Ole Kuronoi v Ole Kondonyo (Environment and Land Case E515 of 2017) [2026] KEELC 4255 (KLR)
The bottom line
#A Kenyan landowner lost his bid to swap a different land parcel into an eviction order, because court review only fixes clear errors, not new evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to review its judgment of 22nd March 2023 and ruling of 19th December 2025
The application for review failed; the applicant did not bring himself within the strict confines of Section 80 CPA and Order 45 Rule 1 CPR.
The court held that review jurisdiction is statutory and narrow. The applicant's production of a title deed for a different parcel (Cis-mara/Suswa Kitet/988) was new evidence, not an error apparent on the face of the record. The complaint necessitated amendment of pleadings, impermissible at that stage, and no documentary trail proved the two parcels were the same. The proper remedy was a fresh suit.
Who bears the costs of the application
No orders as to costs, since the applicant failed and the respondent did not participate.
The court reiterated that costs follow the event, but the respondent having not participated, it declined to award costs against the respondent and made none at all.
Legal principles established
#- The jurisdiction to review is statutory and confined to the grounds in Section 80 CPA and Order 45 CPR; review cannot be used to introduce new evidence or amend pleadings after judgment
- Substituting the land parcel in an eviction decree alters substantive rights and the scope of execution and is not a clerical error
Court orders
#- 1.The instant Notice of Motion application dated 3rd March 2026 is found not merited and is dismissed entirely
- 2.No orders as to costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ole Kuronoi v Ole Kondonyo (Environment and Land Case E515 of 2017) [2026] KEELC 4255 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4255/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.