[2020] KESC 13 (KLR)
The Supreme Court determined that it had the authority under Section 21(4) of the Supreme Court Act to correct an error in the composition of the bench as indicated in its previous ruling. The court found that the initial indication of the Coram was an inadvertent error, as the correct bench was constituted on 7th...
Source-derived case information.
- Citation
- [2020] KESC 13 (KLR)
- Parties
- Applicant: Rose Jebor Kipngok; Respondent: Kiplagat Kotut
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Civil Application 34 of 2019
- Procedural Posture
- Civil Application / Order on Correction of Ruling
- Outcome
- Order granted correcting the Coram in the previous ruling.
- Judges
- PM Mwilu, MK Ibrahim, SC Wanjala, NS Ndungu, I Lenaola
- Legal Topics
- Correction of Errors, Supreme Court Powers, Clerical Errors, Bench Constitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rose Jebor Kipngok
Applicant
Kiplagat Kotut
Respondent
Procedural Posture
Civil Application / Order on Correction of Ruling
Legal Issues
- 1 Whether the Supreme Court can correct an error in the composition of the bench as indicated in its previous ruling.
- 2 Whether such correction forms part of the original ruling.
Ratio Decidendi
The Supreme Court determined that it had the authority under Section 21(4) of the Supreme Court Act to correct an error in the composition of the bench as indicated in its previous ruling. The court found that the initial indication of the Coram was an inadvertent error, as the correct bench was constituted on 7th July, 2020. The court exercised its statutory power to amend the ruling by deleting the incorrect Coram and inserting the correct one, thereby ensuring the accuracy of its records. This correction forms part of the original ruling and is necessary for the integrity of the court's proceedings.
Court Disposition
Order granted correcting the Coram in the previous ruling.
Orders
- The Coram is corrected by deleting '(Maraga, CJ & P; Mwilu DCJ & V-P; Ibrahim, Wanjala & Lenaola, SCJJ)' and inserting '(Mwilu, DCJ & V-P; Ibrahim, Wanjala, Njoki & Lenaola, SCJJ)'.
- This order shall constitute part of the ruling of the court.
Full Case Text
Judgment text and source record
20 paragraphs
Rose Jebor Kipngok v Kiplagat Kotut (Civil Application 34 of 2019) [2020] KESC 13 (KLR) (18 September 2020) (Order)
Rose Jebor Kipngok v Kiplagat Kotut [2020] eKLR
Neutral citation: [2020] KESC 13 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Civil Application 34 of 2019
PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala, NS Ndungu & I Lenaola, SCJJ
September 18, 2020
Between
Rose Jebor Kipngok
Applicant
and
Kiplagat Kotut
Respondent
Order
1. On 4th September 2020, this Court delivered a Ruling dismissing the Application dated 12th November, 2019 and affirming the Appellate Court’s decision delivered on 17th October, 2019, declining leave to appeal to this Court. In the said Ruling at the heading, we erroneously indicated that the Coram consisted of (Maraga, CJ& P; Mwilu, DCJ & V-P; Ibrahim, Wanjala & Lenaola, SCJJ) which was in accordance with the bench constituted on 6th March, 2020. This was an inadvertent error as per the amended bench constituted on 7th July, 2020, the Coram consisted of (Mwilu, DCJ & V-P, Ibrahim, Wanjala, Njoki & Lenaola, SCJJ).
2. Section 21(4) of the Supreme Court Act clothes this Court with general powers to correct any apparent errors in its Judgments, Rulings and/or Orders as follows:General Powers.21. (1). . .(2). . .(3). . .(4)Within fourteen days of delivery of its judgment, ruling or order, the Court may, on its own motion or on application by any party with notice to the other or others, correct any oversight or clerical error of computation or other error apparent on such judgment, ruling or order and such correction shall constitute part of the judgment, ruling or order of the Court.
3. As a result, we hereby Order as follows:(i)The Coram is corrected by deleting “(Maraga, CJ & P; Mwilu DCJ & V-P; Ibrahim, Wanjala & Lenaola, SCJJ)” and inserting therein the Coram of “(Mwilu, DCJ & V-P; Ibrahim, Wanjala, Njoki & Lenaola, SCJJ)”.
4. This Ruling is accordingly amended, and this Order shall constitute part of the Ruling of the Court.
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF SEPTEMBER, 2020. ........................P. M. MWILUDEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURT.............................M. K. IBRAHIMJUSTICE OF THE SUPREME COURT............................S. C. WANJALAJUSTICE OF THE SUPREME COURT..............................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT.......................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA