Republic v Ministry of Industry, Trade & Co-operative & 2 others (Environment and Land Judicial Review Case 2 of 2019) [2025] KEELC 6271 (KLR)
The bottom line
#A Bungoma court ruled that interest was never awarded on a Kshs.9.2 million land compensation sum, limiting it to the taxed costs only.
What this practically means
#Executive summary
#Key legal issues
#Whether interest was payable on the principal decretal sum of Kshs.9,200,000
No interest is payable on the principal sum because the judgment of Mukunya J made no order for interest; only the taxed costs attract interest
The Court traced the litigation history: Mukunya J's judgment of 28 March 2018 awarded Kshs.9,200,000 plus costs but was silent on interest. The Decree that followed improperly added 'and interest'. Although Omollo J's 2021 mandamus judgment granted the Motion as prayed (which had sought 14% interest), the mandamus was founded on a judgment containing no interest order. The Court held the decree's reference to interest was in error and interest could attach only to costs.
Whether the Court could interpret, rather than review, the judgment of Omollo J
The Court was not sitting on appeal over Omollo J's judgment but could interpret it as the Applicant herself had requested
The Applicant's affidavit expressly sought an interpretation of the judgment of 24 February 2021. The Court noted that it could not sit on appeal over a coordinate court's judgment, but acceded to the Applicant's own request to interpret the judgment, concluding that the interest component could only relate to the taxed costs since the foundation judgment awarded no interest on the principal sum.
Whether an unopposed Motion must automatically be granted
Even where a Motion is unopposed, the Court must still satisfy itself that the orders sought are justified
Although neither Respondent filed responses or submissions, the Court held that it remains enjoined to consider the application on its merits and determine whether the orders are justified, rather than granting relief merely because it is unopposed. This led the Court to partially decline the relief despite the absence of opposition.
Legal principles established
#- Interest on a decretal sum cannot be awarded where the underlying judgment made no provision for interest; a decree embedding interest not granted in the judgment is issued in error
Court orders
#- 1.The Motion partly succeeds with the order that the interest payable is only on the taxed costs of Kshs.281,320
- 2.No interest is payable on the sum of Kshs.9,200,000
- 3.No orders as to costs of this Motion
- Jurisdiction invoked
- Original judicial review jurisdiction of the Environment and Land Court; the Court also interpreted the judgment of A. Omollo J at the Applicant's own request
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Ministry of Industry, Trade & Co-operative & 2 others (Environment and Land Judicial Review Case 2 of 2019) [2025] KEELC 6271 (KLR)", Case Analysis (2025). Notice of Motion dated 11th December 2024 (Judicial Review proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6271/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.