Peter B. M. Chiera v County Government of Nakuru & 2 others [2018] KEELC 2761 (KLR)
The bottom line
#A Nakuru land judge refused to hear a second lawsuit over the same property already before the magistrate's court, transferring the entire case there.
What this practically means
#Executive summary
#Key legal issues
#Sub judice under Section 6 of the Civil Procedure Act
This suit, filed after Nakuru CMCC No. 869 of 2014 between the same parties over the same subject matter, cannot proceed; it must be transferred for possible consolidation
The applicant conceded that the parties and subject matter in the subordinate court suit are identical to those in this suit. The subordinate court matter was filed in 2014, before this suit, and is pending. Section 6 of the Civil Procedure Act therefore bars this court from proceeding with the trial of this suit, including the pending Notice of Motion dated 24th July 2017, which must be determined by the court seized of the earlier matter.
Jurisdiction of the subordinate court over land disputes
The subordinate court had and continues to have jurisdiction to hear and determine Nakuru CMCC No. 869 of 2014, per the Court of Appeal in Law Society of Kenya Nairobi Branch v Malindi Law Society & 6 others
The applicant argued that questions of jurisdiction had stalled the subordinate court matter. The court relied on the Court of Appeal's decision confirming that although the ELC has jurisdiction over land disputes, Parliament may confer jurisdiction on magistrates' courts over such disputes, and the High Court is barred from matters within the jurisdiction of specialized courts. The transfer to the Chief Magistrate's Court is consistent with that jurisdictional position.
Legal principles established
#- Where a previously instituted suit between the same parties over the same subject matter is pending, no court shall proceed with the trial of the later suit (sub judice rule, Section 6, Civil Procedure Act)
- Magistrates' courts have jurisdiction over environment and land disputes under enabling legislation; the High Court (and by extension the ELC) is barred from matters within the jurisdiction of the specialized courts where Parliament has conferred jurisdiction on magistrates' courts
Court orders
#- 1.This suit inclusive of the pending Notice of Motion dated 24th July 2017 is transferred to the Chief Magistrate's Court Nakuru for hearing and determination
- 2.Chief Magistrate's Court Nakuru to consider consolidation of this matter with Nakuru CMCC No. 869 of 2014
- 3.Costs in the cause
- Jurisdiction invoked
- Article 162(2) of the Constitution (Environment and Land Court jurisdiction); Section 6 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter B. M. Chiera v County Government of Nakuru & 2 others [2018] KEELC 2761 (KLR)", Case Analysis (2018). Not stated in the judgment (Nakuru ELC suit; related matter Nakuru CMCC No. 869 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2761/eng@2018-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.