Achilla (Represented by Obina & another) v Aradi (Represented by Agulinda & another) (Environment and Land Case 47 of 2019) [2026] KEELC 3978 (KLR)

1. The court is asked by an application dated 6/3/2026, to review and or set aside the judgment delivered on 29/4/2024 in respect of Kitale Municipality Block 17/Bidii/229, part of LR No. 8815, and also to stay its execution. The grounds are set out on the face of the application and in a supporting affidavit sworn by Rose Nakoba Khisa on 6/3/2026, on behalf of the interested parties through an authority attached as annexure RNK(1). 2. The applicants depose that they learned of the existence of this suit and its decree as per the copy attached as RNK-(2), which had asked for the cancellation of Title Nos. Kitale Municipality ORIGINAL COPY Block 17/Bidii/227, 230, 231, and 228, which had emanated from LR No. 8815, owned by Bidii Farm Co. Ltd. 3. The applicants depose that they had bought various portions of land arising from Land Title No. Kitale Municipality Block 17/Bidii/ 229, as per the green card attached as RNK-(3), from which each of them obtained resultant titles marked as RNK4(a)-(m), which risks cancellation. 4. The applicants depose that they were not parties to the suit and should therefore not be affected by the court’s judgment. The applicants depose that the RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 2

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plaintiff had made an application for review dated 26/6/2025, which was allowed as per a copy attached as RNK-(5), to which they were also not parties. 5. The applicants depose that there was an error apparent on the face of the record where the whole of the parcel arising out of LR No. 8815 Bidii was supposed to be cancelled. 6. It is deposed that the applicants only learned of the said decision after the area chief summoned them after a letter to the DCC and the OCPD Kwanza was received as per attachment marked RNK-(6). The applicants depose that their titles were cancelled without a fair hearing, hence the reliefs sought. ORIGINAL COPY 7. When this matter came up on 5/5/2026, learned counsel for the defendants, Mr. Wanyama, told the court that they were not opposed to the application, while Mr. Ndarwa, Advocate for the plaintiffs, told the court that they were willing to give the applicants consent. Parties were directed to file and exchange written submissions. 8. This court, in its judgment dated 29/4/2024, held that the Land Disputes Tribunal proceedings adopted on 18/7/1995 were a nullity as they were against an already deceased person whose estate had not taken out letters of administration. The RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 3

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implications of the judgment were that title issues in respect of a nullified decree regarding Parcel No. Kitale Municipality Block 17/Bidii 31 and 34 were a nullity, and the LR No. 8815 was to revert to the estate of the late Robert Edward Amutabi. 9. The court also nullified any resultant subdivisions arising out of the nullified decree, over LR No. 8815. The court held that the transfers of LR Nos. 221 and 223 to Imbugah Kiziri Aradi were illegal, and the estate of the deceased was to move out of the land. 10. The judgment elicited an appeal through notices of appeal dated 2/4/2024 and 25/6/2025. It appears from the annexures attached as RNK-4(a)-(m) that ORIGINAL COPY Parcel No. Kitale Municipality Block 17/Bidii/ 553, 560, 563, 665,539, 656, 669, 657, 1117, 665, 1076, 655, 1117, 651, were issued on 15/9/2014, 15/10/2016, 20/6/2019, 10/1/2023, 9/10/2015, 2/9/2015, 3/10/2014, 27/4/2016, 25/8/2022, 16/8/2023, 12/9/2019. 11. This suit was filed on 20/6/2019. A temporary injunction stopping any dealings on Title No. Kitale Municipality Block 17/Bidii/ 227, 228, 230, and 231, was issued on 25/7/2019 and 31/7/2019. RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 4

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12. From the attached copies of title deeds, it is apparent that some of them were processed contrary to the doctrine of lis pendens. The applicants are silent on who they bought and were transferred the land from. It is not clear if they undertook any due diligence before purchasing the land. 13. An error apparent on the face of the record must be self-evident and glaring on the face. It is not one requiring a lot of inquiry to ascertain and establish, as held in NBK Ltd vs Ndungu Njau Civil Appeal No. 211 of 1996 and in Muyondi vs ICDC & Another [2006] 1 EA 243. 14. The applicants have not pointed out which error on ORIGINAL COPY the face of the record is glaring, for the court to grant the orders sought. A nullity is a nullity as held in Benjamin Leonard McFoy -vs- United Africa Company Limited [1961] All ER 1169 15. Review is only exercisable where there is no pending appeal, under Order 45 of the Civil Procedure Rules as read together with Section 80 of the Civil Procedure Act. Grounds of appeal are not the same as grounds of review as held in Pancras T. Swai -vs- Kenya Breweries Ltd [2014] eKLR. RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 5

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16. The basic philosophy inherent in the concept of review is acceptance of human fallibility and acknowledgment of the frailties of human nature, and sometimes the possibility of perversion that may lead to miscarriage of justice, as held in Benjoh Amalgamated Ltd & Another vs KCB Ltd [2014] eKLR. 17. I think the applicants have failed to show any error apparent on the face of the record. They can still apply to join the pending appeals to ventilate their claim, if any, for they have not attached any draft intended defence or asked for joinder as parties to this suit. 18. The applicants are not yet parties to the suit, ORIGINAL COPY judgment, or decree. They have also not met the conditions of stay under Order 42 Rule 6 of the Civil Procedure Rules. 19. I find the application lacking merit. It is dismissed with no order as to costs. 20. Orders accordingly. Ruling dated, signed, and delivered via Microsoft Teams/Open Court at Kitale on this 30th day of June 2026. In the presence of: Court Assistant - Dennis RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 6

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Miss Wanyonyi for applicants present Mr. Kiarie for the plaintiffs absent Mr. Wanyama for the defendants absent HON. C.K. NZILI JUDGE, ELC KITALE. ORIGINAL COPY RULING: KITALE ELC NO. 47 OF 2019 - D.O.D. – 30/06/2026 7

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