Republic v Chairman, the Business Premises Rent Tribunal at Nairobi & another; Obwari Enterprises Ltd (Ex parte Applicant) (Judicial Review E002 of 2023) [2026] KEELC 1407 (KLR)
The bottom line
#The High Court dismissed a bid to reopen a decided case, confirming that once judgment is delivered, a court has no power to hear new applications.
What this practically means
#Executive summary
#Key legal issues
#Functus officio and jurisdiction
The court, having delivered judgment on 31/7/2025, was functus officio and lacked jurisdiction to hear the application
Judgment in the substantive judicial review motion was delivered on 31/7/2025 and all issues between the parties were fully adjudicated. That judgment had not been set aside on review or appeal. Order 19 cross-examination provisions envisage a live suit; reopening the matter would offend the principle of finality in litigation.
Competency of the application
The application was defective for want of a supporting affidavit and would in any event have been struck out
Even absent the functus officio finding, the court checked the Case Tracking System and found the application unsupported by an affidavit, making it outrightly defective and a candidate for striking out. Additionally, the accompanying application was unsigned and undated, a fatal defect not curable under Article 159.
Unsigned and undated application
The unsigned, undated application filed on 30/7/2025 was struck out
Signing pleadings authenticates them and safeguards against non-genuine cases. An unsigned pleading may be struck out and the defect is fatal, not a mere technicality curable under Article 159 of the Constitution. The court struck it out for completeness of the record with no orders as to costs.
Legal principles established
#- Once a court delivers final judgment it becomes functus officio and retains jurisdiction only for review, correction of clerical or arithmetical errors, or execution
- An unsigned pleading is fatally defective and cannot be saved under Article 159 of the Constitution
- Cross-examination under Order 19 applies only to a live, ongoing suit
Court orders
#- 1.The undated and unsigned application filed on 30/7/2025 is struck out with no orders as to costs
- 2.The Interested Party's application dated 30/7/2025 (referred to in the disposition as dated 31/7/2025) is dismissed with no order as to costs
- Jurisdiction invoked
- Judicial review jurisdiction over the Business Premises Rent Tribunal proceedings (leave granted 8/2/23); application brought under Order 19 Rule 2 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman, the Business Premises Rent Tribunal at Nairobi & another; Obwari Enterprises Ltd (Ex parte Applicant) (Judicial Review E002 of 2023) [2026] KEELC 1407 (KLR)", Case Analysis (2026). Judicial Review Application dated 27/2/2023 (arising from Nairobi BPRT Case No. 905 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1407/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.