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ELCDismissedELCLC E413 of 2024 (consolidated matter; number of the substantive suit not stated in the judgment)· [2025] KEELC 4297 (KLR)

Nairobi Polo Club v Agricultural Society of Kenya & another (Environment & Land Miscellaneous Case E210 of 2024) [2025] KEELC 4297 (KLR)

Employment and Labour Relations Court
30 May 2025
TMT. Murigi
632 words in judgment
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The bottom line

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Kenya's Employment Court dismissed a bid to strike out a suit as sub judice because the two cases had already been consolidated, with costs awarded to the Petitioner.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court (T. Murigi, J) determined a Notice of Motion dated 20th January 2024 in which the Respondents, through their Legal Officer Caren Jaguga, sought the striking out of the suit on the ground that it was sub judice, together with costs. They argued that the matters in issue were directly and substantially in issue in ELCLC E413 of 2024, a suit pending before the same court and at an advanced stage, with an arbitrator having been appointed by the Chartered Institute of Arbitrators. They contended that maintaining both suits contravened Section 6 of the Civil Procedure Act (referred to in the affidavit as the Civil Procedure Rules), wasted judicial resources and was inimical to the interests of justice. Though duly served, the Petitioner filed no response, and neither party filed submissions as directed. The court identified a single issue: whether the suit was sub judice. It reproduced Section 6 of the Civil Procedure Act and applied the High Court's exposition of the sub judice doctrine in Republic v Paul Kihara Kariuki, Attorney General & 2 others Ex parte Law Society of Kenya [2020] KEHC 10142 (KLR), which explains that the rule prevents courts of concurrent jurisdiction from entertaining parallel litigation on the same cause of action, subject matter and relief. However, the court noted from the record that on 29 October 2024 it had already consolidated the matter with ELCLC E413 of 2024. Consolidation meant there were no parallel proceedings, so the sub judice rule was not engaged. The application was found devoid of merit and dismissed with costs.

Key legal issues

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01

Whether the suit was sub judice within the meaning of Section 6 of the Civil Procedure Act

Holding

The application failed because the suit had been consolidated with ELCLC E413 of 2024, removing any sub judice concern

Reasoning

The court reproduced Section 6 of the Civil Procedure Act and the exposition of the sub judice doctrine in Republic v Paul Kihara Kariuki ex parte Law Society of Kenya, noting that the rule bars parallel proceedings on the same issue between the same parties. It then observed from the record that on 29 October 2024 the two matters had already been consolidated, so there were no parallel proceedings capable of offending Section 6, and the application was accordingly dismissed with costs.

p. 2

Legal principles established

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  • Where two suits between the same parties are consolidated, the sub judice bar in Section 6 of the Civil Procedure Act ceases to apply
  • The purpose of the sub judice rule is to prevent courts of concurrent jurisdiction from entertaining parallel litigation on the same cause of action, subject matter and relief

Court orders

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  1. 1.The application dated 20th January 2024 is dismissed
  2. 2.Costs of the application awarded to the Petitioner

Authorities

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Legislation

  • Civil Procedure ActSection 6
  • Civil Procedure RulesSection 6 (as referred to by the deponent)

Cases cited (1)

  • Republic v Paul Kihara Kariuki, Attorney General & 2 others Ex parte Law Society of Kenya
    [2020] KEHC 10142 (KLR)
Jurisdiction invoked
Original jurisdiction of the Employment and Labour Relations Court; Section 6 of the Civil Procedure Act (sub judice rule)

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, "Nairobi Polo Club v Agricultural Society of Kenya & another (Environment & Land Miscellaneous Case E210 of 2024) [2025] KEELC 4297 (KLR)", Case Analysis (2025). ELCLC E413 of 2024 (consolidated matter; number of the substantive suit not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4297/eng@2025-05-30

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