Mecca & another (Suing on Behalf of the Estate of Elizabeth Nasimiyu Nyongesa) v County Government of Trans Nzoia (Environment and Land Case E021 of 2023) [2026] KEELC 1747 (KLR)
The bottom line
#A Kitale court refused to increase a land damages award, ruling the slip rule cannot fix unpleaded, unproven claims — only obvious clerical errors.
What this practically means
#Executive summary
#Key legal issues
#Scope of the slip rule under Section 99 of the Civil Procedure Act
The slip rule applies only to errors apparent on the face of the record that can be corrected without controversy, without changing the substance of the judgment or altering the court's clear intention; it must be used sparingly since the court becomes functus officio upon delivering judgment.
The court reviewed Waweru v Attorney General, Lomatong, Hussein Khalid, Musembi, Karanja and Raniga, all of which confine Section 99 to clerical or arithmetical slips giving effect to the court's intention. Correcting substantive awards would amount to the court sitting on appeal over its own judgment.
Whether the special damages corrections sought were pleaded and proved
The figures now sought (Kshs. 73,894,227.20 reconstruction, professional fees, VAT, contingency, extended rental income) were not captured in paragraph 22 of the further amended plaint and were not strictly proved by admissible documentary evidence of payment.
The priced bill of quantities was not based on approved plans or a construction contract; professional fees and contingency sums lacked proof of payment; rental income lacked landlord records; PMFI-(6) was only marked, not produced. Where the pleading and proof standards are unmet, the court was right to award only what was pleaded and proved.
Whether granting the main prayer bars the alternative loss-of-earnings claim
Where a prayer is pleaded in the alternative, the court must choose between the main and alternative prayers; having decreed the land back and issued a permanent injunction, the plaintiffs could not also recover 57 years of loss of future income.
Prayer (j) was pleaded as an alternative to prayer (f). Since the land was restored to the plaintiffs, the basis for future loss of income fell away; awarding both would duplicate recovery and exceed the pleadings.
Legal principles established
#- The slip rule is limited to correcting errors apparent on the face of the judgment which, if corrected, will not change the substance of the judgment or alter the court's clear intention.
- Special damages must be specifically pleaded and strictly proved; actual payment, not an invoice or proforma invoice, is what the law requires.
- A court cannot grant relief not pleaded and not proven; parties are bound by their pleadings.
- Evidence that does not support or varies the pleadings must be disregarded and goes to no issue.
- A document marked for identification does not count as an exhibit; a fee note is not a payment receipt.
Court orders
#- 1.The application dated 9/12/2025 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Section 99 of the Civil Procedure Act (slip rule)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mecca & another (Suing on Behalf of the Estate of Elizabeth Nasimiyu Nyongesa) v County Government of Trans Nzoia (Environment and Land Case E021 of 2023) [2026] KEELC 1747 (KLR)", Case Analysis (2026). Not stated in the ruling (ELC Kitale; application dated 9/12/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1747/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.