[2009] KEHC 2093 (KLR)
The court, upon hearing all counsel and noting their agreement, exercised its inherent jurisdiction and statutory powers to correct typographical errors in the judgment. The corrections involved amending references to specific sections of the Work Injury Benefits Act, 2007, ensuring the judgment accurately reflects...
Source-derived case information.
- Citation
- [2009] KEHC 2093 (KLR)
- Parties
- Petitioner: Law Society of Kenya; Respondent: Attorney-General; Interested Party: Central Organisation of Trade Unions (K)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 185 of 2008
- Procedural Posture
- Constitutional Petition / Corrigenda Ruling
- Outcome
- Typographical errors in the judgment corrected as specified.
- Judges
- JB Ojwang
- Legal Topics
- Work Injury Benefits, Judgment Correction, Fundamental Rights, Typographical Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Law Society of Kenya
Petitioner
Attorney-General
Respondent
Central Organisation of Trade Unions (K)
Interested Party
Procedural Posture
Constitutional Petition / Corrigenda Ruling
Legal Issues
- 1 Whether typographical errors in the judgment should be corrected under the Civil Procedure Act and the court's inherent jurisdiction.
- 2 Whether the references to specific sections of the Work Injury Benefits Act, 2007 in the judgment were erroneous and require amendment.
Ratio Decidendi
The court, upon hearing all counsel and noting their agreement, exercised its inherent jurisdiction and statutory powers to correct typographical errors in the judgment. The corrections involved amending references to specific sections of the Work Injury Benefits Act, 2007, ensuring the judgment accurately reflects the law. The court found that such corrections are necessary to prevent injustice and to ensure the integrity of the judicial record, as permitted by the Civil Procedure Act.
Court Disposition
Typographical errors in the judgment corrected as specified.
Orders
- On page 61, reference to s. 7(2) of the Act corrected to s. 7(4) of the Work Injury Benefits Act, 2007.
- On page 12, reference to s. 7(2) corrected to s. 7(4) of the Work Injury Benefits Act, 2007.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
Petition 185 of 2008
IN THE MATTER OF : SECTION 84 OF THE CONSTITUTION OF KENYA
IN THE MATTER OF : THE WORK INJURY BENEFITS ACT, 2007
IN THE MATTER OF: CONTRAVENTION AND/OR
APPREHENDED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
LAW SOCIETY OF KENYA ………………..….............................…………PETITIONER
- VERSUS -
ATTORNEY-GENERAL ………………..........................….……………..RESPONDENT
CENTRAL ORGANISATION OFTRADE UNIONS (K) PARTY………INTERESTED
CORRIGENDA - RULING
A sixty-three page Judgment was delivered after a hearing of the petition, on 4th March, 2009.
Thereafter, it turned out that there were typographical errors in the final judgment.
Learned counsel for the petitioner moved this Court by virtue of ss. 3A and 99 of the Civil Procedure Act, to effect the necessary corrections (Notice of Motion of 23rd March, 2009).
With all the counsel in the matter present or represented, I have today heard the specific details of the said typographical errors in the Judgment; and all counsel agree that the same be corrected.
On that basis, and exercising the relevant powers of this Court, as well as this Court’s inherent jurisdiction, I hereby make corrections to the petition judgment aforesaid as follows:
(1)On page 61 of the judgment, the reference to s. 7(2) of the Act shall instead refer to s. 7(4) of the Work Injury Benefits Act, 2007.
(2) On page 12 of the judgment, the reference to s. 7(2) of the same statute (the Work Injury Benefit Act) shall instead refer to s. 7(4) of that Act.
(3)On page 39 of the Judgment, the reference to s. 21 (1) and (3) of the said Work Injury Benefits Act shall instead be to s. 25 (1) and (3) of the same Act.
(4)On page 60 of the Petition Judgment, the reference to s. 21(1) of the Work Injury Benefits Act shall instead be to s. 25(1) of the same Act.
(5) In the final decision on page 62 of the said Petition Judgment, the reference to s. 21(1) of the Work Injury Benefits Act shall be deleted, as it is inapplicable.
(6) These orders shall be prepared in typescript, and shall be served upon all counsel involved in the petition, who will advise the parties accordingly.
(7)A copy of these orders shall be supplied by the Deputy Registrar to the Editors of the KenyaLaw Reports.
DATED and DELIVERED at Nairobi this 1st day of July, 2009.
J.B. OJWANG
JUDGE
Coram: Ojwang, J.
Court Clerk: Huka
For the Petitioner: Mr. Ngatia
For the Respondent: Mrs. Guserwa holding brief
Mr. Ombwayo
Interested Party: Mrs Guserwa