Ramadhan v Makokha (Environment and Land Appeal E033 of 2023) [2025] KEELC 8227 (KLR)
The bottom line
#Kenya's Environment and Land Court in Kakamega refused to pause an appeal, confirming that parties must pick one court and stick with it.
What this practically means
#Executive summary
#Key legal issues
#Threshold for stay of proceedings
The threshold is stringent; stay is granted only where the interests of justice require halting the proceedings, and the applicant failed to meet it
The court relied on Article 159 of the Constitution requiring expeditious justice, and on Kenya Wildlife Service v Mutembei (2019) eKLR noting that staying proceedings detrimentally interferes with the right of access to expeditious justice and fair trial under Articles 48 and 50. Citing Halsbury's Laws and Gardiner and Lansdown, the court held stay is warranted only where grave injustice would otherwise result. The applicant, having filed the appeal herself and adduced no compelling material, failed the threshold.
Party cannot litigate the same issue in two forums simultaneously
A party must elect the forum in which her claim will be determined and cannot shuttle between this court and the High Court
The appellant sought to await the outcome of summons for review and redistribution in Succession Cause No. 661 of 2013 filed by Ali Makokha Wangatia, whose tribunal award underpinned her counterclaim. The court held that the applicant and Ali Makokha cannot pursue parallel proceedings and, since the respondent chose this court for his claim, the stay application was an unjustified delay tactic.
Legal principles established
#- Stay of proceedings is a serious interruption of a party's right to litigate and should not be imposed unless the proceedings ought not, beyond reasonable doubt, be allowed to continue
- Stay of proceedings will ordinarily not be granted unless proceeding with the matter will result in grave injustice or justice cannot otherwise be attained
Court orders
#- 1.The application dated 13th May 2025 is dismissed with costs to the respondent
- 2.It is so ordered
- On appeal from
- Lower court (Kakamega CMC) - decision granting respondent vacant possession
- null
- Jurisdiction invoked
- Appellate jurisdiction over the subordinate court decision; application under the court's inherent powers to stay its own proceedings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ramadhan v Makokha (Environment and Land Appeal E033 of 2023) [2025] KEELC 8227 (KLR)", Case Analysis (2025). not stated in judgment (appeal filed 6/11/2023; notice of motion dated 13th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8227/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.