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ELCDismissedNot stated in the excerpt· [2025] KEELC 8693 (KLR)

Ayoki & another (Co-Administrators of the Estate of the Late Wycliffe Adonijah Onyango (Deceased)) v Multi-Stage Investment Limited & 2 others (AND IN THE SUIT BY WAY OF COUNTERCLAIM); Multi-Stage Investment Limited (Plaintiff); Victor Owuor Ayoki & Roselyne Akoth Ayoki (The Co-Administrators of the Estate of the Late Wycliffe Adonijah Onyango (Deceased) & 6 others (Defendant) (Environment and Land Case E054 of 2020) [2025] KEELC 8693 (KLR)

Environment and Land Court
11 December 2025
CMC. G. Mbogo
2,144 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This judgment of the Environment and Land Court (Hon. C. G. Mbogo, J) determines a notice of motion dated 6th March 2025 filed by the 2nd defendant/applicant in the counterclaim. The applicant sought a stay of proceedings, setting aside of orders issued on 11th June 2024 by Hon. Justice Oscar Angote granting the 7th defendant leave to file a supplementary bundle of documents, witness statement and list of witnesses, and the expungement of those documents from the record. The applicant argued that leave was granted without notice to the parties, violating his right to a fair hearing, and that the impugned filing flowed from an application allegedly dismissed by Hon. Lady Justice L. Mbugua. The respondents opposed, contending that all parties were present when leave was granted, that the court was functus officio, that the application came after an unexplained eight-month delay, and that asking the court to disturb an order of a judge of concurrent jurisdiction amounted to sitting on appeal. The court framed two issues: its jurisdiction to set aside the directions of 11th June 2024, and whether the impugned documents should be expunged. Relying on Peter Nganga Muiruri v Credit Bank, Bellevue Development Company v Francis Gikonyo and Wambui v Wambui, the court held that judges of concurrent jurisdiction wield no supervisory or appellate powers over one another and that any attempt to reverse Justice Angote's orders would be a nullity. The delay in bringing the application was also found unexplained. The application was dismissed with costs in the cause, though the applicant was granted leave to file additional documents.

Key legal issues

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01

Whether the court can set aside directions issued by a judge of concurrent jurisdiction

Holding

No; the court has no supervisory or appellate jurisdiction over a court of equal status.

Reasoning

Relying on Peter Nganga Muiruri v Credit Bank, Bellevue Development and Wambui v Wambui, the court held that in the hierarchical court system judges of concurrent jurisdiction cannot superintend over each other. The proper remedy against a judge's discretionary order is an appeal or review, neither of which was pursued. Any attempt to reverse the orders would be a usurpation of power and a nullity.

p. 4
02

Whether the impugned additional documents, witness statement and list of witnesses should be expunged

Holding

No; the expungement claim fails because it depends on nullifying the orders of 11/6/2024, over which the court has no jurisdiction. The applicant was granted leave to file additional documents in response.

Reasoning

Having found no jurisdiction to disturb the directions of Hon. Justice Angote, the court held that any alternate finding expunging the documents would itself be a nullity. In the interest of justice, the applicant was granted liberty to file additional documents, mitigating any claimed prejudice since parties can challenge documents and cross-examine witnesses at hearing.

p. 5

Legal principles established

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  • A judge of concurrent jurisdiction has no power to set aside, review or overturn the orders of another judge of equal status; such a decision is a nullity.

Court orders

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  1. 1.The notice of motion dated 6th March, 2025 is dismissed
  2. 2.Costs to be in the cause
  3. 3.The 2nd defendant/applicant will have leave to file any additional documents if need to be
On appeal from
null
null
Jurisdiction invoked
Sections 1A, 1B, 3A and 63 of the Civil Procedure Act; Articles 25 and 50 of the Constitution of Kenya (invoked by the applicant)

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, "Ayoki & another (Co-Administrators of the Estate of the Late Wycliffe Adonijah Onyango (Deceased)) v Multi-Stage Investment Limited & 2 others (AND IN THE SUIT BY WAY OF COUNTERCLAIM); Multi-Stage Investment Limited (Plaintiff); Victor Owuor Ayoki & Roselyne Akoth Ayoki (The Co-Administrators of the Estate of the Late Wycliffe Adonijah Onyango (Deceased) & 6 others (Defendant) (Environment and Land Case E054 of 2020) [2025] KEELC 8693 (KLR)", Case Analysis (2025). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8693/eng@2025-12-11

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