Kilili v Musomba & another (Environment and Land Appeal 54 of 2008) [2026] KEELC 1780 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the requirements for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1(b) of the Civil Procedure Rules, 2010 were satisfied
The court found that the misnaming of the 1st and 2nd Respondents, occasioned by the Appellant's mistake when instituting the appeal, was an error apparent on the face of the record justifying review and correction of the names to match their National Identification Cards
The court set out the tests for review from Section 80 of the Civil Procedure Act and Order 45 Rule 1(b), and the authorities on error apparent on the face of the record. The applicants attached their identification cards showing their true names as Wambua Munguti and Anna Nzemba Munguti. The judgment of 24th March 2017 had captured them as Wambua Musomba and Nzemba Musomba due to the Appellant's mistake when filing the appeal. The error was self-evident, required no elaborate argument, and was uncontroverted, as the Respondent was served but filed no reply.
Whether an unopposed application for review should be granted
The application was served on the Respondent but no reply was filed; the court proceeded to grant it on its merits against the statutory tests
The court noted that although served, the Respondent filed no reply. It nonetheless examined the application against the requirements of Section 80 of the Civil Procedure Act and Order 45 Rule 1(b) and the cited authorities before concluding that the application was merited. The correction sought was a straightforward rectification of names in line with the applicants' identification cards, and the court found it in the interest of justice to amend the judgment accordingly.
Legal principles established
#- A court may review its decision where there is a mistake or error apparent on the face of the record, but the discretion must be exercised judiciously and not capriciously
- An error or omission sufficient for review must be self-evident and not require elaborate argument to establish
Court orders
#- 1.The judgment dated and delivered on 24th March 2017 by Hon. Justice Oscar A. Angote is amended and/or reviewed in terms of the 1st and 2nd Respondents' names to read Wambua Munguti alias Wambua Musomba & Anna Nzemba Munguti alias Nzemba Musomba respectively in accordance with their National Identification Cards
- 2.No orders as to costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (Cap 21) and Order 45 of the Civil Procedure Rules, 2010 (with Sections 1A, 1B, 3A and 99 of the Civil Procedure Act and Order 51 Rule 1)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kilili v Musomba & another (Environment and Land Appeal 54 of 2008) [2026] KEELC 1780 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1780/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.