Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2025] KEELC 7596 (KLR)
The bottom line
#A Kenyan court ruled that disagreeing with a judge's legal reasoning is grounds for an appeal, not a review application.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to entertain an application for review of a ruling by a judge of concurrent jurisdiction
The court had jurisdiction insofar as the application was properly brought under Order 45 of the Civil Procedure Rules, Order 45 Rule 2(2) applying because the judge who made the order had been transferred; but the application failed on its merits.
The application was principally for review of the ruling of 13th November 2024 delivered in this case, as prayers 3 and 4 were consequential on prayer 2. Under Order 45 Rule 2(2), since Mugo Kamau, J. who made the order had been transferred, the present judge could hear it. However, having jurisdiction did not mean the review threshold was met.
Whether the grounds advanced established a case for review
No. The applicant was in substance complaining that the judge erred in law, which is a ground of appeal, not review. The application was dismissed with costs.
Review under Order 45 lies only on discovery of new and important matter, error apparent on the face of the record, or sufficient reason. The applicant relied on the contention that the ruling was a hindrance to justice and violated her constitutional rights, i.e. disagreement with the judge's legal conclusion. Per National Bank of Kenya v Ndungu Njau, an erroneous conclusion of law grounds an appeal, not a review; otherwise a judge would sit in appeal on his own judgment.
Legal principles established
#- A litigant cannot use a review application to correct a perceived mistake of law or fact or an erroneous finding; a wrong conclusion of law is a ground of appeal, not review
- A court of concurrent jurisdiction cannot conduct merit review of another judge's decision; recourse lies by appeal to the Court of Appeal under Section 16 of the Environment and Land Court Act
Court orders
#- 1.Notice of Motion dated 13th November 2024 is dismissed with costs to the Respondents and Interested Parties
- Jurisdiction invoked
- Order 45 Rule 1(b) of the Civil Procedure Rules; Section 16 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mochache v Land Registrar, Nyamira County & another; Commission on Administrative Justice & 2 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2025] KEELC 7596 (KLR)", Case Analysis (2025). Nyamira ELC Petition dated 9th October 2023 (Notice of Motion dated 13th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7596/eng@2025-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.