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ELCStruck OutPetition dated 4th October 2024· [2025] KEELC 3905 (KLR)

Sheria Na Watu v Wambugu & 3 others (Environment & Land Petition E081 of 2024) [2025] KEELC 3905 (KLR)

Environment and Land Court
22 May 2025
CMC. G. Mbogo
2,307 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court struck out a residents' petition over Kasarani land because the same ownership dispute had already been decided.

What this practically means

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Executive summary

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The petitioner, a residents' association acting through its chairperson Augustine Omondi, moved the court by notice of motion dated 4 October 2024 under Articles 22 and 23(3)(b) of the Constitution seeking an interim injunction restraining the 1st respondent from constructing on, leasing, selling, charging or otherwise interfering with LR No. 57/1343, Kasarani. The underlying petition sought a declaration that the property is public land reserved for a public primary school, cancellation of the 1st respondent's certificate of lease, reinstatement of the property to Nairobi City County, and a permanent injunction. The 1st respondent opposed, asserting he was the registered owner and an innocent purchaser, and that the same issues had been determined in ELC Case No. E095 of 2021, judgment delivered on 8 February 2024, in which the petitioner-title holder's title was revoked and he was declared the lawful proprietor, with an appeal pending before the Court of Appeal (Civil Appeal No. COACA E479 of 2024). The petitioner contended the petition was brought in public interest, that it was not party to the former suit, and that the public-land question was not determined therein. The court framed two issues: res judicata and entitlement to an interim injunction. Applying Section 7 of the Civil Procedure Act and the Uhuru Highway Development Ltd v Central Bank test, and citing the subsisting orders in ELC E095 of 2021, the court found the petition res judicata and an abuse of process, holding that litigation must come to an end and introducing different parties to relitigate determined issues must be discouraged. The second issue was left undetermined. The notice of motion and the petition were struck out with costs to the 1st respondent.

Key legal issues

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01

Whether the petition is res judicata

Holding

Yes - the petition invites the court to relitigate the validity and ownership of the suit property already determined in ELC Case No. E095 of 2021, and is an abuse of process

Reasoning

The court compared the prayers in the petition with the orders issued in ELC Case No. E095 of 2021, where judgment of 8 February 2024 revoked the petitioner's-title holder's interest and declared the 1st respondent the lawful proprietor. Applying Section 7 of the Civil Procedure Act and the Uhuru Highway Development test, the court held that although the petitioner was not a party, the attempt to relitigate the same issue through different parties must be discouraged. Valid orders remain in force pending appeal.

p. 5
02

Whether the petitioner is entitled to an interim injunction

Holding

Not determined - the court found it unnecessary to address this issue after the finding on res judicata

Reasoning

Having found the petition res judicata and struck it out, the court held there was no need to consider the second issue on entitlement to injunctive relief pending hearing of the petition.

p. 5

Legal principles established

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  • Res judicata applies where the issue in the latter suit was directly and substantially in issue in a former suit between the same parties or parties litigating under the same title, heard and decided by a competent court
  • Litigation must come to an end and introducing different parties to relitigate determined issues amounts to an abuse of court process

Court orders

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  1. 1.The notice of motion dated 4th October 2024 and the petition dated 4th October 2024 struck out
  2. 2.Costs of the application and petition awarded to the 1st respondent
On appeal from
Court of Appeal
Civil Appeal No. COACA E479 of 2024
Jurisdiction invoked
Articles 22 and 23(3)(b) of the Constitution of Kenya; Rule 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

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, "Sheria Na Watu v Wambugu & 3 others (Environment & Land Petition E081 of 2024) [2025] KEELC 3905 (KLR)", Case Analysis (2025). Petition dated 4th October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3905/eng@2025-05-22

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