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ELCDismissedNot stated in the judgment· [2025] KEELC 5458 (KLR)
Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others (Environment and Land Case 337 of 2017) [2025] KEELC 5458 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court dismissed a landowner's attempt to review a contempt ruling, confirming that complaints about a judge's decision belong on appeal, not review.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court (E. K. O. Obaga, J) determined a Notice of Motion dated 11th February 2025 by which the 9th Defendant sought review and/or setting aside of the ruling and order of 29th January 2025, plus costs. The background was contempt proceedings arising from breach of orders issued on 30th January 2019 restraining the Applicant from dealing with the suit property. The Applicant had earlier applied on 3rd May 2024 for certification of his application as raising constitutional issues, or alternatively for 120 days to seek alternative settlement. A ruling of 6th March 2024 upheld his conviction for contempt, and the ruling of 29th January 2025 dismissed his application of 3rd May 2024. The Applicant argued he had purged the contempt by vacating his home, that re-sentencing would breach double jeopardy, that there was no service of the order, and that proceedings had been stayed. The Respondents opposed, characterising the application as an abuse of process - a request that the court sit on appeal on its own decision - and noted the Applicant had simultaneously sought stay of execution before the Court of Appeal. The court framed a single issue: whether the Applicant met the review threshold under Order 45 Rule (1) of the Civil Procedure Rules. Holding there was no sufficient reason, the court found the deponents' grounds were grounds of appeal rather than review, and that even an overlooked prayer is an appellate ground. The application was dismissed with costs to the Respondents.
Key legal issues
#01
Whether the Applicant met the threshold for review of the ruling of 29th January, 2025
Holding
The application for review was dismissed as lacking merit
Reasoning
Order 45 Rule (1) permits review on discovery of new evidence, error apparent on the face of the record, or sufficient reason. The Applicant raised arguments about double jeopardy, service of the order, and stay of proceedings, but these were grounds of appeal. It was also an abuse of process to seek review while simultaneously seeking stay of execution in the Court of Appeal.
p. 4
Legal principles established
#- Grounds for review under Order 45 are discovery of new evidence, error apparent on the face of the record, or any other sufficient reason; failure to address a prayer is a ground of appeal, not review
Court orders
#- 1.The Applicant's Notice of Motion dated 11th February, 2025 is dismissed
- 2.Costs of the application to the Respondents
- Jurisdiction invoked
- Order 45 Rule (1) of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keesi & 2 others (Suing as Administrator of the Estate of Jonathan Keesi Ngunzi - Deceased) v Keesi & 9 others (Environment and Land Case 337 of 2017) [2025] KEELC 5458 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5458/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.