Shihemi (Suing as the Administrator of the Estate of Shihemi Stanley Reuben) & another v Livondo (Environment & Land Miscellaneous Case E021 of 2025) [2025] KEELC 3973 (KLR)
The bottom line
#The Environment and Land Court in Kakamega struck out an application for consolidation, confirming that consolidation of land suits must first be sought in the trial court where they are pending.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC should exercise supervisory jurisdiction over the Kakamega subordinate court proceedings
Refused - no exceptional circumstances or manifest injustice demonstrated; the complaint about refusal of joinder was a matter for appeal.
The applicants were aggrieved by the trial court's dismissal of their joinder application for lack of letters of administration, but did not fault that finding or appeal. Joinder decisions are appealable as of right under Order 43 Rule 1(a). Supervisory jurisdiction is distinct from appellate jurisdiction and is exercised sparingly only where manifest injustice would otherwise result, which was not shown.
Whether the ELC can consolidate two suits pending before the Chief Magistrate's Court
No - the trial court where the suits are pending has jurisdiction over consolidation; the ELC lacks jurisdiction absent a prior consolidation application and determination in the subordinate court.
Consolidation is a case management function exercised by the court trying the dispute. A superior court ordering consolidation of subordinate court matters without such an application there would amount to an overreach and conducting case management of cases not before it. Intervention is possible only after the subordinate court has determined a consolidation question and an aggrieved party moves the superior court.
Whether the prayer for stay of proceedings remained live
The stay sought pending inter partes hearing of the application was spent.
The stay of proceedings in Kakamega Misc. Application No. 37 of 2023 was sought only pending the inter partes hearing of the instant application, so by the time of judgment that prayer had served its purpose and fell away.
Legal principles established
#- Subordinate courts exercising ELC jurisdiction fall under the supervisory jurisdiction of the ELC, not the High Court.
- Supervisory jurisdiction is exercised sparingly and only in exceptional cases of manifest injustice.
- The court where a suit is filed has jurisdiction to determine consolidation; a superior court cannot order consolidation of matters pending before subordinate courts where no such application has been made there.
Court orders
#- 1.The application dated 24th March, 2025 is struck out with costs to the respondent
- Jurisdiction invoked
- Articles 165(5) and 165(6) of the Constitution; sections 3A and 63(e) of the Civil Procedure Act; Order 50 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shihemi (Suing as the Administrator of the Estate of Shihemi Stanley Reuben) & another v Livondo (Environment & Land Miscellaneous Case E021 of 2025) [2025] KEELC 3973 (KLR)", Case Analysis (2025). Kakamega ELC No. E240 of 2024 (Notice of Motion dated 24th March, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3973/eng@2025-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.