https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3061
The court held that the incorrect entry of the month at the foot of the judgment was an accidental slip within section 99 of the Civil Procedure Act and therefore corrected the error by substituting September with October to reflect the true date of the judgment delivered on 7th October 2025.
Source-derived case information.
- Citation
- [2026] KEELC 3061 (KLR)
- Parties
- 1 ST PLAINTIFF: FLORENCE JEPKOSGEI; 2 ND PLAINTIFF: ROBERT KIPROP; 3 RD PLAINTIFF: MERCY JELAGAT; 4 TH PLAINTIFF: GEOFFREY KIPTOO; 1 ST DEFENDANT: JOHNSON KIPROTICH MAIYO; 2 ND DEFENDANT: WILLIAM KIPNGETICH MAIYO
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E022 of 2025
- Procedural Posture
- Civil Land Matter / Ruling on Correction of Accidental Slip in Judgment
- Outcome
- Allowed; accidental slip corrected.
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Accidental Slip Rule, Correction of Clerical Error, Section 99 Civil Procedure Act, Judgment Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FLORENCE JEPKOSGEI
1 ST PLAINTIFF
ROBERT KIPROP
2 ND PLAINTIFF
MERCY JELAGAT
3 RD PLAINTIFF
GEOFFREY KIPTOO
4 TH PLAINTIFF
JOHNSON KIPROTICH MAIYO
1 ST DEFENDANT
WILLIAM KIPNGETICH MAIYO
2 ND DEFENDANT
Procedural Posture
Civil Land Matter / Ruling on Correction of Accidental Slip in Judgment
Legal Issues
- 1 Whether the court could correct the month stated at the foot of the judgment from September to October.
- 2 Whether the error amounted to an accidental slip or clerical mistake under section 99 of the Civil Procedure Act.
Ratio Decidendi
The court held that the incorrect entry of the month at the foot of the judgment was an accidental slip within section 99 of the Civil Procedure Act and therefore corrected the error by substituting September with October to reflect the true date of the judgment delivered on 7th October 2025.
Court Disposition
Allowed; accidental slip corrected.
Orders
- The month 'September' at the foot of the judgment is corrected and replaced with 'October'.
- The judgment date remains 7th October 2025.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT OF KENYA** **AT KAPSABET** **ELCLC NO. E022 OF 2025** **FLORENCE JEPKOSGEI…….................................................1ST PLAINTIFF** **ROBERT KIPROP……………………………………………....2ND PLAINTIFF** **MERCY JELAGAT…………………………………...………….3RD PLAINTIFF** **GEOFFREY KIPTOO…………………………..………………4TH PLAINTIFF** **-VERSUS-** **JOHNSON KIPROTICH MAIYO…………………….……..1ST DEFENDANT** **WILLIAM KIPNGETICH MAIYO………………….……….2ND DEFENDANT** **RULING** 1. This court delivered Judgment in favour of the plaintiffs against the defendants in the present matter on 7th October 2025. 2. Apparently, the month shown at the foot of the judgment is ‘September’ in lieu of ‘October’ hence, an accidental slip for correction by this court. 3. The court is mandated to correct the accidental slip under **Section 99 of the Civil Procedure Act Chapter 21 Laws of Kenya** which provides; *‘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 own motion or on the application of any of the parties.’* 1. It is trite law that the main objective of such correction is to give effect to the true intention of the court at the time of delivery of the judgment and steer the decision towards logical, or clerical perfection through the ‘Slip Rule’ under **Section 99** (supra)*; see* **Outa vs Okello & 3 others {2017} KESC 25 (KLR)**. 2. Wherefore, the accidental slip or error at the foot of this Honourable court’s judgment delivered on 7th October 2025 erroneously shown as 7th September 2025, is hereby corrected by replacing the Month ‘September’ with the Month ‘October’ therein. 3. *It is so ordered.* **DATED** and **DELIVERED VIRTUALLY** at **KAPSABET** this **21st** day of **May 2026.** **HON. G. M. A. ONGONDO** **JUDGE**