Kariuki v Registrar of Titles, Nairobi & 5 others; Parkion & 6 others (Interested Parties) (Environment and Land Judicial Review Case E003 of 2022) [2024] KEELC 4020 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a judicial review application over land deed plans because the same dispute was already pending in earlier, separate court cases.
What this practically means
#Executive summary
#Key legal issues
#Sub judice
The application is sub judice and was struck out
The Court perused the pleadings in Kajiado ELC No. 776 of 2017 and Machakos ELC Petition No. E005 of 2022, both filed earlier, and found they relate to the same suit parcels and seek similar orders. The Applicant did not respond to the sub judice objection and did not disclose the earlier suits in his pleadings. Proceeding would risk coordinate courts granting conflicting orders over the same property.
Non-disclosure and abuse of process
The Applicant's non-disclosure of the earlier suits weighed against him
The Court noted the Applicant did not disclose the existence of the earlier pending suits in his pleadings, a fact raised by the 5th and 6th Interested Parties and left unrebutted, reinforcing the decision to strike out the application rather than determine the fairness of the cancellation.
Legal principles established
#- A later suit between the same parties on the same subject matter pending before courts of competent jurisdiction ought to be stayed or struck out under the sub judice rule
- The purpose of the sub judice rule is to avoid multiplicity of suits and conflicting decisions by courts of concurrent jurisdiction
Court orders
#- 1.The entire Notice of Motion dated 9th March 2022 is struck out.
- 2.Each party shall bear their own costs of the proceedings.
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court; fair administrative action under Article 47 of the Constitution and the Fair Administrative Action Act; Section 6 of the Civil Procedure Act (sub judice)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Registrar of Titles, Nairobi & 5 others; Parkion & 6 others (Interested Parties) (Environment and Land Judicial Review Case E003 of 2022) [2024] KEELC 4020 (KLR)", Case Analysis (2024). Judicial Review application (Notice of Motion dated 9th March 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4020/eng@2024-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.