Wekesa v Bukamu & another (Environment and Land Case 49 of 2016) [2025] KEELC 8468 (KLR)
The bottom line
#The Environment and Land Court in Kitale refused to reopen a 2021 land judgment, confirming that review cannot be used as a second attempt at appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether an error apparent on the face of the record exists to warrant review
No error apparent exists; the applicants' complaints require a long drawn process of establishing facts on the ground and involve two conflicting surveyor opinions, which cannot constitute an error apparent on the face of the record.
The court found that the applicants' survey report by a County Surveyor was never produced at the hearing, was not listed among their documents, and expresses an opinion differing from that of the surveyor who testified. Where two opinions compete, there is no self-evident error. The material was available since March 2020, before judgment.
Whether review is being used as an appeal in disguise after a failed appeal
Yes; the applicants, having unsuccessfully appealed and withdrawn the notice of appeal, cannot invoke review merely because they are aggrieved by the decision.
The applicants filed Eldoret Civil Appeal No. E158 of 2021 which was withdrawn on 10/3/2025. A party aggrieved by a decision who has failed to appeal cannot use review as a second bite. The four-year delay and the withdrawn appeal demonstrate the application is a delayed attack on the judgment's merits.
Legal principles established
#- A review is not an appeal in disguise; a wrong conclusion on law or fact is a ground for appeal, not review
- An error apparent on the face of the record must be self-evident and not require extensive argument
- The doctrine of finality bars a court from reopening its decree except on review in exceptional and compelling circumstances
Court orders
#- 1.The application dated 19/9/2025 is dismissed with costs
- Jurisdiction invoked
- Review jurisdiction based on mistake or error apparent on the face of the record
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wekesa v Bukamu & another (Environment and Land Case 49 of 2016) [2025] KEELC 8468 (KLR)", Case Analysis (2025). Application dated 19/9/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8468/eng@2025-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.