Mwandori & 8 others v Weda (Environment and Land Petition 19 of 2021) [2026] KEELC 1308 (KLR)
The bottom line
#The Environment and Land Court in Malindi refused to reopen its decision on the Mtwapa-Kidutani settlement committee, confirming that unhappy parties must appeal, not seek review.
What this practically means
#Executive summary
#Key legal issues
#competence of invoking Civil Procedure Rules in a constitutional petition
Reliance on Order 45 is not fatal; the Mutunga Rules lack review provisions, and borrowing CPR provisions to fill that gap is not an indiscriminate application
The court found the Mutunga Rules are silent on review. Citing Benjoh Amalgamated, it accepted that civil procedure principles may be borrowed where not inconsistent with the Constitution. Order 45 allows a person with a legal dispute over a decision to have it reviewed and be heard, consistent with Article 50(1). The objection therefore failed.
Discovery of new evidence and reopening litigation
The applicants, being parties from inception, had ample opportunity to obtain and present survey evidence before judgment; failure to do so cannot justify review
The County Government of Kilifi, NLC and the Land Adjudication Officer were parties from inception and had surveyors; the natural-person respondents could have hired private surveyors. Litigation is adversarial and must end; issues finally determined become res judicata subject only to appeal. A survey sought merely to generate evidence for a rehearing cannot be allowed.
Alleged error on the face of the record
No self-evident error: the petition was not about boundaries, and the court's merits finding that both parcels were government land rendered the boundary immaterial
The petition concerned the propriety of the 1st to 5th respondents' appointment to the settlement committee, not boundaries. The court had found on the merits that both GL15A and Nyika Reserve are government land and that the petitioners were entitled to allocation. Those merit findings can only be challenged on appeal, not review.
Legal principles established
#- Where there is a clear procedure for redress prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed
- A wrong conclusion of law by a judge is a ground for appeal, not review; a court cannot sit in appeal on its own judgment
- Review lies only for self-evident errors on the face of the record, not for erroneous conclusions of law
- Issues decided in a final judgment become res judicata, subject only to appeal; litigation should not be dealt with in installments
Court orders
#- 1.The application dated 6th May 2025 is dismissed
- 2.Costs of the application awarded to the petitioners
- Jurisdiction invoked
- Review jurisdiction invoked in a constitutional petition under Article 50(1) of the Constitution read with Order 45 of the Civil Procedure Rules to fill the gap left by the absence of review provisions in the Mutunga Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwandori & 8 others v Weda (Environment and Land Petition 19 of 2021) [2026] KEELC 1308 (KLR)", Case Analysis (2026). Notice of Motion dated 6th May 2025 in Petition dated 23rd August 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1308/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.