Otim v Ndivisi & 3 others (Environment and Land Case E024 of 2020) [2026] KEELC 2061 (KLR)
The bottom line
#A Kenyan court corrected a decree missing the land title number, letting the winning party finally enforce their judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether omission of the title number from the decree constitutes an accidental slip correctable under Section 99 of the Civil Procedure Act
Yes - the omission of LR No. Ngong Township Block 2/475 from the decree was an accidental slip, and the court corrected the decree so the successful litigant may execute it
The judgment of 28th September 2023 directed revocation and cancellation of the titles issued in respect of the suit land, but the extracted decree omitted the registered title number. Since the Land Registry operates on registered title numbers, the omission rendered the decree administratively un-executable. Supplying the identifier does not rewrite the judgment or alter substantive rights; it merely provides administrative clarity. The court therefore invoked Article 159(2)(d) and treated the review application as one under Section 99.
Whether an application couched as a review should be treated as an amendment under the Slip Rule
Yes - where the relief sought is correction of a clerical omission rather than alteration of substantive findings, the court may treat the application as one under Section 99 notwithstanding its framing as a review
Although the application was brought under Section 80 and Order 45, the court found the applicant was not seeking to alter the substantive findings of the judgment, only to insert an inadvertently omitted title number. Guided by Article 159(2)(d) of the Constitution, the court looked past the wrong procedural label and determined the matter under Section 99, citing the Court of Appeal's exposition of the Slip Rule in Standard Chartered Bank v Intercom Services.
Legal principles established
#- The purpose of the Slip Rule is that the formal records and decrees of the Court must perfectly mirror the Court's true intention as expressed in its judgment, and courts may look beyond procedural nomenclature to do substantive justice.
Court orders
#- 1.In exercise of the Court's powers under Section 99 of the Civil Procedure Act, Order 2 of the Decree dated 19th October 2023 is amended and corrected to expressly include LR. No. Ngong Township Block 2/475
- 2.The amended Order 2 of the Decree shall read verbatim: 'THAT an order be and is hereby issued revoking and or cancelling the titles issued in respect of the suit land in the names of the First and Second Defendants respectively, being LR No. Ngong Township Block 2/475.'
- 3.A fresh, amended Decree incorporating this correction be extracted and issued to the Plaintiff/Applicant forthwith for execution
- 4.There shall be no orders as to costs
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 80 and 99 of the Civil Procedure Act; Order 45 Rules 1, 2(1) and 2(2) of the Civil Procedure Rules; Article 159(2)(d) of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Otim v Ndivisi & 3 others (Environment and Land Case E024 of 2020) [2026] KEELC 2061 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2061/eng@2026-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.