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ELCPartially AllowedNot clearly stated on the face of the judgment; Bungoma ELC Suit (consolidated with Bungoma H.C No. 48 of 2007, Kenya National Trading Corporation vs. Municipal Council of Bungoma)· [2025] KEELC 3185 (KLR)

County Government of Bungoma v Kenya National Trading Corporation (Environment & Land Case 120 of 2011) [2025] KEELC 3185 (KLR)

Environment and Land Court
3 April 2025
ECE.C CHERONO
1,510 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Bungoma Land Court reshuffled a 2019 consolidation order, making the older 2007 land dispute the lead case and adding a new defendant.

What this practically means

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Executive summary

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Kenya National Trading Corporation, described as the defendant/applicant, moved the Environment and Land Court at Bungoma by Notice of Motion dated 27/09/2024 seeking review of orders of 13/05/2019 consolidating this suit with Bungoma H.C No. 48 of 2007 (Kenya National Trading Corporation vs. Municipal Council of Bungoma) concerning land parcel Bungoma/Township/567, and seeking joinder of Kakis Properties Limited as a defendant. The applicant explained that it had earlier sued the Municipal Council (now County Government of Bungoma), that the respondent's suit was designated lead file, and that subsequent consents adding Kakis Properties Limited had been set aside, culminating in the present application. The respondent opposed, arguing the application came five years late, that joinder would complicate and delay the trial, and that no cause of action against Kakis Properties Limited was demonstrated. The applicant relied on Sumbeiywo Primary School and Jasbir Singh Rai; the respondent filed no submissions. Framing two issues - whether the motion was merited and costs - the court restated the review jurisdiction under Section 80 of the Civil Procedure Act and Order 45, noted the correct date of the consolidation orders was 14/05/2019, and applied the Supreme Court's guidance in Law Society of Kenya vs. Centre for Human Rights & Democracy on the purpose of consolidation. Finding that either suit could serve as lead file and guided by the overriding objective, the court allowed the application: Bungoma H.C No. 48 of 2007 was designated the lead file with its plaint adopted as the plaint and the present plaint treated as defence and counterclaim; leave was granted to amend to enjoin Kakis Properties Limited as 2nd defendant; and costs were made costs in the cause.

Key legal issues

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Whether the court should review its consolidation orders and designate Bungoma H.C No. 48 of 2007 as the lead file

Holding

The application was allowed; the earlier suit, Bungoma H.C No. 48 of 2007, was designated the lead file and its plaint adopted as the plaint, with the plaint in this suit treated as the defence and counterclaim

Reasoning

The court held that allocation of the current suit as lead file conferred no advantage since either suit qualified as lead file. Guided by the overriding objective under sections 1A and 1B of the Civil Procedure Act, the Environment and Land Court Act, the Land Registration Act, the Land Act and Articles 159(1) and (2) of the Constitution, it found that making the earlier suit the lead file would save time and facilitate just, expeditious and proportionate resolution of the dispute, and that justice must be seen to be done.

p. 3
02

Whether Kakis Properties Limited should be enjoined as a defendant

Holding

Leave was granted to Kenya National Trading Corporation to amend pleadings enjoining Kakis Properties Limited as 2nd defendant within 7 days, with the added defendant having 15 days upon service to file defence and compliance documents

Reasoning

The applicant deposed that Kakis Properties Limited's lease was cancelled and re-allocated to them, making it necessary to enjoin the company as 2nd defendant to bring out the real issues in dispute. The respondent objected that no cause of action was demonstrated and that joinder would complicate and delay the trial. The court, in allowing the application, granted leave to amend to enjoin Kakis Properties Limited as 2nd defendant and gave it time to file its defence.

p. 3

Legal principles established

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  • The essence of consolidation is to facilitate efficient and expeditious disposal of disputes and a fair and impartial dispensation of justice, not to confer undue advantage or disadvantage on any party
  • Review of court decrees or orders is governed by Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules

Court orders

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  1. 1.Bungoma H.C No. 48 of 2007 Kenya National Trading Corporation vs. Municipal Council of Bungoma, having been consolidated with this suit, is allocated as the lead file
  2. 2.The plaint in Bungoma H.C No. 48 of 2007 shall be the plaint while the plaint in this suit shall be treated as the 1st defendant's defence and counterclaim
  3. 3.Bungoma H.C No. 48 of 2007 shall be named the lead file and allocated a case number at the ELC Registry
  4. 4.Kenya National Trading Corporation as the plaintiff is granted leave to amend their pleadings within 7 days, enjoining Kakis Properties Limited as the 2nd defendant
  5. 5.The added defendant is granted 15 days upon service to file their defence and compliance documents in accordance with the law
  6. 6.The matter is set down for mention for compliance on 19/05/2025
  7. 7.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure Act, Cap 21Sections 1A, 1B, 3, 3A and 80
  • Civil Procedure Rules 2010Order 1 Rule 5 and 6, Order 8 Rule 3, Order 11 Rule 3(1)(h), Order 45 rule 1, Order 51
  • Environment & Land Act, No 19 of 2011Sections 3 and 13
  • Land Registration Act, No 3 of 2012Section 101
  • Land Act, No 6 of 2012Section 150
  • Constitution of KenyaArticles 159(1) & (2)

Cases cited (3)

  • Sumbeiywo Primary School & 3 Others vs. Kipsat Aiyabei & Another
    (2017) eKLR
  • Jasbir Singh Rai & 3 Others vs. Tarlochan Singh Rai & 4 Others
    (2014) eKLR
  • Law Society of Kenya vs. The Centre for Human Rights & Democracy
    Supreme Court of Kenya Petition No 14 of 2013
Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules (review jurisdiction), sections 1A, 1B, 3 and 3A of the Civil Procedure Act, sections 3 and 13 of the Environment & Land Act, No 19 of 2011, section 101 of the Land Registration Act, No 3 of 2012, section 150 of the Land Act, No 6 of 2012 and Articles 159(1) & (2) of the Constitution of Kenya

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, "County Government of Bungoma v Kenya National Trading Corporation (Environment & Land Case 120 of 2011) [2025] KEELC 3185 (KLR)", Case Analysis (2025). Not clearly stated on the face of the judgment; Bungoma ELC Suit (consolidated with Bungoma H.C No. 48 of 2007, Kenya National Trading Corporation vs. Municipal Council of Bungoma). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3185/eng@2025-04-03

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