Wasike & another v Eldoret Express Limited & 13 others (Enviromental and Land Originating Summons E001 of 2025) [2025] KEELC 6876 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the court could set aside its own ruling to relitigate matters conclusively determined by superior courts
No; the application was dismissed as res judicata and barred by stare decisis
The court had considered all relevant materials in the impugned ruling, including binding decisions on the same parties and subject matter that reached the Court of Appeal and Supreme Court. Article 163(7) constitutionally obliges the court to abide by those decisions, and the functus officio doctrine secures finality. Revisiting the ruling would amount to overruling superior courts' decrees.
Whether the alleged fraud and non-disclosure vitiated the ruling
Allegations rejected; the ruling was arrived at after considering all relevant materials availed by the parties
The applicant alleged the ruling was fraudulently obtained through concealment of stay orders from Kitale HCC No. 17 of 2018 and 22 of 2022. The court found no basis, noting the impugned ruling expressly considered the binding decisions over the same subject matter between the same parties, up to the Supreme Court level.
Legal principles established
#- Article 163(7) of the Constitution embodies stare decisis and binds lower courts to decisions of the Court of Appeal and Supreme Court
- Once a decision is taken (subject to appeal) it is final and conclusive
Court orders
#- 1.The application dated 17/6/2025 is dismissed
- 2.Costs to the 1st respondent/1st defendant
- Jurisdiction invoked
- Not stated in judgment; application to set aside ruling of the ELC, decided under the doctrine of stare decisis per Article 163(7) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wasike & another v Eldoret Express Limited & 13 others (Enviromental and Land Originating Summons E001 of 2025) [2025] KEELC 6876 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 17/6/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6876/eng@2025-10-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.