Lagat & 4 others v Kandie & 2 others (Environment and Land Miscellaneous Application 8 of 2023) [2025] KEELC 3058 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled it cannot enforce a High Court succession decree, striking out both parties' applications and leaving each to bear their own costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction to entertain an application to enforce a High Court succession decree
It does not; the court can only enforce orders arising from its own decisions, and the proceedings were sub judice before the High Court.
The court traced its jurisdiction to Section 13 of the Environment and Land Court Act and Article 162(2)(b) of the Constitution, read with Section 14 on enforcement. Because the underlying judgment was delivered by the High Court in a succession cause, not by the ELC, the enforcement application fell outside its jurisdiction. It also found the miscellaneous application was made in a vacuum and was sub judice before the High Court between the same parties over the same subject matter, so it declined jurisdiction.
Whether the application was res judicata / sub judice
The court found the miscellaneous application sub judice given a pending High Court matter between the same parties over the same subject matter; the res judicata argument was not conclusively determined because the matter failed on jurisdiction.
Relying on Section 6 of the Civil Procedure Act and the definition of 'suit', the court noted a previously instituted proceeding between the same parties over the same subject matter was pending in the High Court. It held the miscellaneous application was not a suit properly so called, was made in a vacuum, and was sub judice. Having found want of jurisdiction, the court did not need to make a final res judicata finding on the competing Court of Appeal applications.
Legal principles established
#- The Environment and Land Court can only enforce its own judgments, awards, orders or decrees, not those of other courts.
- Jurisdiction is donated by the constitution or statute and cannot be assumed by judicial discretion.
Court orders
#- 1.The Notice of Motion dated 26th August 2024 filed by the Respondents is struck out.
- 2.The Notice of Motion dated 14th August 2023 filed by the Applicants is struck out.
- 3.Parties to bear their own costs.
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act read with Article 162(2)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lagat & 4 others v Kandie & 2 others (Environment and Land Miscellaneous Application 8 of 2023) [2025] KEELC 3058 (KLR)", Case Analysis (2025). Miscellaneous Application arising from Eldoret High Court Succession Cause No. 145 of 2000 (Notice of Motion dated 26th August 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3058/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.