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ELCAllowedNot stated in judgment· [2025] KEELC 5660 (KLR)

Muriuki v Mathenge (Enviromental and Land Originating Summons 245 of 2014) [2025] KEELC 5660 (KLR)

Environment and Land Court
31 July 2025
1,255 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court corrected a name error in a land judgment and lifted an obsolete restriction, letting the winning party finally register her land.

What this practically means

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Executive summary

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By a Notice of Motion dated 4th October 2024, the Plaintiff sought rectification of the name of the Defendant in the judgment and decree issued in this suit, and removal of a restriction placed on title number Kirimukuyu/Gachuiro/69 pending finalization of Nyeri Appeals Tribunal Case No. 24 of 2007. The suit had been concluded by a judgment delivered on 9th December 2022, which directed that 1.9 acres be excised from the suit land and registered in the Plaintiff's name. Upon presenting the decree at the Lands Office, the Plaintiff discovered that the Defendant's registered name differed from that used in the judgment: the official search conducted at the time of filing showed the proprietor as Johnson Githongori Mathenge, while the Green Card's first entry of 9th March 1959 was in the name Githogori S/o Kibatha, and the second entry of 29th November 2006 adopting the new name was unsigned and unapproved. The Plaintiff deponed that both names referred to the same person, and the Defendant, though served, filed no response and did not controvert that position. The court, invoking Sections 99 and 100 of the Civil Procedure Act, held that rectification of the name in the judgment and decree was necessary to give effect to the judgment. On the restriction, the court found that its purpose lapsed with the abolition of the Land Disputes Tribunals following the repeal of the Land Disputes Tribunal Act No. 18 of 1990 by Section 31 of the Environment and Land Court Act No. 19 of 2011. The application was allowed in terms of prayers 2 and 3, with no order as to costs.

Key legal issues

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01

Rectification of the Defendant's name in the judgment and decree

Holding

Rectification is proper where necessary to give effect to the judgment, the official search having borne a different name from the one on the Green Card, with the later entry unsigned and unapproved.

Reasoning

The certificate of official search showed the proprietor as Johnson Githongori Mathenge, while the Green Card's first entry of 9th March 1959 was in the name Githogori S/o Kibatha and the second entry of 29th November 2006 in the name Johnson Githongori Mathenge was unsigned and unapproved. The Plaintiff deponed that both names refer to the same person, and the Defendant did not controvert that position. The court found rectification necessary to enable execution of the decree.

p. 3
02

Removal of the restriction on the suit title

Holding

The restriction, meant to preserve the position pending a Land Disputes Tribunal appeal, should be removed because the Tribunals were abolished by the repeal of the Land Disputes Tribunal Act.

Reasoning

The restriction was placed to prevent dealings with the suit property while the appeal was pending before the Land Disputes Tribunal. The Land Disputes Tribunal Act No. 18 of 1990 was repealed by Section 31 of the Environment and Land Court Act No. 19 of 2011, and the Tribunals were phased out, so the restriction no longer serves any purpose and the court had power to remove it.

p. 3

Legal principles established

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  • Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission, may at any time be corrected by the court under Section 99 of the Civil Procedure Act.
  • The court has general power under Section 100 of the Civil Procedure Act to amend any defect or error in proceedings to determine the real question or issue.

Court orders

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  1. 1.The Notice of Motion dated 4th October 2024 is allowed in terms of prayers 2 and 3 thereof
  2. 2.Rectification of the name of the Defendant in the Judgment and Decree to read Johnson Githongori Mathenge alias Githogori s/o Kibatha
  3. 3.Removal of the restriction placed on title number Kirimukuyu/Gachuiro/69
  4. 4.No order as to costs
Jurisdiction invoked
Sections 99 and 100 of the Civil Procedure Act, Cap 21

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, "Muriuki v Mathenge (Enviromental and Land Originating Summons 245 of 2014) [2025] KEELC 5660 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5660/eng@2025-07-31

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