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ELCDismissednot stated in judgment (arising from Petition No. 18 of 2016)· [2022] KEELC 1860 (KLR)

Serve In Love Africa (Sila) Trust v Abraham Kiptarus Kiptoo & 3 others [2022] KEELC 1860 (KLR)

Environment and Land Court
27 January 2022
EOE. OBAGA
774 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to review its orders because appeal proceedings were still pending, warning parties against premature applications.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Eldoret (E. Obaga, J) on a Notice of Motion dated 26/4/2021 in which the Defendants/Applicants sought review of the court's orders of 22/09/2020, by which the court had declined to strike out the Plaintiffs' suit because Civil Application No. 47 of 2020, pending before the Court of Appeal, had a bearing on the matter. The Applicants argued that the dismissal of that application on 25/9/2020 by a single judge of the Court of Appeal (an application for extension of time to appeal against the judgment in Petition No. 18 of 2016) constituted discovery of new and important matter, justifying review and the striking out of the suit with costs against the named third parties. The Respondent opposed through a replying affidavit, contending that a full bench of the Court of Appeal had been sought under Rule 55 of the Court of Appeal Rules and was yet to be constituted, so the appellate proceedings remained unfinished; the dismissal was not new evidence, and the application was an abuse of process. The court framed a single issue: whether the Applicants had met the threshold for review. It held that the Applicants knew of the pending Court of Appeal application and only its outcome was unknown, and that since the full bench might overturn the single judge's ruling, pressing for review was premature. The application was found to lack merit and was dismissed with costs to the Respondent on 27 January 2022.

Key legal issues

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Whether the Applicants met the threshold for review of the court's orders of 22/09/2020

Holding

The Applicants failed to meet the threshold for review; the application was dismissed.

Reasoning

The Applicants argued that the dismissal of Civil Application No. 47 of 2020 by a single judge of the Court of Appeal constituted discovery of new and important evidence justifying review. The court held the Applicants were aware of the pending Court of Appeal proceedings and only the outcome was unknown. The Respondent had applied for constitution of a full bench under Rule 55 of the Court of Appeal Rules, which may or may not overturn the single judge's ruling, making review premature.

p. 2

Legal principles established

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  • A ruling by a single judge of the Court of Appeal on a pending application does not constitute discovery of new and important matter or evidence where the party was aware of the pending proceedings and only the outcome was unknown.
  • Where proceedings before a superior court that bear on a matter are still pending, an application for review of interlocutory orders based on their interim outcome is premature.

Court orders

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  1. 1.The Applicants' Notice of Motion dated 26/4/2021 is dismissed
  2. 2.Costs of the application awarded to the Respondent

Authorities

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Legislation

  • Court of Appeal RulesRule 55
Jurisdiction invoked
Review jurisdiction over the court's own orders (ruling of 22/9/2020); no specific constitutional or statutory provision quoted in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Serve In Love Africa (Sila) Trust v Abraham Kiptarus Kiptoo & 3 others [2022] KEELC 1860 (KLR)", Case Analysis (2022). not stated in judgment (arising from Petition No. 18 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1860/eng@2022-01-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.