Stephen Kibowen v Raymond Ruto & 5 others [2020] KEELC 1822 (KLR)
The bottom line
#A Kenyan court struck out a repeat stay application because parties must raise all their arguments at once—not in drips to delay a case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Notice of Motion dated 5th May 2020 seeking stay of proceedings is res judicata
The application is res judicata; the issues had been raised and determined in the rulings dated 15th February 2018 and 29th July 2019, and res judicata extends to points that ought to have been raised earlier.
Section 7 of the Civil Procedure Act bars re-litigation of matters directly and substantially in issue in a former suit between the same parties, heard and finally decided. The applicants had previously sought consolidation/transfer (dismissed 15th February 2018) and stay of proceedings pending appeal (dismissed 29th July 2019). A stay pending appeal where no judgment had been delivered amounts to the same thing as the stay now sought. Fragmenting issues is frowned upon under explanation 4 to Section 7.
Whether stay of proceedings should issue pending determination of Eldoret HCCC No. 77 of 2018
Not considered, as the res judicata finding disposed of the application; the court also noted the application was timed to derail a scheduled hearing.
The court held there was no need to consider the second issue once the application was found res judicata. It further observed the application was filed because the suit was scheduled for hearing on 27th May 2020, evidencing a multiplicity of applications aimed at delay, and directed that the suit be fixed for early hearing.
Legal principles established
#- Res judicata applies not only to points actually raised but to all points a diligent party ought to have raised; parties must raise their whole case at one go.
- Res judicata operates as a complete estoppel against any suit that runs afoul of it.
Court orders
#- 1.Notice of Motion dated 5th May 2020 struck out with costs to the plaintiff
- Jurisdiction invoked
- Inherent jurisdiction of the court under the Civil Procedure Act; application brought by Notice of Motion (no specific constitutional provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Kibowen v Raymond Ruto & 5 others [2020] KEELC 1822 (KLR)", Case Analysis (2020). Notice of Motion dated 5th May 2020 (in the Nakuru Environment and Land Court suit, formerly Eldoret ELC No. 119 of 2017 proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1822/eng@2020-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.