[2009] KEHC 3486 (KLR)
The court, upon hearing all counsel and noting their consensus, exercised its inherent jurisdiction and statutory powers under sections 3A and 99 of the Civil Procedure Act to correct typographical errors in its earlier judgment. The corrections involved amending references to specific sections of the Work Injury...
Source-derived case information.
- Citation
- [2009] KEHC 3486 (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 / Ruling on Corrigenda (post Judgment Corrections)
- Outcome
- Typographical errors in the judgment corrected as specified; orders issued accordingly.
- Judges
- JB Ojwang
- Legal Topics
- Judgment Correction, Typographical Errors, Work Injury Benefits Act, Court Inherent Jurisdiction
- 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 / Ruling on Corrigenda (post Judgment Corrections)
Legal Issues
- 1 Whether the court should correct typographical errors in the judgment under ss. 3A and 99 of the Civil Procedure Act.
- 2 Whether the references to specific sections of the Work Injury Benefits Act in the judgment were erroneous and require amendment.
Ratio Decidendi
The court, upon hearing all counsel and noting their consensus, exercised its inherent jurisdiction and statutory powers under sections 3A and 99 of the Civil Procedure Act to correct typographical errors in its earlier judgment. The corrections involved amending references to specific sections of the Work Injury Benefits Act, 2007, to ensure the judgment accurately reflected the intended statutory provisions. The court found that such corrections were necessary for the proper administration of justice and to avoid confusion or misapplication of the law. The orders were to be served on all counsel and supplied to the Kenya Law Reports editors for record accuracy.
Court Disposition
Typographical errors in the judgment corrected as specified; orders issued accordingly.
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
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Petition 185 of 2008
LAW SOCIETY OF KENYA ………………........................……………PETITIONER
- VERSUS -
ATTORNEY-GENERAL ………………….…..................…………..RESPONDENT
CENTRAL ORGANISATION OFTRADE UNIONS (K) …INTERESTED PARTY
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