Nkinda (Suing on behalf of the Estate of Kenneth Mutuma Nkinda) v Officer Commanding Meru Police Station & 2 others [2023] KEHC 26240 (KLR)

Nkinda (Suing on behalf of the Estate of Kenneth Mutuma Nkinda) v Officer Commanding Meru Police Station & 2 others (Petition 13 of 2018) [2023] KEHC 26240 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26240 (KLR)

Republic of Kenya

In the High Court at Meru

Petition 13 of 2018

TW Cherere, J

November 30, 2023

Between

Joyce Kambura Nkinda

Petitioner

Suing on behalf of the Estate of Kenneth Mutuma Nkinda

and

The Officer Commanding Meru Police Station

1st Respondent

The Principal Secretary, Ministry of Interior & Coordination of National Government

2nd Respondent

The Attorney General

3rd Respondent

Ruling

1. By judgment dated October 29, 2018, Majanja J entered judgment in favour of the petitioner and at paragraph 8 (c) of the final orders directed that costs of the Petition assessed at KES. 100,000/- be paid by the 4th petitioner.

2. Counsel for the parties are in agreement that the order directed at 4th Respondent was made inadvertently for the reason that there was no 4th respondent in the matter. They are also in agreement that the order ought to have been directed at the 3rd Respondent:

3. A review may be granted whenever the court considers that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be self-evident and should require no elaborate argument to be established (See National Bank of Kenya Limited v Ndungu Njau [1997] eKLR)

4. The error in the judgment dated October 29, 2018 is apparent and paragraph 8 (c) of the final orders is reviewed to the extent that the costs of the Petition assessed at KES. 100,000/- shall be paid not by the 4th respondent but by the 3rd respondent.

DATED AT MERU THIS 30 TH DAY OF NOVEMBER 2023T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioner - Ms. Ligala for T.0. K’Opere & Co. AdvocatesFor Respondents - Ms. Mutindi