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Case Brief · caselaw.co.ke
ELCAllowedELC Case No. 87 of 2019

Francis Kipkoech Lelei v Stephen Keino Tarus

Environment and Land Court of Kenya
24 September 2026
2,333 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed that a wrong property description in a court decree can be corrected anytime under Section 99 without reopening the case.

What this practically means

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Executive summary

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The plaintiff/applicant moved the Environment and Land Court at Eldoret by Notice of Motion dated 16th December 2025 seeking correction of a clerical error in the decree issued on 19th April 2023 following the court's judgment in ELC Case No. 87 of 2019. The decree described the suit property as 'Land Parcel No. Lainguse/Kiptega/Ol'leguise/487 at Kondoo' instead of 'LAND PARCEL NO. KONDOO SETTLEMENT SCHEME/487'. The applicant explained that the property was consistently described correctly in the pleadings, evidence, submissions and judgment, and that the Lands Registry had declined to act on the decree because its description did not tally with the parcel file, frustrating execution. The application was served but unopposed. The court framed a single issue: whether the decree contained an accidental slip or omission amendable under Section 99 of the Civil Procedure Act. Relying on the slip-rule jurisprudence in Raniga v Jivalji, Nguruman Limited v Attorney General, Patrick Kilonzo v TSC and Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya, the court held that the erroneous description was inconsistent with the property adjudicated upon, was an accidental slip in extraction of the decree, and did not amount to a substantive alteration of the judgment. No prejudice to the respondent was demonstrated. The application was allowed: the clerical error was corrected, the wrong description deleted and substituted, the Deputy Registrar directed to issue an amended decree, and each party ordered to bear its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the decree issued on 19th April 2023 has errors arising therein from any accidental slip or omission that can be amended and/or rectified
  2. 2.Who shall bear the costs of the present application

Key legal issues

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01

Whether the wrong property description in the decree is an accidental slip correctable under Section 99

Holding

Yes - the discrepancy was an accidental slip or omission within Section 99, amenable to correction, since the pleadings, evidence and judgment consistently described the property as KONDOO SETTLEMENT SCHEME/487

Reasoning

The court perused the record and found the suit property was throughout referred to as LR. No. Kondoo Settlement Scheme/487. The applicant was not seeking reconsideration of the judgment or introduction of a different parcel; the correction was confined to the description in the decree. The decree's description was inconsistent with the property adjudicated upon, and no prejudice was shown to the respondent.

p. 11
02

Costs of the application

Holding

Each party to bear its own costs, because the respondent, though served, did not participate in the application

Reasoning

The general rule is that costs follow the event under the proviso to section 27 of the Civil Procedure Act unless the court is satisfied otherwise. Since the respondent did not participate despite being served, the court departed from the general rule.

p. 11

Legal principles established

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  • Section 99 of the Civil Procedure Act permits correction of clerical or arithmetical mistakes and accidental slips at any time, but does not allow reopening or substantive alteration of a judgment
  • An erroneous property description in a decree inconsistent with the property adjudicated upon is an accidental slip correctable under Section 99

Court orders

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  1. 1.The clerical error appearing in the Decree issued on 19th April 2023 is corrected
  2. 2.The description of the suit property in the Decree as 'Land Parcel No. Lainguse/Kiptega/Ol'leguise/487 at Kondoo' is deleted and substituted with 'LAND PARCEL NO. KONDOO SETTLEMENT SCHEME/487'
  3. 3.The Deputy Registrar of the Court is directed to issue an amended and corrected Decree reflecting the proper description of the suit property as LAND PARCEL NO. KONDOO SETTLEMENT SCHEME/487
  4. 4.Each party to bear its own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 99 of the Civil Procedure Act, Cap 21 (slip rule)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Consequently, the Notice of Motion Application dated 16th December 2025 is hereby allowed in the following terms:
p. 11disposition
The clerical error appearing in the Decree issued on 19th April 2023 is hereby corrected.
p. 11final orders - correction of decree
The Deputy Registrar of this Court is hereby directed to issue an amended and corrected Decree reflecting the proper description of the suit property as LAND PARCEL NO. KONDOO SETTLEMENT SCHEME/487.
p. 12final orders - amended decree
The provision does not, however, confer upon the Court a power to reopen, reconsider or substantively alter a judgment under the guise of correcting an error.
p. 5limits of the slip rule
While the absence of opposition does not, by itself, entitle an Applicant to the orders sought, it is a relevant consideration where the Court independently finds that the statutory threshold under Section 99 has been satisfied.
p. 10unopposed applications

Issues in the judgment

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minor

Inconsistent citation of the same East African authority

minor

Delivery date of 2026 appears anomalous relative to application date of December 2025

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, "Francis Kipkoech Lelei v Stephen Keino Tarus", Case Analysis (2026). ELC Case No. 87 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5682/eng@2026-09-24

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