Eng. Dr. Karanja Kibicho v Schon Ahmed Noorani & another (Ex Parte Applicants)
The bottom line
#Filing an appeal prevents you from simultaneously seeking a review of the same court decision in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether an application for review can coexist with a pending appeal
The application collapses because the applicant lodged a Notice of Appeal dated 31st October 2019 while simultaneously seeking review
Section 80 of the Civil Procedure Act and Order 45 Rule 1 permit review only where no appeal has been preferred, or where no appeal is allowed. Since the applicant had already filed a Notice of Appeal, the application offended both provisions, and on that ground alone it failed.
Whether the grounds cited qualify as grounds for review
All the grounds cited are grounds of appeal, not grounds for review; the applicant was inviting the court to sit as an appellate court on its own decision
The court reviewed the jurisprudence on error apparent on the face of the record, holding that such an error must be self-evident and not require elaborate argument. The applicant's complaints about jurisdiction, natural justice, service and constitutionality were merits-based challenges amounting to an appeal in disguise.
Legal principles established
#- A litigant cannot prefer an appeal and at the same time apply for review of the same decision
- Review is confined to error apparent on the face of the record; a court cannot sit in appeal over its own decision
Court orders
#- 1.Dismissal of the first Respondent's application dated 25th November 2019
- 2.Costs of the application to the ex parte applicants
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, 2010 (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eng. Dr. Karanja Kibicho v Schon Ahmed Noorani & another (Ex Parte Applicants)", Case Analysis (2020). Notice of Motion dated 25th November 2019 (Judicial Review proceedings). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.