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JudgmentALICE KHASHINDU LUYAI AND WICKLIFFE LUVANDA ANDUNGA AND 11 Others VS NATHAN SHIVULU MBELESIA2 min read

ALICE KHASHINDU LUYAI AND WICKLIFFE LUVANDA ANDUNGA AND 11 Others VS NATHAN SHIVULU MBELESIA

Environment and Land Court at Kapsabet Environment and Land Court · · G. A. Ongondo

 1. Upon noting the ruling delivered on 23rd March 2023 by this Honourable court herein, there is an accidental slip regarding the date of its delivery.

2. It is borne in mind that section 99 of the Civil Procedure Act Chapter 21 Laws of Kenya stipulates;

'Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its motion or on the application of any of the parties.'

3.In the case of Republic vs Attorney General & 15 others; Ex parte Kenya Seed Company Ltd & 5 others {2010} KECA 23 (KLR), the Court of Appeal observed;

'........It is a codification of the common law doctrine dubbed 'the Slip Rule' ........Some of the applications of the rule are fairly obvious and common place and are easily discernable like clerical errors, arithmetical mistakes, calculations of interest, wrong figures or dates. Each case will, of course, depend on his own its facts.,,,,,,'


4. It is trite law that a clerical error is an issue that falls under the 'Slip Rule' and the test be satisfied in that regard; see Fred Otieno Outa vs Okello & 3 others {2024) KESC 2 (KLR) 'where the Supreme Court of Kenya held;

'....This case was clearly a case of under the slip rule.......'

5.In the premises, there is a clerical mistske in this Honourable court's ruling delivered on 23rd March 2026 as regards the application dated 7th October 2025. Indeed, the ruling was delivered on 23rd March 2026 as disclosed in the proceedings and not on 24th March 2026 as shown at the foot of the ruling thus, the correction of the date by the court on its own motion, would be necessary.

6. Accordingly, the ruling on the application dated 7th October 2025, be and is hereby corrected under section 99 (supra) to read 23rd MARCH 2026 iN LIEU of 24th MARCH 2026 as shown therein with no orders as to costs.


7. It is so ordered.


DATED and DELIVERED VIRTUALLY at KAPSABET this 25TH day of MARCH 2026.


G M A ONGONDO
JUDGE


PRESENT

Kariuki, court assistant