Githinji v Mungai (Environment and Land Appeal E017 of 2023) [2026] KEELC 4088 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Correct formula for calculating land size commensurate with the partly paid purchase price
The formula is (amount paid ÷ purchase price) × size in hectares × 2.471, yielding 0.5714 × 1.21 × 2.471 = 1.70852 acres.
The court set out the variables: amount paid Kshs 200,000 (a), purchase price Kshs 350,000 (b), land size 1.21 hectares (c), and the hectare-to-acre conversion factor 2.471 (d). Applying (a)÷(b)×(c)×(d) it computed 0.5714 × 1.21 = 0.6914 hectares, and 0.6914 × 2.471 = 1.70852 acres, rejecting the figures of 1.7285 and 1.78052 acres urged by the parties.
Whether the judgment contains an error apparent on the face of the record
Yes; the prior computation of the acreage was arithmetically wrong and the judgment/decree should be amended to 1.7085 acres.
Because the correct application of the formula yields 1.70852 acres rather than the 1.7285 or 1.78052 acres reflected in the judgment, the court found a mistake apparent on the face of the record, justifying amendment of the judgment and the subsequent decree without a full review of the merits.
Whether the court should determine the amounts payable between the parties
No; the court declined to determine the amounts payable because the judgment of 23-6-2025 made no order for refund of the partly paid purchase price.
The Appellant's motion sought further orders that the amounts payable be fully and finally determined. The court held that this relief was unwarranted because the underlying judgment did not order any refund of the partly paid purchase price by the Appellant to the Respondent, so there was nothing to compute in that respect.
Legal principles established
#- The correct formula for computing the area of land commensurate with a partly paid purchase price is: amount paid divided by the agreed purchase price, multiplied by the size of the land in hectares, multiplied by 2.471 to convert hectares to acres.
- A wrong arithmetical result in a judgment constitutes an error apparent on the face of the record warranting amendment.
Court orders
#- 1.The motion dated 24-11-2025 is allowed
- 2.The size of the land to be transferred to the Respondent by the Appellant is reduced from 1.780 acres to 1.7085 acres
- 3.No order as to costs
- Jurisdiction invoked
- Inherent/review jurisdiction to correct a clerical or arithmetical mistake in its own judgment and decree (provision not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Githinji v Mungai (Environment and Land Appeal E017 of 2023) [2026] KEELC 4088 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4088/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.