Mabirika & 203 others v Director Land Adjudication & Settlement & 2 others; National Assembly & 3 others (Interested Parties) (Environment & Land Petition E011 of 2024) (Environment and Land) [2025] KEELC 4449 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Petition is res judicata in view of Mombasa ELC Petition No. 6 of 2019
The Petition is res judicata; it has a substantially similar cause of action and involves parties in privity with the earlier decided petition
The court compared the reliefs sought: both petitions concerned occupation of, and entitlements over, LR No. 5865/2 Taveta. The earlier petition was heard on affidavit and viva voce evidence and dismissed on the merits on 23rd January 2023. Allowing reconsideration would re-open the matter and abuse court process. Changes of parties and some additional reliefs do not cure the fatality.
Whether the court is functus officio and other objections (want of supporting affidavit, Rule 3(8) of the Mutunga Rules)
Not determined; the res judicata finding disposed of the objections
Having found the petition res judicata, the court held it unnecessary to address the remaining grounds raised in the preliminary objections, including functus officio based on the pending Court of Appeal application, want of a supporting affidavit, and dismissal under Rule 3(8) of the Mutunga Rules.
Legal principles established
#- To succeed in res judicata, a party must demonstrate a former final judgment on the merits rendered by a court of competent jurisdiction between identical parties or those in privity, on the same subject matter and cause of action
- Res judicata bars a litigant or persons claiming under the same title from returning to court to claim further reliefs not claimed in the earlier action
- A substantially similar cause of action with parties in privity with an earlier suit renders the later petition res judicata even where new parties and additional reliefs are introduced
Court orders
#- 1.The Petition filed herein is hereby struck out for being res judicata in view of MSA ELC Petition No. 6 of 2019 Mathenge Ramathani Kamozu & Others =Versus= Attorney General and 7 Others
- 2.Each party to bear own costs of the Petition
- Jurisdiction invoked
- Articles 159(2)(d) and 50(1) of the Constitution invoked by Petitioners; res judicata doctrine under section 7 Civil Procedure Act principles as stated in John Florence Maritime Services (KESC 39 (KLR))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mabirika & 203 others v Director Land Adjudication & Settlement & 2 others; National Assembly & 3 others (Interested Parties) (Environment & Land Petition E011 of 2024) (Environment and Land) [2025] KEELC 4449 (KLR)", Case Analysis (2025). Not stated in the judgment (Voi ELC Petition, struck out on preliminary objection). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4449/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.