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ELCDismissedKitale ELC No. 47 of 2019· [2026] KEELC 3978 (KLR)

Achilla (Represented by Obina & another) v Aradi (Represented by Agulinda & another) (Environment and Land Case 47 of 2019) [2026] KEELC 3978 (KLR)

Environment and Land Court
30 June 2026
CNC.K. Nzili
1,086 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Kitale Environment and Land Court refused to reverse a judgment that nullified land subdivisions, telling buyers to join pending appeals instead of seeking review.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kitale on a notice of motion dated 6/3/2026 brought by persons who describe themselves as interested parties, led by Rose Nakoba Khisa. They sought review and setting aside of the judgment delivered on 29/4/2024 in Kitale ELC No. 47 of 2019, which declared the Land Disputes Tribunal proceedings adopted on 18/7/1995 a nullity (having been conducted against a deceased person whose estate had not taken out letters of administration), nullified resultant subdivisions over LR No. 8815, and directed that the land revert to the estate of the late Robert Edward Amutabi. The applicants deposed that they had purchased portions arising from Kitale Municipality Block 17/Bidii/229 and risked losing their titles without a hearing, having learned of the suit only when the area chief summoned them. They also sought stay of execution. The defendants did not oppose the application, and the plaintiffs were willing to consent, but the court dismissed it. The court held that an error apparent on the face of the record must be self-evident and glaring, that the applicants had pointed to no such error, and that a nullity is a nullity. Review is only exercisable where no appeal is pending, and notices of appeal had been filed. The applicants were found not to be parties to the suit, judgment or decree, were silent on their transferors and due diligence, and some titles appeared processed contrary to lis pendens. They did not meet the Order 42 Rule 6 conditions for stay. The application was dismissed with no order as to costs.

Key legal issues

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01

Whether an error apparent on the face of the record was demonstrated

Holding

No error was pointed out; the application for review fails

Reasoning

The court restated the settled test that an error apparent on the face of the record must be self-evident and glaring, citing NBK Ltd v Ndungu Njau and Muyondi v ICDC. The applicants did not identify any such error in the judgment of 29/4/2024, which had nullified the Land Disputes Tribunal proceedings and resultant subdivisions. Their assertion of error was unsupported and the court could not grant review without it.

p. 5
02

Whether non-parties can be affected by the judgment and seek review/stay

Holding

The applicants are not parties to the suit, judgment or decree, and have not sought joinder; their remedy lies in joining the pending appeals

Reasoning

The applicants claimed they bought portions of the suit land and risk losing titles without a hearing. The court noted they did not disclose their transferors or any due diligence, and that some titles were processed contrary to lis pendens. Since they never sought joinder or attached a draft defence, the court found they could apply to join the pending appeals instead.

p. 6
03

Whether stay of execution was warranted

Holding

Stay was refused as the Order 42 Rule 6 conditions were not met

Reasoning

The court observed that the applicants are not yet parties to the suit, judgment or decree, and therefore could not invoke stay. Additionally, they failed to satisfy the conditions for stay under Order 42 Rule 6 of the Civil Procedure Rules. The stay prayer therefore fell away along with the review prayer.

p. 6

Legal principles established

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  • An error apparent on the face of the record must be self-evident and glaring, not requiring extensive inquiry to establish
  • A nullity remains a nullity and cannot be cured or validated
  • Review is only exercisable where there is no pending appeal
  • Grounds of appeal are not the same as grounds of review
  • The philosophy of review rests on acceptance of human fallibility and the possibility of miscarriage of justice

Court orders

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  1. 1.The application dated 6/3/2026 is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Sections 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules (review), and Order 42 Rule 6 (stay)

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, "Achilla (Represented by Obina & another) v Aradi (Represented by Agulinda & another) (Environment and Land Case 47 of 2019) [2026] KEELC 3978 (KLR)", Case Analysis (2026). Kitale ELC No. 47 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3978/eng@2026-06-30

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