[2025] KEELC 3030 (KLR)
The court found that the omission to award damages to the minor BC was an apparent error on the face of the record, as the minor had properly sued through a next friend and was entitled to the same award as the other claimants. The court relied on established principles that allow for review of judgments to correct...
Source-derived case information.
- Citation
- [2025] KEELC 3030 (KLR)
- Parties
- Plaintiff: Esther Cheptanui Chebii; Plaintiff: Stephen Kiprop Chebii; Plaintiff: HKC (Suing on His Behalf and as the Next Friend of BC - Minor); Plaintiff: Julius Kibet Chebii; Defendant: SBI International Holdings (AG) K; Defendant: National Environment Management Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 19 of 2019
- Procedural Posture
- Notice of Motion / Ruling on Application for Review of Judgment
- Outcome
- application for review allowed
- Judges
- LN Mbugua
- Legal Topics
- Review of Judgment, Award of Damages, Minor Suing Through Next Friend
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Cheptanui Chebii
Plaintiff
Stephen Kiprop Chebii
Plaintiff
HKC (Suing on His Behalf and as the Next Friend of BC - Minor)
Plaintiff
Julius Kibet Chebii
Plaintiff
SBI International Holdings (AG) K
Defendant
National Environment Management Authority
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the omission to award damages to the minor BC in the original judgment was an error apparent on the face of the record.
- 2 Whether the court should review its judgment to include an award to the minor BC.
Ratio Decidendi
The court found that the omission to award damages to the minor BC was an apparent error on the face of the record, as the minor had properly sued through a next friend and was entitled to the same award as the other claimants. The court relied on established principles that allow for review of judgments to correct such errors, and determined that justice required the minor to be awarded Ksh 300,000 as initially intended. The application for review was therefore allowed, and the judgment was reviewed to include the award to the minor.
Court Disposition
application for review allowed
Orders
- The judgment dated 11.4.2024 is reviewed to award the minor BC the sum of Ksh 300,000.
- No orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Chebii & 3 others v SBI International Holdings (AG) K & another (Environment & Land Case 19 of 2019) [2025] KEELC 3030 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3030 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyahururu
Environment & Land Case 19 of 2019
LN Mbugua, J
April 3, 2025
Between
Esther Cheptanui Chebii
1st Plaintiff
Stephen Kiprop Chebii
2nd Plaintiff
HKC (Suing on His Behalf and as the Next Friend of BC - Minor)
3rd Plaintiff
Julius Kibet Chebii
4th Plaintiff
and
SBI International Holdings (AG) K
1st Defendant
National Environment Management Authority
2nd Defendant
Ruling
1. Before me is a notice of motion application dated 18. 11. 2024 in which the plaintiffs are seeking orders for review of the judgment dated 11. 4.2024 so as to award the child named as BC the sum of Ksh 300 000 just like the other claimants. The application is premised on grounds on the face of the application and the supporting affidavit of the 3rd plaintiff, Henry Kosgei. He contends that the said judgment left out the child, yet she had sued through him.
2. The respondents were served but they did not file any responses
3. A perusal of the plaint reveals that the 3rd plaintiff was suing “on his own behalf and as the next friend of the minor.”
4. In the Court of Appeal case of; National Bank of Kenya Ltd v Ndungu Njau Nairobi CA No. 211 of 1996 it was held that;“A review may be granted whenever the courts consider that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be self-evidence and should not require a deliberate argument to be established…”
5. It is clear that the minor child had also sued the defendants, but she could only do so through a next friend. To this end, I find that she also deserves the award. Thus the application dated 18. 11. 2024 is allowed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 3RD DAY OF APRIL 2025 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ojare H/B for Ndegwa Wahome for the Applicant.Murimi Ndumia for Respondent-Absent.