Ethics and Anti-Corruption Commission v Wazazi Farmers Company Limited & 6 others; Kenya Agricultural and Livestock Research Organization (Interested Party) (Land Case E052 of 2024) (Environment and Land) [2025] KEELC 4189 (KLR)
The bottom line
#The EACC's fresh land lawsuit over Naivasha plots was struck out because the same dispute is already before the Nakuru Environment and Land Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata Nakuru ELC Petition No. 17/2019
No - the cause of action and remedy differ; the Petition determined constitutional-rights violations, whereas the present suit seeks determination of ownership and proprietary rights
The court examined the Petition and found it was decided on the basis of violation of the Petitioner's constitutional rights to fair administrative action and hearing before revocation of title, not ownership. The present suit seeks determination of ownership/proprietary rights over the sub-divided parcels as public land. Different cause of action and remedy mean res judicata was not properly raised; that objection was dismissed.
Whether the suit is sub judice Nakuru ELC E062 of 2021 (Consolidated with Nakuru ELCLC No. 82 of 2019)
Yes - the matter in issue is directly and substantially in issue in the previously instituted consolidated suit between the same parties litigating under the same title
The court compared the parties and causes of action in the consolidated Nakuru suits with the present suit. The parties were similar or litigating under the same title, and the cause of action (ownership/injunction over LR 5211/2 and its sub-divisions) was similar. Status quo preservation orders were in force. Parallel proceedings would offend the sub judice rule and the overriding objective.
Whether the suit is an abuse of court process
Yes - the claim can perfectly be litigated in the pending Nakuru consolidated suit, so the suit is struck out rather than stayed
Since the sub judice test was met and the same claim could be litigated in the earlier suit, continuing the present suit would abuse court process. The court chose striking out over a stay, allowing the 2nd to 4th Defendants' motion dated 28th January 2025 with costs to the Defendants.
Legal principles established
#- For res judicata to apply there must be a former final judgment on merit by a competent court between identical parties, subject matter and cause of action
- Where the sub judice rule is established, the later suit must be stayed or disposed of to avoid conflicting decisions and to ensure efficient use of judicial resources
Court orders
#- 1.The objection on res judicata is dismissed
- 2.The 2nd to 4th Defendants' Notice of Motion Application dated 28th January 2025 succeeds
- 3.The Plaintiff's suit and its Application dated 13th December 2024 are struck out
- 4.Costs of the suit and application awarded to the Defendants
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act; applications under Sections 1A, 1B, 3A and 6 of the Civil Procedure Act and Orders 40 and 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Wazazi Farmers Company Limited & 6 others; Kenya Agricultural and Livestock Research Organization (Interested Party) (Land Case E052 of 2024) (Environment and Land) [2025] KEELC 4189 (KLR)", Case Analysis (2025). Naivasha ELC Case (Notice of Motion dated 13th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4189/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.