Lakeview Investments Limited & another v Ndege & 3 others (Environment and Land Case 211 of 2011 & 156 of 2018 (Consolidated)) [2026] KEELC 287 (KLR)
The bottom line
#Once a Kenyan court delivers final judgment, it cannot reopen the case—dissatisfied non-parties must appeal instead of asking the same court to restart.
What this practically means
#Executive summary
#Key legal issues
#Functus officio after final judgment
Having delivered final judgment on 27th March 2025, the court lacked competence to entertain the application for joinder and setting aside of the suit.
The court relied on Telkom Kenya Ltd v John Ochanda on the enduring principle of functus officio, and the Supreme Court's approval in Raila Odinga of Pretorius' exposition of the doctrine as one of finality. Section 99 of the Civil Procedure Act permits only correction of clerical or arithmetical mistakes, which does not extend to re-opening the suit on the merits. The proper route for the dissatisfied Applicants was an appeal.
Definition and proper scope of a preliminary objection
The objection was a pure point of law properly brought before the court.
The court applied the Mukisa Biscuits test, as restated in Attorney General v Andrew Mwaura Githinji, that a preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised where facts must be ascertained or discretion exercised. The functus officio issue required no ascertainment of facts, so the objection was properly raised.
Legal principles established
#- Once final judgment has been entered, the functus officio doctrine bars a court from revisiting the matter on a merit-based re-engagement.
- A preliminary objection may be raised at any time before the final conclusion of the case.
- A party who was not enjoined in a concluded suit should appeal the judgment rather than seek to re-open the trial.
Court orders
#- 1.The preliminary objection is upheld on the ground that the court is functus officio
- 2.The Applicants' application dated 17th June 2025 is struck out
- 3.Costs of the application awarded to the 3rd Defendant/Respondent
- Jurisdiction invoked
- Original civil jurisdiction; Civil Procedure Act and Civil Procedure Rules, Order 1 (court exercising first-instance jurisdiction over an application for joinder of interested parties)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lakeview Investments Limited & another v Ndege & 3 others (Environment and Land Case 211 of 2011 & 156 of 2018 (Consolidated)) [2026] KEELC 287 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/287/eng@2026-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.