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ELCAllowedNotice of Motion dated 13.11.2025 (case number not stated in judgment)· [2025] KEELC 8085 (KLR)

Khasievara & 170 others v Land Registar Uasin Gishu County & another (Environment and Land Miscellaneous Application E040 of 2024) [2025] KEELC 8085 (KLR)

Environment and Land Court
10 November 2025
606 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court corrected multiple errors in its own land allocation ruling, showing review applications can fix wrong parcel numbers, names, and omissions.

What this practically means

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Executive summary

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The 2nd Respondent, acting as applicant, filed a Notice of Motion dated 13.11.2025 seeking review of the court's Ruling and orders issued on 02.07.2025 concerning the allocation of sub-divisions arising from LR No Soy/Soy Block 10 (Navillus)/818. In a supporting affidavit sworn by Clement Ooko Odhiambo, the applicant identified several errors on the face of the ruling: the mother parcel was misdescribed as 881 instead of 818; sub-division 2496 was omitted from the list of sub-divisions and belongs to Elikana Mackenzie Osoto & Jafred Bulimo Atieli; plot 2464 (not 2465) was allocated to Halford Shihuma Mmasi; plot 2481 should be allocated to Wanjiku Nganga alone rather than with Zuberi Omari; plot 2511 should remain allocated to Willy Kiplagat Kemboi and Benson Idiongo Lugadiru as the complaint had not withdrawn his objection; plot 2529 was erroneously allocated to Rueben Lwaka instead of Macloud Igadwa Adoli; and plot 2458 should read Wyclifie Levi Ameka rather than Clifie Levi. The application was unopposed. The court allowed the review, set out corrected allocations for each of the seven sub-divisions, directed the Deputy Registrar, ELC Eldoret to rectify the decree to incorporate the amendments, and made no order as to costs.

Key legal issues

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01

Whether errors in the Ruling of 02.07.2025 warranted review

Holding

The court found the errors apparent on the face of the record (wrong parcel number, omission of a sub-division, wrong names) sufficient to warrant review and corrected them.

Reasoning

The applicant demonstrated that the 02.07.2025 ruling contained clerical and substantive errors: the mother parcel was misdescribed as 881 instead of 818; sub-division 2496 was omitted; several allocations named the wrong beneficiaries or wrong plot numbers. The application was unopposed, and the court proceeded to review the orders to reflect the correct allocations.

p. 2

Legal principles established

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  • A court may review its own orders to correct errors on the face of the record, particularly where the application is unopposed

Court orders

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  1. 1.Order No 2 of the Ruling of 02.07.2025 reviewed to read Soy/Soy Block 10 (Navillus)/818 instead of Sosy/Soy Block 10 (Navillus)/881
  2. 2.Soy/Soy Block 10 (Navillus)/2496 allocated to Elikana Mackenzie Osoto & Jafred Bulimo Atieli
  3. 3.Soy/Soy Block 10 (Navillus)/2464 allocated to Halford Shihuma Mmasi and not Soy/Soy Block 10 (Navillus)/2465
  4. 4.Soy/Soy Block 10 (Navillus)/2481 allocated to Wanjiku Nganga only, instead of Wanjiku Nganga & Zuberi Omar
  5. 5.Soy/Soy Block 10 (Navillus)/2511 allocated to Willy Kiplagat Kemboi and Benson Idiongo Lugadiru
  6. 6.Soy/Soy Block 10 (Navillus)/2529 allocated to Macloud Igadwa Adoli and not Rueben Lwaka
  7. 7.Soy/Soy Block 10 (Navillus)/2458 allocated to Wyclifie Levi Ameka and not Clifie Levi
  8. 8.The Deputy Registrar, ELC Eldoret directed to rectify the decree and incorporate the amendments contained in the ruling
  9. 9.No costs awarded for the application
Jurisdiction invoked
Inherent review jurisdiction over its own orders (order under review issued 02.07.2025)

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, "Khasievara & 170 others v Land Registar Uasin Gishu County & another (Environment and Land Miscellaneous Application E040 of 2024) [2025] KEELC 8085 (KLR)", Case Analysis (2025). Notice of Motion dated 13.11.2025 (case number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8085/eng@2025-11-10

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