Chebiego v Flora Chelimo & 3 others (Suing as the Legal Representative of the Estate of Joseph Kipyator Chelimo - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 7464 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a long-pending eviction application because the same issues had already been decided in 2007, and no one can relitigate them.
What this practically means
#Executive summary
#Key legal issues
#Whether the application offends the doctrine of res judicata
Yes. The instant application mirrors the earlier application dated 07.09.2005/2007 decided by Kaburu Bauni J on 13.11.2007, between the same parties, over the same subject matter and the same cause of action; that decision was on merit, final and never set aside.
Applying section 7 of the Civil Procedure Act and the Supreme Court's restatement of the res judicata elements in John Florence Maritime Services, the court compared the two applications. Both sought eviction of the plaintiff from L.R. No. Irong/Kessup/65 and police assistance in execution. The earlier ruling was rendered on merit and its orders are final and have never been set aside, reviewed or vacated, so all res judicata elements are satisfied.
Whether the applicants are entitled to the orders sought
No; this issue fell away once res judicata was established.
The court held that the doctrine of res judicata prohibits a court from trying any issue substantially in issue in an earlier suit or application. Since the eviction and execution orders had already been litigated and determined in 2007, the applicants could not obtain them afresh in the present application.
Who bears the costs
Each party to bear their own costs; the 2nd respondent was denied costs for want of nexus with the plaintiff's estate.
While costs follow the event, the orders sought were directed at the plaintiff and his estate. The 2nd respondent demonstrated no connection to that estate justifying an award of costs of defending the application, even though the orders were not directly against him.
Legal principles established
#- An application seeking the same relief between the same parties over the same subject matter as an earlier application heard and determined on merit is res judicata
- Costs follow the event unless the court directs otherwise
Court orders
#- 1.The Notice of Motion Application dated 19th July, 2013 is dismissed as res judicata
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Original and inherent jurisdiction of the Environment and Land Court; sections 3, 3A and 7 of the Civil Procedure Act invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chebiego v Flora Chelimo & 3 others (Suing as the Legal Representative of the Estate of Joseph Kipyator Chelimo - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 7464 (KLR)", Case Analysis (2025). Notice of Motion Application dated 19th July, 2013 (suits court record not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7464/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.