Rassam & 4 others v Kazungu & 6 others (Environment and Land Case 31 of 2021) [2025] KEELC 6949 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit is sub judice by virtue of High Court Constitutional Petition No. 52 of 2012 and High Court Civil Suit No. 42 of 2012
The preliminary objection fails because both cited matters are land disputes pending before the High Court, which lacks jurisdiction over environment and land matters; section 6 requires pendency before a court with jurisdiction to grant the relief claimed
The court traced the sub judice doctrine to section 6 of the Civil Procedure Act and the Supreme Court's articulation of its elements, including that both suits must be before courts of competent jurisdiction. Since post-30th August 2012 land title and occupation disputes fall exclusively within the ELC under Articles 162(2)(b) and 165(5)(b) and section 13(2) of the ELC Act, the High Court matters are not competent parallel suits. The objection would only have succeeded had those matters been transferred to the ELC.
Costs of the preliminary objection
Costs follow the event under section 27 of the Civil Procedure Act; the 1st to 3rd defendants must pay the plaintiffs' costs
The plaintiffs successfully defended the objection and no good reason was shown to depart from the normal rule on costs.
Legal principles established
#- A suit pending before a court without jurisdiction over the subject matter cannot render a later suit before the competent court sub judice under section 6 of the Civil Procedure Act
- Disputes relating to the environment and the use, occupation of, and title to land are the exclusive preserve of the Environment and Land Court and cannot be heard and determined by the High Court
Court orders
#- 1.The notice of preliminary objection dated 8th July 2021 is rejected.
- 2.The 1st to 3rd defendants to bear the plaintiffs' costs.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and the Environment and Land Court Act No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rassam & 4 others v Kazungu & 6 others (Environment and Land Case 31 of 2021) [2025] KEELC 6949 (KLR)", Case Analysis (2025). ELC Mombasa (suit number not stated in the excerpt). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6949/eng@2025-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.