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ELCDismissedEnvironment & Land Case 140 of 2020· [2022] KEELC 2331 (KLR)

Karanja v Olum (Environment & Land Case 140 of 2020) [2022] KEELC 2331 (KLR)

Environment and Land Court
16 June 2022
LKL. Komingoi
1,260 words in judgment
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The bottom line

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The Environment and Land Court refused to pause a land case because an earlier, related lawsuit involved different parties and issues.

What this practically means

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Executive summary

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The Defendant, William Francis Olum, moved the court by Notice of Motion dated 14th January 2022 under Articles 159 and 164(3) of the Constitution, Section 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules, seeking a stay of proceedings in the suit pending the hearing and determination of Nairobi ELC No. 368 of 2015 (Githunguri Njiru Farm (1966) Limited v Nairobi City Council & 174 others). The Defendant contended that the suit property, Plot No. 73B Embakasi/Mihango/Karagita, was hived from the 100 acres in issue in the earlier suit and that its determination would bear on this suit. The Plaintiff opposed, asserting he was not a party to the earlier suit, that the causes of action differ (land grabbing and illegal construction versus the earlier dispute over a portion of LR 27052 claimed by Nairobi City County), and that a stay would prejudice him while the Defendant remained in possession. The court considered the single issue of whether the suit should be stayed. Applying Section 6 of the Civil Procedure Act and the Supreme Court's enunciation of the sub-judice doctrine in the Kenya National Commission on Human Rights case, the court held the requirements of Section 6 were not met, since the plaintiff is not a party to the earlier suit and the suits are not between the same parties over the same subject matter. The application was dismissed with costs to the Plaintiff/Respondent on 16th June 2022.

Key legal issues

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01

Whether the suit should be stayed under Section 6 of the Civil Procedure Act pending Nairobi ELC No. 368 of 2015

Holding

The application for stay of proceedings was dismissed because the requirements of Section 6 were not satisfied - the plaintiff is not a party to the earlier suit and the subject matters and causes of action differ

Reasoning

The court applied the Supreme Court's formulation of the sub-judice doctrine in the Kenya National Commission on Human Rights case. Although the defendant claimed the suit property was carved from the 100 acres in ELC 368 of 2015, the plaintiff was not a party to that suit and the causes of action differ. Both parties claim title from Githunguri Njiru Farm (1966) Limited, but that did not bring the matter within Section 6.

p. 3

Legal principles established

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  • The res sub-judice rule under Section 6 of the Civil Procedure Act requires that the suits be between the same parties or their representatives, litigating under the same title, over the same subject matter

Court orders

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  1. 1.The Notice of Motion dated 14th January 2022 seeking stay of proceedings is dismissed
  2. 2.Costs of the application awarded to the Plaintiff/Respondent

Authorities

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Legislation

  • Constitution of KenyaArticle 159
  • Constitution of KenyaArticle 164(3)
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 6
  • Civil Procedure ActSections 1A, 1B
  • Civil Procedure Rules (2010)Order 42 Rule 6

Cases cited (4)

  • Thiba Mini Hydro Co v Josephat Ndwiga
    [2013] eKLR
  • Mukunya Mugo 'A' & another v Elizabeth Mugure Mukunya
    [2019] eKLR
  • Kenya National Commission on Human Rights v Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested Parties)
    [2020] eKLR
  • Githunguri Njiru Farm (1966) Ltd v Nairobi City County Assembly & 2 others
    [2019] eKLR
Jurisdiction invoked
Articles 159, 164(3) of the Constitution of Kenya; Section 3A of the Civil Procedure Act; Order 42 Rule 6 of the Civil Procedure Rules (2010)

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, "Karanja v Olum (Environment & Land Case 140 of 2020) [2022] KEELC 2331 (KLR)", Case Analysis (2022). Environment & Land Case 140 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2331/eng@2022-06-16

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