Odhiambo v Mfangano Division ACC & 2 others (Judicial Review 1 of 2022) [2025] KEELC 5053 (KLR)
The bottom line
#The Environment and Land Court dismissed a repeat attempt to escape contempt orders, ruling you cannot re-argue a decided matter—you must appeal instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the application is res judicata
The application is res judicata because it seeks the same orders as the application dated 03/10/2024, which was determined on the merits in the ruling of 25/03/2025 between the same parties.
The court applied Section 7 of the Civil Procedure Act, adopting the Supreme Court's conjunctive test from the IEBC v Maina Kiai case. Both applications sought identical relief - stay of execution, setting aside of the contempt orders, and leave to file supplementary documents - premised on the same grounds of non-service. The issues had been heard and finally determined on merit between the same parties under the same title by a competent court.
Whether the court can review its own decision on appeal
An aggrieved party must appeal to the Court of Appeal under Section 16 of the ELC Act and Article 164(3) of the Constitution; the court cannot sit on appeal on its own decision.
The court held that the applicant was attempting an appeal through the backdoor by re-litigating the impugned ruling. Statute and the Constitution provide the mechanism of appeal to the Court of Appeal, which the applicant should have pursued instead of filing the instant application, which also appeared designed to impede the pending sentencing proceedings.
Legal principles established
#- All elements of res judicata under Section 7 of the Civil Procedure Act must be satisfied conjunctively
- A court cannot sit on appeal on its own decision; the recourse of an aggrieved party is to appeal
- Appeals from the Environment and Land Court lie to the Court of Appeal
Court orders
#- 1.The Notice of Motion dated 28/03/2025 is dismissed for lack of merit
- 2.Costs awarded to the Respondents
- 3.Mention on 02nd July 2025 for the applicant to comply by paying the sum ordered or be imprisoned for contempt
- Jurisdiction invoked
- Environment and Land Court Act, Section 7 of the Civil Procedure Act (Cap 21) and Article 164(3) of the Constitution (on appeal routes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odhiambo v Mfangano Division ACC & 2 others (Judicial Review 1 of 2022) [2025] KEELC 5053 (KLR)", Case Analysis (2025). Application dated 28/03/2025 (arising from contempt application filed 29/04/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5053/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.