Jimmy & 3 others v Kiprono & 2 others (Environment and Land Miscellaneous Case E060 of 2024) [2025] KEELC 6684 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that complaints a judge ignored your submissions belong in an appeal, not a review application, and dismissed the case with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the alleged failure of the court to consider submissions dated 28th April, 2025 constitutes an error apparent on the face of the record warranting review
It does not; discerning whether the submissions were considered requires reasoning, which is outside the review jurisdiction
The court applied Order 45 Rule 1 and the Muyodi test distinguishing a mere erroneous decision from an error apparent on the face of the record. It found the earlier submissions of 22nd January, 2025 different in form from those dated 28th April, 2025, and held that determining whether the new submissions required consideration would involve reasoning, defeating the self-evidence requirement for review.
Whether the eviction notice naming 8 persons but affecting only the 1st Applicant was a reviewable error
Not determined as a reviewable error; the application was dismissed in its entirety
The court framed this as one of the 1st Applicant's claimed errors but, having found that the alleged errors require reasoning rather than being self-evident on the face of the record, it dismissed the whole application without finding any reviewable error.
Legal principles established
#- An error apparent on the face of the record must be self-evident and not require a long-drawn process of reasoning; where a possible view was adopted, it is not an error apparent on the face of the record.
- A complaint that the court failed to consider submissions is properly a ground of appeal, not a ground for review.
Court orders
#- 1.The application dated 22nd May, 2025 for review is dismissed with costs
- 2.Costs of the application awarded to the 3rd Respondent
- On appeal from
- Business Premises Rent Tribunal (Nakuru BPRT Case No. E 175/2023) - background only; the application was brought in the ELC itself
- E 175/2023
- Jurisdiction invoked
- Order 45 Rule 1(1) of the Civil Procedure Rules - review jurisdiction of the court that made the order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jimmy & 3 others v Kiprono & 2 others (Environment and Land Miscellaneous Case E060 of 2024) [2025] KEELC 6684 (KLR)", Case Analysis (2025). BPRT Case No. E 175/2023 (application dated 22nd May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6684/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.