Guandai (Suing as the Administrator of the Estate of Guandai Karugu) v Tuei & 4 others (Environment & Land Case 65 of 2019) [2025] KEELC 3989 (KLR)
The bottom line
#A Kenyan court confirmed that a judge who replaced a transferred colleague can review that colleague's ruling, then dismissed the review application with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to review a ruling delivered by a predecessor who has been transferred
The court, not the judicial officer, is seized of the matter; the successor judge has jurisdiction to review
Section 80 of the Civil Procedure Act permits review by 'the court which passed the decree or made the order'. Relying on Musyoka J in Njuka v Gituma, the court held that the 'court' means the court station seized of the matter, not the judicial officer. Gicheru J was transferred but the court at Kajiado remains, so the successor judge properly exercises the review jurisdiction.
Whether failure to consider a replying affidavit and submissions constitutes an error apparent on the face of the record
No; such failure is a ground of appeal, not of review
Under Order 45 rule 1, review lies on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason. Following National Bank of Kenya v Ndungu Njau, an apparent error must be self-evident. An allegation that the court failed to consider filings requires elaborate argument and is properly a matter for appeal. Additionally, the replying affidavit was itself filed out of time and without leave, so it was of no effect.
Legal principles established
#- For purposes of Section 80 of the Civil Procedure Act, review jurisdiction lies with the court station, not the judicial officer; a successor judge may review a ruling made by a predecessor who has been transferred
- Failure by a court to consider a filing is a ground of appeal, not an error apparent on the face of the record for review
- A replying affidavit filed out of time and without leave of court is of no effect
Court orders
#- 1.The notice of motion dated 25th November 2024 is dismissed with costs to the Respondents
- 2.The court will set down this case for case management conference forthwith with a view to fixing a hearing date and hearing the main suit
- Jurisdiction invoked
- Section 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, "Guandai (Suing as the Administrator of the Estate of Guandai Karugu) v Tuei & 4 others (Environment & Land Case 65 of 2019) [2025] KEELC 3989 (KLR)", Case Analysis (2025). Not stated in judgment (notice of motion dated 25th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3989/eng@2025-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.