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ELCDismissedMRG ELC E020 OF 2025· [2026] KEELC 4853 (KLR)

Thuita & 2 others v Mwangi (Legal representative of the Estate of Francis Mwangi Njuguna) & 4 others (Land Originating Summons E020 & E051 of 2025 (Consolidated)) [2026] KEELC 4853 (KLR)

Environment and Land Court
27 July 2026
1,143 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Murang'a dismissed a request to review its ruling, confirming that a party's own mistakes cannot be fixed through review.

What this practically means

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Executive summary

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The 1st Respondent in ELC Case E020 of 2025 (Murang'a) moved the Court by notice of motion dated 30-3-2026 under Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules, seeking review of the Court's ruling of 11-2-2026, correction or expunging of what she described as an inadvertent admission in her replying affidavit sworn on 11-9-2025, re-opening of the application dated 3-9-2025, leave to file a corrected affidavit, and consolidation with ELC Case No. E051 of 2025. The Plaintiffs opposed, arguing the motion was brought in bad faith to alter sworn averments and that even the purported corrected affidavit reaffirmed the Plaintiffs' occupation of the suit land, though they did not oppose consolidation. The Court framed four issues and held that although it had power to review its own ruling, that power is confined to the grounds in Order 45 rule 1. Adopting National Bank of Kenya Ltd vs Ndungu Njau, it held that an error apparent on the face of the record is an error in the Court's record, order, judgment or decree, not a party's mistake or mistaken admission. The Applicant remained free to file additional evidence or amend pleadings, but at the risk of cross-examination on her two conflicting sworn positions. The Court also found the Plaintiffs would suffer prejudice from delay and cost. The motion was dismissed with costs. The judgment does not indicate whether the consolidation prayer, which the Plaintiffs did not oppose, was separately granted.

Key legal issues

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01

Jurisdiction to review the ruling of 11-2-2026

Holding

The Court has power to review its own ruling but only within the narrow grounds of Order 45 rule 1.

Reasoning

The Court accepted it could review its ruling of 11-2-2026, but stressed that the power is confined by Order 45 rule 1 to cases where no appeal has been preferred, where there is discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason. The motion had to fit within those grounds to succeed.

p. 3
02

Whether the party's mistaken admission is an error apparent on the face of the record

Holding

No - a party's own error or mistaken admission is not an error apparent on the face of the record.

Reasoning

Relying on National Bank of Kenya Ltd vs Ndungu Njau, the Court held that the error must be self-evident and in the Court's record. A party's wrong evidence, wrong legal argument or mistaken concession does not qualify. The Applicant's inadvertent admission in her replying affidavit was a party's error and could not ground review.

p. 3
03

Leave to file further affidavit clarifying the error

Holding

The Applicant may file additional evidence or amend pleadings, but that does not warrant review and exposes her to cross-examination and credibility risk.

Reasoning

The Court observed it would not restrict a party in the evidence filed, and the 1st Respondent remained free to file additional evidence or amend pleadings. However, that freedom did not justify review of the ruling, and her two conflicting sworn positions on occupation would expose her to cross-examination and a credibility risk.

p. 4
04

Prejudice to the Plaintiffs

Holding

The Plaintiffs would suffer prejudice through delay and increased cost of litigation.

Reasoning

The Court found the motion had caused delay in prosecuting the suit and was increasing the cost of litigation, to the Plaintiffs' prejudice. This reinforced the dismissal of the motion.

p. 4

Legal principles established

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  • An error apparent on the face of the record for purposes of review is an error in the Court's own record, order, judgment or decree, not an error made by a party.
  • Review under Order 45 rule 1 is confined to cases where no appeal has been preferred, where there is discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason.

Court orders

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  1. 1.The motion dated 30-3-2026 is dismissed
  2. 2.Costs of the application to the Plaintiffs
Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules

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, "Thuita & 2 others v Mwangi (Legal representative of the Estate of Francis Mwangi Njuguna) & 4 others (Land Originating Summons E020 & E051 of 2025 (Consolidated)) [2026] KEELC 4853 (KLR)", Case Analysis (2026). MRG ELC E020 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4853/eng@2026-07-27

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