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ELCDismissedNot stated in judgment· [2025] KEELC 3870 (KLR)

Melly v Chesiyna & 2 others (Environment & Land Case E041 of 2023) [2025] KEELC 3870 (KLR)

Environment and Land Court
19 May 2025
1,621 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused to pause cost-taxation proceedings, warning that stays are rare remedies and unexplained delays look like tactics.

What this practically means

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Executive summary

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The plaintiff/applicant moved the court by notice of motion dated 24th January 2025, under Sections 1A, 1B and 3A of the Civil Procedure Act, Order 51(1) of the Civil Procedure Rules and Article 159 of the Constitution, seeking a stay of proceedings in this suit and a stay of taxation of costs scheduled before the taxing officer, pending the hearing and determination of Milimani HCCOMM/E381/2024, with costs to abide the outcome of that suit. The application followed the withdrawal of this suit on 11th December 2023, at the plaintiff's instance, when costs were awarded to the defendants and, in default, were to be taxed. The defendants opposed, asserting that the costs order in this suit was separate from the High Court matter, that the plaintiff had conceded to jurisdiction before Justice Oguttu Mboya, and that the application was filed late and disclosed no nexus between the two matters. The court framed one issue: whether taxation proceedings should be stayed pending determination of HCCOMM/E381/2024. Applying the principles in Global Tours & Travels Limited and Halsbury's Laws of England, the court held that a stay of proceedings is a radical remedy granted only in exceptional circumstances. The plaintiff failed to demonstrate any nexus between the two matters, and the timing of the application suggested a delay tactic. The notice of motion was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether taxation proceedings should be stayed pending determination of a related suit in a different court

Holding

The application for stay was dismissed because the applicant failed to demonstrate any nexus between the two suits and the application was not brought expeditiously.

Reasoning

The court noted the suit had been withdrawn at the plaintiff's instance with costs awarded to the defendants, and taxation properly flowed from that order. Applying the Global Tours & Travels principles and Halsbury's guidance, the court held that a stay of proceedings is a serious, discretionary measure to be exercised sparingly. The plaintiff did not explain how the High Court suit was connected to the taxation, and the timing of the application suggested a delay tactic. The authority cited by the plaintiff was held irrelevant.

p. 3

Legal principles established

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  • A stay of proceedings is a radical remedy granted only in very exceptional circumstances, weighing the interest of justice, expeditious disposal, arguability, judicial time and expeditiousness of the application

Court orders

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  1. 1.The notice of motion dated 24th January 2025 is dismissed
  2. 2.Each party to bear its own costs

Authorities

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Legislation

  • Civil Procedure ActSection 1A
  • Civil Procedure ActSection 1B
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 51(1)
  • Constitution of KenyaArticle 159

Cases cited (4)

  • St Elizabeth Academy Karen v Kenya Commercial Bank & Another
    [2025] KEHC 2688 (KLR)
  • Jasbir Singh Rai & 3 Others v Tarlochan Singh Rai & 4 Others
    [2014] eKLR
  • Kenya Willdife Service v James Mutembei
    [2019] KEHC 10478 (KLR)
  • Global Tours & Travels Limited
    Nairobi HC Winding Up Cause No. 43 of 2000
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act, Order 51(1) of the Civil Procedure Rules and Article 159 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, "Melly v Chesiyna & 2 others (Environment & Land Case E041 of 2023) [2025] KEELC 3870 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3870/eng@2025-05-19

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