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ELCAllowedKapsabet ELCC No. E011 of 2024· [2025] KEELC 764 (KLR)

Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others (Environment & Land Case E011 of 2024) [2025] KEELC 764 (KLR)

Environment and Land Court
20 February 2025
GOG M A Ongondo
474 words in judgment
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The bottom line

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The Environment and Land Court in Kapsabet merged two lawsuits about the same land and ordered the combined case to start hearings afresh.

What this practically means

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Executive summary

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By a Notice of Motion dated 17th January 2025, the plaintiff/applicant in Kapsabet ELCC No. E011 of 2024, through Rotich, Langat and Partners Advocates, sought an order consolidating that suit with Kapsabet ELCC No. 88 of 2021 (formerly Eldoret ELCC No. E021 of 2021), together with costs of the application. The applicant contended that the subject matter and the parties in the two suits are the same and that consolidation would serve the interest of justice. The underlying dispute concerns land parcel NANDI/KIPKAREN/SALIENT/920, measuring approximately 9.02 Ha (22.55 acres), registered in the name of the 1st defendant, whose registration the plaintiff seeks to have declared irregular, unlawful, fraudulent and void ab initio. Ms Tum, counsel for the 1st respondent/defendant, did not oppose the application and confirmed that the issues in both suits are the same. Mr Nabasenge, counsel in the other suit, proposed that the matter be heard de novo. The court framed a single issue: whether the application was meritorious. Finding that both suits involve the same subject matter and the same parties, Ongondo J allowed the consolidation with costs in the cause, designated Kapsabet ELCC No. 88 of 2021 as the lead file, and directed that the consolidated matter be heard de novo to meet the ends of justice under sections 1A, 1B, 3 and 3A of the Civil Procedure Act as read with sections 3 and 19 of the Environment and Land Court Act. The consolidated matter was set for mention on 23rd March 2025.

Key legal issues

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Whether two suits with the same subject matter and parties should be consolidated

Holding

The court allowed the consolidation, designating Kapsabet ELCC No. 88 of 2021 as the lead file and directing that it be heard de novo.

Reasoning

The applicant asserted that the subject matter and parties in the two suits are identical, seeking consolidation in the interest of justice. Counsel for the 1st respondent did not oppose the application and confirmed the issues were the same; counsel in the other suit proposed a de novo hearing. Finding the same subject matter and parties in both suits, the court held the application meritorious and allowed consolidation, anchoring its jurisdiction in the Civil Procedure Act and the Environment and Land Court Act.

p. 2

Legal principles established

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  • Suits involving the same subject matter and the same parties may be consolidated in the interest of justice, and the lead file may be directed to be heard de novo to meet the ends of justice.

Court orders

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  1. 1.The application by Notice of Motion dated 17th January 2025 is allowed in terms of consolidation of Kapsabet ELCC No. E011 of 2024 with Kapsabet ELCC No. 88 of 2021
  2. 2.Kapsabet ELCC No. 88 of 2021 shall be the lead file and the consolidated suit to be heard de novo
  3. 3.Costs of the application in the cause
  4. 4.The consolidated matter set for mention on 23rd March 2025
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Chapter 21, Laws of Kenya) as read with sections 3 and 19 of the Environment and Land Court Act, 2015 (2011)

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, "Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others (Environment & Land Case E011 of 2024) [2025] KEELC 764 (KLR)", Case Analysis (2025). Kapsabet ELCC No. E011 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/764/eng@2025-02-20

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