Sikalie (Suing as the Chairperson of KLDA) v De La Salle Brothers & 5 others (Environment & Land Petition E071 of 2024) [2025] KEELC 425 (KLR)
The bottom line
#The Environment and Land Court dismissed a Karen land dispute petition because the same issues had already been decided, and ordered the petitioner to pay costs.
What this practically means
#Executive summary
#Key legal issues
#Res judicata under sections 6 and 7 of the Civil Procedure Act
The Petition is res judicata Nairobi ELC Petition E027 of 2022 and the Liaison Committee Complaint E017 of 2024; the issues were litigated and determined between the same parties
The court applied section 7 of the Civil Procedure Act, holding that the matters in the present Petition were directly and substantially in issue in the former suit, between the same parties litigating under the same title, in courts of competent jurisdiction, and were finally decided. Any matter which might and ought to have been raised was deemed raised; reliefs not expressly granted are deemed refused.
Whether a res judicata objection raised by application (not preliminary objection) is competent
Yes; because the 1st Respondent moved by notice of motion, evidence could be annexed, distinguishing the Mukisa Biscuit principle
The Petitioner argued, citing Mukisa Biscuit, that a point of law should not require adduction of evidence. The court held that since the 1st Respondent had moved by way of application, they could annex evidence, including the judgments in the previous suits, to establish res judicata.
Costs in constitutional petitions
Half costs awarded to the 1st Respondent despite the usual reluctance to award costs against petitioners, because the Petition unnecessarily incurred legal costs
Under section 27 of the Civil Procedure Act costs are discretionary. Although courts are hesitant to award costs against petitioners in constitutional petitions, the Petitioner here unnecessarily caused the 1st Respondent to incur legal costs by filing this petition instead of pursuing other avenues.
Legal principles established
#- A court of concurrent jurisdiction cannot review an earlier decision through a fresh suit; a petition raising the same issues between the same parties is barred by res judicata
Court orders
#- 1.ELC Petition E071 of 2024 is dismissed for being res judicata
- 2.Half costs of the application and the Petition to the 1st Respondent
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution / Environment and Land Court Act (ELC original jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sikalie (Suing as the Chairperson of KLDA) v De La Salle Brothers & 5 others (Environment & Land Petition E071 of 2024) [2025] KEELC 425 (KLR)", Case Analysis (2025). ELC Petition E071 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/425/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.