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ELCOtherNot stated in the judgment· [2025] KEELC 7994 (KLR)

Macharia & another v Opara (Environment and Land Case 6 of 2019) [2025] KEELC 7994 (KLR)

Environment and Land Court
19 November 2025
CNC.K. NZILI
119 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitale declined to rule on a withdrawn land dispute application because a similar one is already before the Court of Appeal.

What this practically means

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Executive summary

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This is a brief ruling delivered by the Environment and Land Court at Kitale (C.K. Nzili, Judge) on 19 November 2025. The court was due to render a ruling on an application dated 30 September 2025, but the applicant had given notice of withdrawal of that application. Counsel for both the applicant (Namude) and the respondent (Teti) also indicated that a similar application was pending before the Court of Appeal. Taking that into account, the judge, in the interest of justice, declined to pronounce the court's position on the substantive issue, holding that the matter was now seized of by the Court of Appeal. The court accordingly marked the application dated 30/9/2025 as withdrawn, save for any reliefs already granted, and made no order as to costs. The ruling is exceptionally short and does not disclose the case title, case number, the nature of the underlying dispute, or the specific reliefs previously granted; the parties are identified only through their counsel appearing on the delivery date. No authorities or statutory provisions are cited. The practical effect is that the substantive application was not determined on the merits at first instance, no costs were awarded, and the dispute proceeds, if at all, before the Court of Appeal where the similar application is pending.

Key legal issues

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01

Whether to determine the withdrawn application

Holding

The court declined to determine the application, which was marked as withdrawn except for reliefs already granted, and made no order as to costs

Reasoning

The parties indicated that a similar application was pending before the Court of Appeal. The applicant gave notice of withdrawal of the application dated 30/9/2025. In the interest of justice, and to avoid pronouncing on a matter seized of by a superior court, the judge marked the application withdrawn, preserved the reliefs already granted, and made no order as to costs.

p. 1

Legal principles established

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  • Where a similar matter is pending before the Court of Appeal, the subordinate/first-instance court may in the interest of justice refrain from pronouncing itself on the issue

Court orders

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  1. 1.The court refrains from pronouncing itself on the matter now seized of by the Court of Appeal
  2. 2.The application dated 30/9/2025, save for the reliefs granted, is marked as withdrawn with no order as to costs
Jurisdiction invoked
Not expressly stated; court seized of an interlocutory application, with a similar application pending before the Court of Appeal

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Macharia & another v Opara (Environment and Land Case 6 of 2019) [2025] KEELC 7994 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7994/eng@2025-11-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.