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ELCAllowedApplication dated 18/2/2026 (Kitale ELC)· [2026] KEELC 3332 (KLR)

Mukhwana v Sawenja & another (Environment and Land Case 60 of 2019) [2026] KEELC 3332 (KLR)

Environment and Land Court
3 June 2026
950 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed it can fix typing mistakes in judgments—like wrong names or parcel numbers—without reopening the whole case.

What this practically means

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Executive summary

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By an application dated 18/2/2026, the plaintiff/applicant, Joyce Mukhwana, sought rectification under Section 99 of the Civil Procedure Act of the judgment delivered on 24/9/2025: correction of the plaintiff's name from Jackson Siundu Makhwana to Jackton Siundu Mukhwana (the deceased initial plaintiff she replaced upon his demise on 20/2/2024 by an amended plaint dated 1/3/2024), correction of the 2nd defendant's name from John Wakoli Sawenja to John Waloki Sawenja, correction of the land parcel number, and corresponding amendments to the proceedings. The defendant, Protus Sawenja, opposed via grounds of opposition dated 17/3/2026 and a replying affidavit sworn 19/3/2026, arguing the court was functus officio because a review application dated 6/11/2025 on similar grounds had been dismissed on 4/2/2026, and that the alleged errors went to the substance of the matter and were for the appellate court. The court, applying Fredrick Otieno Outa and Rai v Rai on the slip rule, distinguished the earlier review application, which had sought to set aside the judgment on new evidence and not to rectify the description of the parties and parcel numbers. It found the errors self-evident, undisputed, and such that their correction would not change the substance of the judgment but would advance the ends of justice. The application was allowed, the titular heading and parcel number were corrected, with no order as to costs.

Key legal issues

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01

Scope of the slip rule under Section 99 of the Civil Procedure Act

Holding

The court may correct clerical mistakes, arithmetical mistakes, or errors arising from accidental slip or omission in judgments, orders or decrees, where the correction does not change the substance of the judgment.

Reasoning

Section 99 empowers the court to correct clerical or arithmetical mistakes in judgments, orders or decrees, and Section 100 permits amendment of defects or errors in proceedings at any time. Drawing on the Outa and Rai authorities, the court held the slip rule exists to advance the administration of justice, not to reopen a decided matter. Here the errors in the party names and parcel number were self-evident on the pleadings and judgment, were undisputed, and their correction would not alter the substance of the judgment.

p. 2
02

Whether the prior dismissed review application bars rectification (functus officio)

Holding

The functus officio objection fails because the earlier application, brought under Order 45 and Section 80, sought to set aside the judgment on new evidence and did not seek rectification of the names and parcel numbers.

Reasoning

The respondents argued the court was functus officio because a review application dated 6/11/2025 on similar grounds was dismissed on 4/2/2026. The court distinguished that application: it had sought to set aside the judgment based on new and important evidence while a notice of appeal was pending, and the court had not been asked to rectify errors in the description of the parties and parcel numbers as in the present application. The present Section 99/100 application was therefore competent.

p. 2

Legal principles established

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  • The slip rule is not intended to allow a losing party to relitigate or reopen a matter merely because such a party is unhappy with the outcome of the case.
  • The slip rule is an essential means towards the administration of justice.

Court orders

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  1. 1.Correction of the errors on the titular heading of the judgment as to the names of the plaintiff and the 2nd defendant to reflect the amended plaint dated 1/3/2024 instead of 31/7/2019
  2. 2.Correction of the parcel number to read Kiminini/Kiminini Block 9 (Birunda Farm)/342 instead of Kiminini/Kiminini/Block 8(Birunda Farm)/343
  3. 3.No order as to costs
Jurisdiction invoked
Section 99 and Section 100 of the Civil Procedure Act (slip rule)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mukhwana v Sawenja & another (Environment and Land Case 60 of 2019) [2026] KEELC 3332 (KLR)", Case Analysis (2026). Application dated 18/2/2026 (Kitale ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3332/eng@2026-06-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.