Kamkei Lenjirr v Kipila Nakola [2021] KEELC 2251 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether section 6 of the Civil Procedure Act (sub-judice/stay of parallel suits) justified staying Narok CMCC ELC No. 192 of 2018
No. The Applicant failed to demonstrate correlation between the two matters in subject matter, prayers and relief, and did not avail the pleadings in the subordinate court suit; the parties and parcels differ between the two cases.
The court held that section 6 bars parallel proceedings only where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties claiming under the same title. The applicant did not avail the pleadings of the main suit to enable comparison, and the record showed that the parties in the magistrates' suit were not parties to the Petition and their parcels were not mentioned in it.
Whether the magistrates' court suit should be transferred to the ELC under section 18 of the Civil Procedure Act
No. Transfer could not be justified absent satisfaction of section 6, and the magistrates' court is clothed with jurisdiction to hear land and boundary claims under section 9(a)(i) of the Magistrates Act.
The court accepted that section 18 permits the High Court to withdraw and try or transfer proceedings pending before subordinate courts, but held that a party seeking transfer must satisfy section 6. Having failed to do so, and given that the magistrates' court has jurisdiction over boundary and land claims, there was no sufficient reason to transfer the suit.
Whether stay of proceedings pending the Constitutional Petition No. 4 of 2018 was warranted
No. Stay of proceedings is a grave judicial action with a high and stringent test, and the Applicant did not demonstrate any loss or damage if the suit proceeds.
Relying on Kenya Wildlife Service v James Mutembei [2019] eKLR, the court reiterated that stay of proceedings interferes with the right of access to justice, the right to be heard without delay and the right to fair trial, so the test is high and stringent. The Applicant demonstrated no loss or damage that would be occasioned if the magistrates' suit proceeded.
Legal principles established
#- Section 6 of the Civil Procedure Act bars parallel proceedings only where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties litigating under the same title
- Stay of proceedings is a grave judicial action impinging on the right of access to justice and fair trial, and the test for it is high and stringent
Court orders
#- 1.The Applicant's Notice of Motion dated 3rd July 2020 is dismissed with costs
- Jurisdiction invoked
- Sections 6 and 18 of the Civil Procedure Act (Cap 21); Section 9(a)(i) of the Magistrates Act; Section 26 of the Environment and Land Court Act (Cap 12A)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamkei Lenjirr v Kipila Nakola [2021] KEELC 2251 (KLR)", Case Analysis (2021). Narok CMCC ELC Number 192 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2251/eng@2021-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.