Garissa Mattresses Limited v Wamwandu & 5 others (Environment and Land Case 316 of 2014) (20 February 2026) (Directions) [2026] KEELC 1181 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that a defective notice of motion can be corrected, allowing the applicants to fix clerical errors without restarting their case.
What this practically means
#Executive summary
#Key legal issues
#Whether a notice of motion can be amended
A notice of motion is not a pleading and cannot be amended as a pleading, but it can be amended as a proceeding before the court under Sections 3A, 100 of the Civil Procedure Act and Order 8 Rule 5.
The court accepted Mr Oluga's submission that a notice of motion is not a pleading, but agreed with counsel for the applicant that it may be amended as a proceeding. It was persuaded by the Court of Appeal's decision in Echaria v Echaria granting leave to amend a defective notice of motion, and by Havelock J's holding in Fredrick Mwangi Nyaga v Garam Investments that a Notice of Motion is part of the proceedings of a suit and amendable under Order 8 Rule 5 and Section 100.
Whether the amendment should be denied for any reasonable cause
The amendment was granted because the respondent demonstrated no prejudice.
Having found jurisdiction to allow the amendment under Sections 3A, 100 and Order 8 Rule 5, the court turned to whether any reasonable cause existed to refuse it. The court noted the errors were clerical and apparent on the face of the record, including the omission of the word 'stay' in prayer iii, and that the respondent had not demonstrated any prejudice that would be suffered if the amendment were granted.
Legal principles established
#- A notice of motion is not a pleading but is part of the proceedings of a suit and may be amended as a proceeding under Section 100 of the Civil Procedure Act and Order 8 Rule 5.
Court orders
#- 1.Leave granted to amend the Notice of Motion dated 3rd March 2025 nunc pro tunc
- 2.The amended Notice of Motion to be filed within 2 days
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 99 and 100 of the Civil Procedure Act, Cap 21; Order 8 Rule 5 and Order 51 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Garissa Mattresses Limited v Wamwandu & 5 others (Environment and Land Case 316 of 2014) (20 February 2026) (Directions) [2026] KEELC 1181 (KLR)", Case Analysis (2026). Environment and Land Case 316 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1181/eng@2026-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.