Republic v Minister for Lands & 4 others; Ndolo (Exparte); Ndolo (Interested Party) (Environment and Land Judicial Review Case 2 of 2023) [2025] KEELC 3841 (KLR)
The bottom line
#Kenya's High Court allowed a judicial review applicant to fix drafting errors in his case, refusing to have it struck out over mere technical mistakes.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to amend the Notice of Motion dated 11th October, 2023
Amendment allowed; the errors were duplications of leave-stage prayers, the cause of action was unchanged, delay was not inordinate, no prejudice was shown, and the mistake of counsel was excusable
The court invoked Section 100 of the Civil Procedure Act and the Central Kenya Ltd principles: no undue delay, no new cause of action, no affected vested interest, no injustice. The three-month delay coincided with the Interested Party's striking-out application, and the amendments merely removed inconsistent prayers, so justice favoured amendment with thrown away costs.
Whether the Interested Party's application to declare the leave abated and strike out the substantive Notice of Motion should succeed
Dismissed; the application would be disproportionate to the justice demanded of the case
The court found that the Ex-parte Applicant had complied with the 21-day direction and that the defects in the Notice of Motion were curable typographical duplications. Striking out would defeat substantive justice, particularly over a dispute concerning ancestral land, so the striking-out application was dismissed without costs.
Legal principles established
#- Amendment of pleadings is a discretionary power exercised under Section 100 of the Civil Procedure Act, to be freely allowed where it determines the real question in issue and causes no compensable prejudice
- An amendment that only amplifies or clarifies an existing pleading should be allowed; one introducing a brand new cause of action or relief should be denied
- Errors and lapses should not debar a litigant from the pursuit of substantive rights
Court orders
#- 1.Leave granted to the Ex-parte Applicant to amend his Notice of Motion within 7 days
- 2.The Ex-parte Applicant to pay Kshs.10,000/= as thrown away costs to the Interested Party
- 3.The Interested Party's application dated 20th December, 2023 dismissed with no orders as to costs
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules and Section 100 of the Civil Procedure Act (amendment of proceedings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Minister for Lands & 4 others; Ndolo (Exparte); Ndolo (Interested Party) (Environment and Land Judicial Review Case 2 of 2023) [2025] KEELC 3841 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3841/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.