Tuwei & 2 others v Tanui & 2 others (Environment and Land Miscellaneous Application E024 of 2025) [2025] KEELC 5518 (KLR) (23 July 2025) (Ruling)

Summary at a glance

Facts

The applicants sought correction of errors in the orders of the court dated 22nd July 2025, including the names 'Tabarnoi' and 'Songor' to be corrected to 'Tabarno' and 'Songhor' respectively, and the numbering of orders 3 and 4.

Issues

• Correction of clerical or arithmetical mistakes in the orders
• Service of the orders

Reasoning

The court found merit in the application for correction of orders due to clerical errors and the need to ensure the orders accurately reflect the court's true intention.

Outcome

The orders are corrected as requested by the applicants.

Orders

• Order number 2 in the orders given on 22nd July 2025 shall read as follows: 'THAT pending the hearing and determination of the application dated 21st July 2025, a temporary injunction do issue restraining the respondents, their agents, family members or anyone acting on their behalf from carrying out meetings and or harambees, attempting to bury, interring or burying the remains of Tabarno Jepkemei-Deceased on land parcels Nos. Songhor/Songhor Block 9 / (Soy Sitet) 157, 160 and 162.'
• The first number 3, the second number 3 and number 4 orders of 22nd July 2025 to be orders 3, 4 and 5 respectively.

Authorities cited