Karebe Gold Mining Limited & another v Korir & 14 others (Environment and Land Case E009 of 2022) [2025] KEELC 6457 (KLR)
The bottom line
#Kenya's Environment and Land Court halted an entire land dispute because the same issues were already pending before the Court of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Sub judice / stay of proceedings pending appeal on the same subject matter
The suit is stayed in its entirety under section 6 of the Civil Procedure Act pending the outcome of Court of Appeal Civil Appeal No. 177 of 2020
The court found the subject matter of the contempt application is also before the Court of Appeal in Civil Appeal No. 177 of 2020, which is pending hearing. Invoking the sub judice principle anchored in section 6 of the Civil Procedure Act and the court's inherent powers under sections 3 and 3A, it held that entertaining the matter would risk conflicting determinations and abuse of process, justifying a stay rather than ruling on the contempt allegations.
Whether the contempt application was moot as anchored on non-existent orders
Not decisively determined; the court disposed of the matter on sub judice grounds instead
The 1st defendant argued the orders of 18th October 2022 lapsed automatically upon the Court of Appeal's ruling of 2nd December 2022 on the application dated 28th July 2020. The applicant countered that the Court of Appeal application was distinct and its dismissal did not lapse the orders. The court did not resolve this dispute, instead staying the proceedings on sub judice grounds.
Legal principles established
#- A court should not simultaneously entertain the same subject matter pending before the Court of Appeal; the sub judice rule under section 6 of the Civil Procedure Act mandates a stay to prevent conflicting decisions
- The purpose of sub judice is to prevent duplicated, vexatious litigation and conflicting determinations
Court orders
#- 1.The suit originating by plaint dated 28th March 2022 is stayed in its entirety under section 6 of the Civil Procedure Act pending the outcome of the appeal in the Court of Appeal
- 2.Prayers (a) and (b) of the Notice of Motion dated 1st April 2025 rendered moot
- Jurisdiction invoked
- Sections 3, 3A and 6 of the Civil Procedure Act, Chapter 21, Laws of Kenya; section 5(1) of the Judicature Act, Chapter 8
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karebe Gold Mining Limited & another v Korir & 14 others (Environment and Land Case E009 of 2022) [2025] KEELC 6457 (KLR)", Case Analysis (2025). Not stated in the extract (plaint dated 28th March 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6457/eng@2025-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.