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ELCPartially AllowedNot stated in the excerpt (related matter cited as Machakos Misc. Application No. E022 of 2021)· [2025] KEELC 8170 (KLR)

Mwangangi & Company Advocates v Mbaabu (Environment and Land Miscellaneous Application E009 of 2023) [2025] KEELC 8170 (KLR)

Environment and Land Court
25 November 2025
2,899 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan court corrected its own arithmetic errors in a legal fees ruling, finalising the bill at Kshs. 1,345,464.15 and letting both sides avoid paying costs.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Machakos, delivered by A. Y. Koross, J on 25 November 2025, determines two cross-notices of motion invoking the slip rule to correct alleged arithmetical errors in a ruling of 10/07/2024 taxing an advocate/client bill of costs at Kshs. 1,264,669/=. The client sought review so that the taxed total would read Kshs. 1,185,523.59/=, contending the components in paragraph 50 of the impugned ruling did not add up; the advocate sought correction to Kshs. 1,427,717/=, asserting omission of Kshs. 163,048/= in respect of bill items not challenged in the earlier reference. The court directed that the motions be treated as objections to each other and framed a single issue: whether arithmetical errors existed in the impugned ruling. Relying on Sections 99 and 100 of the Civil Procedure Act and the Supreme Court's decision in Outa v Okello, the court held that the slip rule permits correction only of obvious errors that do not change the substance of a decision. On the record, it found the omitted items totalled Kshs. 137,880/= with VAT of Kshs. 22,060/=, i.e. Kshs. 159,940/=, not the advocate's larger figure, and concurred with the client that the paragraph 50 total was erroneous by Kshs. 79,145.41/=. Both motions were allowed; paragraph 50 was rewritten so the bill of costs dated 28th May 2021 is taxed at Kshs. 1,345,464.15/=. As the errors originated from the court, there were no orders as to costs, and the file was marked as closed.

Key legal issues

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01

Whether arithmetical errors existed in the ruling of 10/07/2024 regarding the omitted sums awarded by the taxing officer on unchallenged items

Holding

Yes. The court computed the omitted items at Kshs. 137,880/= plus 16% VAT of Kshs. 22,060/=, totalling Kshs. 159,940/=, and agreed with the advocate that an arithmetical error occurred

Reasoning

The court reverted to the record and recomputed each head of the taxing officer's decision on items not challenged in the reference: Kshs. 123,500/=, 750, 180, 350, 300, 300, 12,500 and 325, totalling Kshs. 137,880/=. Adding 16% VAT of Kshs. 22,060/= produced an omission of Kshs. 159,940/=, which was rectifiable as an accidental slip without altering the substance of the ruling.

p. 5
02

Whether the final taxed total of Kshs. 1,264,669/= was itself arithmetically wrong

Holding

Yes. The client's computation that paragraph 50 totalled Kshs. 1,185,523.59/= rather than Kshs. 1,264,669/= was correct, an error of Kshs. 79,145.41/=, and the court concurred

Reasoning

The court found the client's arithmetic unassailable on this head; the figure of Kshs. 1,264,669/= did not follow from the component sums in paragraph 50. Both motions were therefore held justified and paragraph 50 was rewritten to incorporate all corrections, producing a final taxed figure of Kshs. 1,345,464.15/= after adding back the omitted items and VAT and deducting the deposit of Kshs. 838,676.65/.

p. 5

Legal principles established

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  • The slip rule permits correction only of errors apparent on the face of a judgment, ruling or order, without changing the substance of the decision or sitting on appeal over one's own judgment
  • Sections 99 and 100 of the Civil Procedure Act empower the court, at any time and of its own motion or on application, to correct clerical or arithmetical mistakes or errors arising from accidental slip or omission

Court orders

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  1. 1.The ruling dated 10/07/2024 is reviewed and, in particular, paragraph 50, which is to be substituted with the corrected wording
  2. 2.The advocate/client's bill of costs dated 28th May 2021 is taxed in the sum of Kshs. 1,345,464.15/= after correcting the arithmetical errors
  3. 3.No orders as to costs
  4. 4.File is effectively marked as closed

Authorities

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Legislation

  • Civil Procedure ActSection 99
  • Civil Procedure ActSection 100
  • Advocates Remuneration OrderSchedule 6

Cases cited (4)

  • Outa v Okello & 3 others
    [2017] KESC 25 (KLR)
  • Leonard Mambo Kuria v Ann Wanjiru Mambo
    [2017] KECA 782 (KLR)
  • Five Star Agencies Limited v National Land Commission
    [2022] KEELC 14745 (KLR)
  • Mwangangi & Co. Advocates v Mbaabu
    [2024] KEELC 5375 (KLR)
Jurisdiction invoked
Sections 99 and 100 of the Civil Procedure Act (slip rule)

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, "Mwangangi & Company Advocates v Mbaabu (Environment and Land Miscellaneous Application E009 of 2023) [2025] KEELC 8170 (KLR)", Case Analysis (2025). Not stated in the excerpt (related matter cited as Machakos Misc. Application No. E022 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8170/eng@2025-11-25

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