. 2.Review of the judgment dated 11.4.2024 so as to award the minor BC the sum of Ksh 300,000, just like the other claimants
  3. 3.No orders as to costs

Authorities

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Cases cited (1)

  • National Bank of Kenya Ltd v Ndungu Njau
    Nairobi CA No. 211 of 1996
Jurisdiction invoked
Review jurisdiction (application for review of judgment dated 11.4.2024; statute underlying review not cited on the face of the judgment)

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, "Chebii & 3 others v SBI International Holdings (AG) K & another (Environment & Land Case 19 of 2019) [2025] KEELC 3030 (KLR)", Case Analysis (2025). not stated on the face of the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3030/eng@2025-04-03

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