Civil Application 34 of 2019

Case Number Civil Application 34 of 2019

Parties Rose Jebor Kipngok v Kiplagat Kotut

Case Class Civil

Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Judges C Wanjala, Susanna Njoki Ndungu

Advocates Mr. Eric Mose for the Plaintiff Mr. Kisinga for the 1st Defendant

Case Action Order

Case Outcome Application ordered

Date Delivered 18 Sep 2020

Court County

Case Court Supreme Court of

Court Division Civil REPUBLIC OF KENYA

IN THE

(Coram: Mwilu DCJ &V-P; Ibrahim, Wanjala, Njoki & Lenaola, SCJJ)

CIVIL APPLICATION NO. 34 OF 2019

BETWEEN

ROSE JEBOR KIPNGOK...... APPLICANT

AND

KIPLAGAT KOTUT...... RESPONDENT

(Being an application for review of the Ruling of the Court of Appeal at Eldoret

(Nambuye, Makhandia & Otieno, JJ. A) in Civil Application No. 27 of 2019,

delivered on 17th October, 2019.

ORDER OF THE COURT

[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. MWILU DEPUTY CHIEF JUSTICE & VICE-

PRESIDENT OF THE SUPREME COURT

......

M. K. IBRAHIM

JUSTICE OF THE SUPREME COURT

......

S. C. WANJALA

JUSTICE OF THE SUPREME COURT

......

NJOKI NDUNGU

JUSTICE OF THE SUPREME COURT

......

I. LENAOLA

JUSTICE OF THE SUPREME COURT

I certify that this is a true copy of the original

REGISTRAR

SUPREME COURT OF KENYA