Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited (Environment and Land Miscellaneous Application E015 of 2024) [2025] KEELC 374 (KLR)
The bottom line
#Kenya's Environment and Land Court can convert a National Land Commission historical land injustice award into an enforceable court order, and raising res judicata without evidence fails.
What this practically means
#Executive summary
#Key legal issues
#Whether the originating summons was res judicata and an abuse of process
The preliminary objection failed; the respondent did not prove that adoption of the NLC award was litigated and finally determined in the former suits
The court applied the IEBC -vs- Maina Kiai tests for res judicata and found the respondent had merely alleged res judicata without swearing an affidavit or attaching pleadings, rulings and decrees showing the issue of adoption of the award was heard on merits and finally determined. Following Oraro -vs- Mbaja, the objection required evidence and could not succeed as a pure point of law.
Whether the court can adopt the NLC Historical Land Injustice Committee award as an order of the court
Yes; the court has power under Section 20 of the ELC Act and Order 46 Rule 20 of the Civil Procedure Rules, and Articles 50(1) and 59(2) of the Constitution mandate promotion of ADR whose outcomes may be adopted as decrees
The court noted the NLC award of 7/2/2019 still stands, the respondent's attempts to quash it (JR Case No. 4 of 2019, struck out 1/12/2020, and Court of Appeal application dismissed 9/7/2021) failed, and the award has never been set aside. Adoption for execution purposes falls within the court's statutory powers and the constitutional mandate to promote alternative dispute resolution.
Whether the originating summons offended Order 37 of the Civil Procedure Rules
No; the submission that it was defective in want of form lacks merit and the applicant is properly before the court
The court held Section 89 of the Civil Procedure Act allows commencement of cases by miscellaneous application, and Order 46 Rule 20 permits the court to adopt ADR outcomes. The invocation of Order 37 as a bar to the originating summons was therefore rejected.
Legal principles established
#- The ELC has power under Section 20 of the ELC Act and Order 46 Rule 20 of the Civil Procedure Rules to adopt an ADR outcome, including a National Land Commission award, as an order or decree of the court
- A preliminary objection based on res judicata requires evidence and cannot succeed as a pure point of law
- An unopposed application stands, where the facts deponed on oath are not refuted
Court orders
#- 1.The preliminary objection dated 13/11/2024 is dismissed
- 2.The originating summons dated 7/11/2024 seeking adoption of the National Land Commission award as an order of the court is allowed
- 3.The applicant is awarded costs of the application
- Jurisdiction invoked
- Article 159(2)(c) and (e) of the Constitution as read with Section 20 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited (Environment and Land Miscellaneous Application E015 of 2024) [2025] KEELC 374 (KLR)", Case Analysis (2025). Originating Summons dated 7/11/2024 (arising from JR Misc. Appl. No. 4 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/374/eng@2025-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.