Ciamwonge (Suing as the Legal Representative of the Estate of Mugendi Runguma – Deceased) v Laini & 7 others (Environment and Land Case E008 of 2024) [2025] KEELC 3944 (KLR)
The bottom line
#The Environment and Land Court in Chuka struck out a preliminary objection because res judicata must be raised through a formal application with supporting evidence, not a bare objection.
What this practically means
#Executive summary
#Key legal issues
#Whether the notice of preliminary objection met the threshold of a preliminary objection
It did not; because determining res judicata required ascertaining facts from prior pleadings and determinations not properly before the court, the objection raised matters requiring evidence and was struck out.
Applying Mukisa Biscuits and Hassan Ali Joho, a preliminary objection must raise a pure point of law on the assumption that the facts pleaded by the other side are correct. Res judicata requires proof of a prior suit and determination, ordinarily through pleadings and determinations exhibited to an affidavit. The objector attached such documents only to written submissions, which cannot be relied upon as evidence, so the objection failed the threshold.
Whether the suit is res judicata
The court declined to make any merits pronouncement, leaving the objector free to raise res judicata by formal notice of motion.
Having struck out the preliminary objection as the wrong platform for the res judicata claim, the court held that the issue requires a formal notice of motion supported by an affidavit exhibiting the prior pleadings, issues and determinations. The evidential materials had been attached only to written submissions and could not be relied upon, so no determination on the merits of res judicata was made.
Legal principles established
#- A party alleging res judicata who has not placed the prior pleadings and determinations before the court as part of its evidence or pleadings must bring a formal application supported by an affidavit exhibiting the relevant documents.
Court orders
#- 1.The notice of preliminary objection dated 21/1/2025 is struck out
- 2.The 6th defendant shall bear costs of the preliminary objection
- 3.The objector is at liberty to ventilate the issue of res judicata by way of a formal notice of motion
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ciamwonge (Suing as the Legal Representative of the Estate of Mugendi Runguma – Deceased) v Laini & 7 others (Environment and Land Case E008 of 2024) [2025] KEELC 3944 (KLR)", Case Analysis (2025). Not stated in the judgment (E&L Suit, Chuka). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3944/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.